hypertension Do I Need An Attorney Or Just Some Advice?

[saddletramp]

Please submit medical evidence on your current disability as well as evidence showing a connection between your disability and your service connected condition. We will consider service connection for your as secondary to your service connected condition. Note: Temporary or intermittent flare ups of a condition are not considered aggravation, unless the underlying condition, as contrasted by symptoms, has gotten worse.

2011-11-28 2011-12-28

You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability.

2011-11-28 2011-12-28

You were previously denied service connection for atrial fibrillation. You were notified of the decision on January 3, 2011. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because the evidence does not show that your claimed ischemic heart disease began in the military or that it has been treated continuously since your discharge from service. Therefore, the evidence you submit must be new and relate to this fact.

2011-11-28 2011-12-28

We need evidence showing that the following condition(s) existed from military service to the presen...t time:

atrial fibrillation secondary to Diabetes Mellitus Type II

2011-11-28 2011-12-28

As we consider your claim, you may submit evidence showing that your service-connected Post-Traumati...c Stress Disorder (PTSD) [[has][have]] increased in severity.

2011-11-28 2011-12-28

We need evidence showing that the following condition(s) existed from military service to the presen...t time:

hypertension secondary to diabetes mellitus type II, erectile dysfunction secondary to diabetes mellitus type II, traumatic brain injury(TBI), diabetes mellitus type II due to Agent Orange Exposure

2011-05-10 2011-06-09

Send us medical evidence that shows the diagnosis and earliest symptoms for each disability below th...at resulted from your exposure to herbicides (Agent Orange):

diabetes mellitus type II due to Agent Orange Exposure

If you are claiming a skin condition, we need medical evidence that shows your skin condition was present during the first year after your last service in Vietnam.

2011-05-10 2011-06-09

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My medical records are really fragmented, and only half there. From 1/25/68 to 10/15/69 they are missing. That is when I had a TBI in 9/69, How to prove that ?

I have a doctors nexus letter with AFIB being secondary to DMII, and my TBI was in sept 69 they say they lost my medical records until oct of 69???

As far as not working, my health is pretty diminished with my heart and everything else. I am afraid of filling out the . 21-8940 form, because my afib is service connected yet, and my PTSD is only 30% I get 10% for DMII>

Any help would work!!

Thanks in advance.

[saddletramp]

When you fill out the IU form it will establish an effective date. I filed for IU when I was 30% and when my rating was raised to 70% I eventually got the IU effective to the date I filed. I got a 60% rating for heart disease secondary to DMII. Do you have a doctor who says that your heart problem is secondary to the DMII? I got the VA to do a lot of testing on me via my PCP. I won the 60% on appeal.

Yes I have a Doctors letter stating that my AFIB and other cardiac complications are caused by my DMII. I never thought of the effective date! thanks.

I will send it in tomorrow!

[saddletramp]

Yes I have a Doctors letter stating that my AFIB and other cardiac complications are caused by my DMII. I never thought of the effective date! thanks.

I will send it in tomorrow!

To Whom It May Concern

Jim W He is a patient in my care. He has been recently diagnosed with diabetes type 2. He had previously been diagnosed with atrophic fibrillation. It is very likely that those are interrelated and the atrial fibrillation likely may be a cardiac complication of his diabetes.

<br style="page-break-before:always;mso-break-type:section-break" clear="all"> RicfTW Williams, MD

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If you have any further questions, please feel free to contact me.

[Capt.]

Hello ST. This is really getting serious on your denied claim and Berta pointed it out that they did not recognize the one year appeal time frame. Now the problem is worse because you have the clock still ticking on the deadline with only about 2 months left. Even if the VA made the mistake. The problem is complicated because they have ruled your decision final and you can only reopen it with new material evidence. If you file an NOD on their decision with notice to reconsider they (Regional Office)still may not recognize the error they committed and refer to it as closed. I am not sure that you can get it to the BVA who would spot this quickly as a mistake on the VARO without filing a reopen claim. Which may be all you can do. It may be a CUE in the making but that is not simple nor time saving at all. You might ask for a DRO NOD to reconsider on the mistake deadline, but no matter what happens that clock is moving on the REAL time line of the decision with that VA Statement of Claim you got. I am more concerned about the VA making more silly mistakes and making this thing so long on your decision we all may be dead before the correction is spotted. This is a mess.

If it was me, I would IMMEDIATELY find a lawyer before you get run over and left behind on this. Even with a lawyer they need to act before the time line expires. I hope someone else here on the forum chimes in as to the seriousness of the time line and the VAs mistake. The VA expects you to follow all time lines but then they just ignore it and do this to you is ridiculous.

As far as your heart condition goes, you are Vietnam and boots on the ground I presume from your post and as Chuck and Berta pointed out Nehmer class and Presumptive from AO. I would get a solid IMO from a Cardiologist with as much of your records as you can supply to them and see if that Cardio Doc can get a IHD diagnosis. Especially since DMII is related to the IHD. This can be another issue to push the TDIU. John is bringing up a good point to file for TDIU and start that Early Effective Date which protects you .

However right now that Jan date from the SOC from Regional Office and their denial and closing your claim is now moved up to the front on priority. I know some of our folks will chime in and offer what needs to be done with concerning the VAs mistake. If this is a mistake , thats one thing but if its a new way to clog up the system with time consumption then we all need to be aware of this tactic. There is alot here on the site about CUE and you probably have one but it would be easier to go with NOD and keep it in the time frame and alive , not closed. No matter what happens above all NEVER GIVE UP . God Bless, C.C.

Edited November 29, 2011 by Capt.Contaminate

[john999]

That letter from your doctor may not be strong enough in VA-speak. They go by "At least as likely as not" and "more likely than not" as the preferred jargon when the doctor makes a nexus statement. If the doctor says it is "likely that it may be" the VARO may say that is speculation. I would send in the IU form anyway.

[carlie]

To Whom It May Concern

Jim W He is a patient in my care. He has been recently diagnosed with diabetes type 2. He had previously been diagnosed with atrophic fibrillation. It is very likely that those are interrelated and the atrial fibrillation likely may be a cardiac complication of his diabetes.

RicfTW Williams, MD

If you have any further questions, please feel free to contact me.

saddle,

It needs to read "more likely" or "as likely as not", a result of the SC'd condition.

I think "very likely" may be found to be questionable.

JMHO

[Capt.]

Hello ST. The letter just is not strong enough with the correct wording " at least as likely as not" necessary to trigger benefit of a doubt. Also the Doctor needs to see ALL of your records including your military medicals records or what you have of them and records showing that you were in the military and where you were stationed. He needs to write that in the report . Something like...... " I have reviewed all of the veterans/patient medical records , test , military service and military medical records. I also have reviewed his documents showing his in country service in Vietnam from____ to___. It is my professional medical opinion that his__________ and "it is as least as likely" caused by his exposure to Agent Orange. I would also like to quote from .....(List Study that is authorativie , such as Braumwald or one of the other top medical studies) he can also quote from a medical journal or study as to the knowledge of Agent Orange causing certain specific diseases like you have then this will tighten the noose on the VA and lessen the wiggle room. I would not risk it any other way. They are already messing with your timeline on the Jan deadline issues. NEVER GIVE UP. God Bless, C.C.

Edited November 30, 2011 by Capt.Contaminate