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

Show Less

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.

[Berta]

I assume you are an incountry Vietnam vet.

"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."

HUH? What happened to the year appellate period for filing a NOD?

"I have a doctors nexus letter with AFIB being secondary to DMI" Did the VA ave that letter when they made the Jan 2011 decision?

"your claimed ischemic heart disease" etc.

Do you have a confirmed diagnosis of IHD?

Ischemic Heart Disease is now an AO presumptive disability.The definition for IHD that VA accepts as well as rating info as to what evidence they need is in the AO forum here.

The PTSD- have your meds increased? or is there anything that shows an increase in severity in your treatment records?

"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."

That confirms you are Vietnam vet but if this is for chloracne, this will be difficult to prove.Some skin conditions can stem from DMII,

"they say they lost my medical records until oct of 69??" .

I strongly suggest you go to the NARA web site and click on veterans records and then fill out the SF 160 and ask for all of your medical records and personnel records.

Then print off the bar coded thing (I guess this hasnt changed since I used this last) and sign it,copy it and send it to where the site tells you to.

I have some vet's files here that contain their SMRs which the VA told them had been lost or destroyed.

"That is when I had a TBI in 9/69, How to prove that ?"

Have you tried to obtain buddy statements?

Was this due to an event that could be in a Morning Report? such as an explosion or incoming or land mine?

Is anything like that noted on your discharge physical?

Do you have a private cardio doctor?

There is a short form they can fill out for the IHD.

Do you get SSDI benefits and are they for the same SC conditions you have now?

[saddletramp]

I assume you are an incountry Vietnam vet.

"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."

HUH? What happened to the year appellate period for filing a NOD?

"I have a doctors nexus letter with AFIB being secondary to DMI" Did the VA ave that letter when they made the Jan 2011 decision?

"your claimed ischemic heart disease" etc.

Do you have a confirmed diagnosis of IHD?

Ischemic Heart Disease is now an AO presumptive disability.The definition for IHD that VA accepts as well as rating info as to what evidence they need is in the AO forum here.

The PTSD- have your meds increased? or is there anything that shows an increase in severity in your treatment records?

"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."

That confirms you are Vietnam vet but if this is for chloracne, this will be difficult to prove.Some skin conditions can stem from DMII,

"they say they lost my medical records until oct of 69??" .

I strongly suggest you go to the NARA web site and click on veterans records and then fill out the SF 160 and ask for all of your medical records and personnel records.

Then print off the bar coded thing (I guess this hasnt changed since I used this last) and sign it,copy it and send it to where the site tells you to.

I have some vet's files here that contain their SMRs which the VA told them had been lost or destroyed.

"That is when I had a TBI in 9/69, How to prove that ?"

Have you tried to obtain buddy statements?

Was this due to an event that could be in a Morning Report? such as an explosion or incoming or land mine?

Is anything like that noted on your discharge physical?

Do you have a private cardio doctor?

There is a short form they can fill out for the IHD.

Do you get SSDI benefits and are they for the same SC conditions you have now?

[Berta]

PS, that 10% DMII seems way too low:

7913  Diabetes mellitusRequiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occupational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength or complications that would be compensable if separately evaluated 100

Requiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated 60

Requiring insulin, restricted diet, and regulation of activities 40

Requiring insulin and restricted diet, or; oral hypoglycemic agent and restricted diet 20

Manageable by restricted diet only 10

Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a 100 percent evaluation. Noncompensable complications are considered part of the diabetic process under diagnostic code 7913.Note (2): When diabetes mellitus has been conclusively diagnosed, do not request a glucose tolerance test solely for rating purposes.

from Schedule of Ratings Diabetes Mellitus under Endocrine disorders.

[Chuck75]

My advice would be to contact NVLSP

www.nvlsp.org

Without knowing a heck of a lot more about your claims --

You may be a member of the Nehmer class action. If so, certain heart related conditions are presumptive. It very well may take an IMO from a cardiologist to connect your heart related conditions to the VA's presumptive

heart conditions.

Since DMII is already service connected, it's quite likely that you have previously satisfied the presumptive requirements for A/O related conditions.

Usually the VA's language concerning from service to the present is a cut and paste phrase, and not necessarily germane, particularly with presumptive conditions.

The sad part of the whole thing is that DMII can smolder away for at least a decade before it is formally diagnosed. Heart conditions can be caused or become more severe during this time,

and, actually may be diagnosed prior to DMII. The blood glucose limits used by doctors to formally diagnose DMII are evidently higher than the levels that may cause or contribute to heart disease.

Another facet of your dealings with the VA is related to a change in the VA's stance concerning the relationship between DMII and heart disease.

Some time ago, in the same general timeframe that DMII was being considered for presumptive status, the VA changed (reworded and renumbered) a section in the M-21.

Previous language acknowledged the relationship, and post change language omitted it. The VA/DOD treatment guides (last time I looked) do admit to the relationship.

I believe the VA hopes that veteran's will make mistakes in appealing such claims, or not appeal at all, and thus loose the ability to successfully challenge denials.

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

Show Less

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]

Thanks for the response,

I do not have IHD, I went and had a C&P for that. My Afib is caused by my DMII.

I didn't find out until may, that the AFIB was caused by the DMII.

As far as the TBI, I was being medevaced for heat stroke, and got hit in the head by debris from the dustoff chopper.

I filed for all of my records over a year ago, and haven't received any, they sent me a letter and said the records were loaned out to the VA and they didn't have them.

I was medevaced twice out of Vietnam for Psychiatric reasons, and was on Thorazine. For several weeks , once to the 249th army hospital Camp Drake japan, and the second time stateside. I can't remember any people except my CO.

He was General Abrams Son , at the time Capt John Abrams, retired general Abrams.( I don't think he would remember any of my stuff)

I got my C&P exam for PTSD and the Psych changed my inservice diagnosis from Schiziphrenia and a lifelong personality disorder to PTSD from 1969.

I am a little hesitant to fill out the form for Unemployability, because my afib isn't service connected yet. I am on BP meds, Heart rythm meds, thyroid and blood thinners, and am very tired a lot!

Thanks

[john999]

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.