Carlie, Could You Please Take A Look At This

[bm6546]

Carlie,

I would appreciate it if you would please look at this and tell me what you think. I know you deal a lot with claims that involve a CUE.

I would like your take on this.

Thanks in advance,

Brian

[bm6546]

Another thing that keeps bothering me about all this, If I did indeed have this problem before I enlisted in the Navy, and they were aware of this by me telling them that I have this heart condition.......Why would they have enlisted me in the Navy if they were aware of this at the time? And why did they wait for over 2 years to discharge me?

When I was inducted in the Navy, I think I recall the doctor asking me about my heart problem. I believe I told them that I was in good health and that I had "occasional" heart pounding and that it was not incapacitating. That all changed, of course, once I was in the service with all the exercise and drilling. I did feel that at the time of enlistment that I was in pretty good shape, as any 18 year old would be.

I don't believe that before I went in the service that I ever checked my pulse, not sure if I even knew how to check it back then. I do remember the doctors in the hospital did show me how to check my pulse with my fingers on my wrist. And they also showed me how to put my head down between my knees to help slow down my racing heart. And again, I repeat, I was never treated by any doctors for my PAT before I entered the service. There are no medical records anywhere that I was seen or treated for any heart problems I may or may not have had.

The more I think about this, I am not even sure if I did in fact, have this heart problem before I enlisted in the Navy. I know my records state that I have been having this problem most of my life. I am just not sure of this at all. I know I saw a lot of doctors while in the Navy and just not sure of what I did or did not say to them.

[Hoppy]

What I found intepresting is that you talk about the exercise and drilling. I was in the Navy in 68 and 69. I went to boot camp in San Diego in April of 68. The entire timeI was in the Navy including boot camp I was not require to do a push up, run, jog, double time or do anything I considered more strenuous than what was required in junior high school PE classes. In high school I played football and baseball and our conditioning was very extreme compared to the Navy. When in junior high school PE classes the Kennedy admin. had developed exercise standards that were more rigorous than the physical drills we did in boot camp.In junior high I remember doing pushups, sit ups and having to run for time. In boot camp I was not required to march or walk any distance longer than I did going to and from high school and walking in between classes. The physical drills we did using the old rifle were less strenuous than the sit ups and pushupsI was required to do in junior high school. My biggest problem in the navy in 68 was keeping my weight down due to the sedentary life style. Oh yea, the big exercise was that we had to swim one length of a swimming pool. I remember getting a little gassed doing that. Maybe this is what you did to aggravate your heart rate and forgot about it. When typing up this post I almost forgot about it.

I did not expect that they would remand a CUE. I want you to find the original denial on the anxiety claim and tell me what they said. Has the claim been closed. If yes then you need to file new and material evidence to re-open theclaim. This usually requires a doctors statement that is sufficiently detailed to raise a reasonable possibility that you will prevail. The VA rarely schedules a C&P to re-open a claim. They usually send out a letter when you re-file a denied claim telling you that they will not schedule exams. Was itoriginally denied without a C&P. If you had a C&P what did it say. If the anxiety claim has not been closed, When does the appeal period run out. Developing evidence for this type of claim using VA treating doctors usually requires re-entering treatment for a period of a least two months. That is of course you can find a VA doctor who takes an interest in your compensation claim and wants to help you with a claim. Otherwise, an IMO from a doctor who has reviewed the records will be the only reliable way to get new and material evidence,

Your social security income statement showing a poor work history, SMR, previous treatment records between the military and present, statements from friends,family and spouses who have known you since the military should be given to any VA treating psychologist or IMO examiner at the beginning of the first appointment and copies submitted directly to the VA as evidence in support of the claim. The VA actually asks for witness statements in duty to assist letters and on forms that are attached to a denial. Symptoms of an anxiety disorder are usually observable to close friends and family. Address such issues as changes in physical activity, sedentary life style, fear of physical activity, will not use stairways, hides symptoms of PAT from employers and casual acquaintances. At some point it might be helpful to get me copies of the medical reports from the time of service until now and the witness statements.I have collaborated with medical specialists in writing reports service connecting anxiety disorder claims that were previously denied as many as four times by the VA and dropped by the DAV and VFW. These veterans had reports from several doctors that were useless in advancing their claims. The reports Icollaborated on were cited by DRO's as having full supporting evidence.

I was a lower division pre-med student at a major university and completed all the core classes for a BS degree in psychology. I later when to a private institute and was specifically trained to develop evidence for civil litigation. I was an insurance claims specialist and insurance fraud investigator. I met a lot of disability advocates in my lifetime. I have lived with, partied with and continue to belong to a men's club with PhD's and doctors. Unfortunately, my current associations are a bunch of old retired farts like me and have retired and did not keep up the licenses. One thing thatI have learned over the years is that individuals injured at work or involved with civil litigation are provided with advocates who are way more motivated than the representatives available to veterans at the time they are discharged.Most of the veterans I have dealt with have had their medical treatment and claims for benefits swept under the carpet by the military and then perpetuatedby the VA. I do not guarantee results with the VA due to their propensity to do whatever they want without any significant oversight or responsibility for their actions. I just give veterans my best shot.

Edited December 5, 2011 by Hoppy

[Wings]

Sorry, I screwed up the last reply.

The BVA has remanded:

1. Entitlement to an increased compensable evaluation for a heart disorder, to include paroxysmal atrial tachycardia (PAT).

2. Entitlement to a total disability rating based on individual unemployability.

The RO has already denied my Anxiety. There has been nothing mentioned about the CUE in the remand.

The diagnositic code (DC) for Paroxysmal Atrial Tachycardia (PAT) has changed over the years under the VA rating schedule for 38 CFR Sec. 4.104 Diseases of the Heart.

You have been service-connected for PAT for over 20 years, correct? The VA reduced your compensation from 10% to 0%, but they did not sever your service-connection, correct? Did the VA send you an actual Notice of that reduction? Did they send you your Appellate Rights?

You have claimed an increase in your SC PAT. The maximum rating for PAT is now what? 30% ?

You have additional heart disease which is "more likely than not", or "less likely than not" related to your SC -PAT. From reading the BVA remand, I take it they want to know if the diseases are related, correct? Are they related in your mind?

Bottom line -- this is your claim. What do you want from the VA? We are all seeking the maximum allowances permitted by law, but you have to know where you are going with your claims. You can't file a claim and sit at the mercy of their decisions. When the VA reduced your SC PAT from 10% to 0%, you did not appeal. I do not know how many years passed before you filed for an increase in your service-connected disability --but you now have additional disabilited that may be related.

Your claim for Anxiety, secondary to your heart disease was Denied. Have you appealed that Decision? ~Wings

PAT http://wikidoc.org/index.php/Paroxysmal_atrial_tachycardia

[bm6546]

The diagnositic code (DC) for Paroxysmal Atrial Tachycardia (PAT) has changed over the years under the VA rating schedule for 38 CFR Sec. 4.104 Diseases of the Heart.

You have been service-connected for PAT for over 20 years, correct? The VA reduced your compensation from 10% to 0%, but they did not sever your service-connection, correct? Did the VA send you an actual Notice of that reduction? Did they send you your Appellate Rights?

I have been SC for PAT for over 40 years and the VA did not sever my SC, just the 10%. And no, I did not appeal back then.

You have claimed an increase in your SC PAT. The maximum rating for PAT is now what? 30% ?

You have additional heart disease which is "more likely than not", or "less likely than not" related to your SC -PAT. From reading the BVA remand, I take it they want to know if the diseases are related, correct? Are they related in your mind?

At this point I do not know if the 2 heart conditions are related. My local Cardiologist says they are not related and that is what the VA is telling me also. I have tried to get a Cardiologist to provide me with an IMO but have not had any luck with that yet.

Bottom line -- this is your claim. What do you want from the VA? We are all seeking the maximum allowances permitted by law, but you have to know where you are going with your claims. You can't file a claim and sit at the mercy of their decisions. When the VA reduced your SC PAT from 10% to 0%, you did not appeal. I do not know how many years passed before you filed for an increase in your service-connected disability --but you now have additional disabilited that may be related.

Basically, my intent was for the VA to just reinstate my 10% for my SC PAT because I still have the PAT and it is still affecting me.

Your claim for Anxiety, secondary to your heart disease was Denied. Have you appealed that Decision? ~Wings

Yes I did appeal the denial for anxiety and my claim was sent to the BVA and they remanded it back to the RO.

PAT http://wikidoc.org/index.php/Paroxysmal_atrial_tachycardia

[bm6546]

P.S. Do you have a copy of your military discharge examination?

Yes I have a copy of the military discharge examination.

[Wings]

Another thing that keeps bothering me about all this, If I did indeed have this problem before I enlisted in the Navy, and they were aware of this by me telling them that I have this heart condition.......Why would they have enlisted me in the Navy if they were aware of this at the time? And why did they wait for over 2 years to discharge me?

Presumption of Sound Condition:

BVA Citation Nr: 0709792

Every veteran who served in the active military, naval, or

air service after December 31, 1946 is taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C.A. §§ 1111, 1137 (West 2002). Only those conditions recorded in examination reports can be considered as "noted," 38 C.F.R. § 3.304(b) (2006), and a history of preservice existence of conditions recorded at the time of examination does not constitute a notation of such conditions. Id. § 3.304(b)(1). To rebut the presumption of sound condition for conditions not noted at entrance into service, VA must show by clear and unmistakable evidence both that the disease or injury existed prior to service and that the disease or injury was not aggravated by service. VAOPGCPREC 3-03 (July 16, 2003), 70 Fed. Reg. 23027 (May 4, 2005). Concerning clear and unmistakable evidence that the disease or injury was not aggravated by service-the second step necessary to rebut the presumption of soundness-a lack of aggravation may be shown by establishing that there was no increase in disability during service or that any increase in disability was due to the natural progress of the preexisting condition. Wagner v. Principi, 370 F.3d 1089, 1096 (Fed. Cir. 2004); 38 U.S.C.A. § 1153 (West 2002). If the presumption of sound condition is not rebutted, "the veteran's claim is one for service connection." Wagner, 370 F.3d at 1096. That is to say, no deduction will be made for the degree of disability existing at the time of the veteran's entry into service. Id.; 38 C.F.R. § 3.322 (2006).

See, Wagner v. Principi, 370 F.3d 1089, 1096 (Fed. Cir. 2004)

See also DoDI Memo's Re: Compensability https://www.hrc.army.mil/site/active/tagd/pda/Compilation_of_PDA_Guidance_Policies_and_Sustainment_Training_Notes.pdf

28 FEB 05 Policy/Guidance Memo 3: re: Enactment of 10 USC 1207a and 10 USC 12731b for EPTS conditions Policy/Guidance Memo

30 SEPT 09 Conditions not Constituting a Physical Disability Memo to PEB Presidents

9 DEC 09 Medical Principles: Presumption of Soundness and Permanent service Aggravation; Placement on TDRL