Denial/evidence List

[ArmyDaughter]

So I attached the denial and evidence list, I apologize for the dark copy. I tried to lighten as much as I could without losing all ability to read it!

Thanks for any help in advance!!

Leah

120328105751_0001.pdf

[SP4RVN1971]

This is Bull S***, VA trying to cheat their way out of this. A Question, was any doctors the seen for DMII before these dates in 1997, or any Heart doctors any doctor !

It seen that you would have Ischemic Heart disease in a stage before you would have Congestive heart disease.

My first records that were send to VA from my Heart doctor said IHD, But this last test it made no refence to IHD, but the conditions is worst.

So if I filed now, Iwould not get anything????

Something wrong. Keep trying!! God Bless!!!

[ArmyDaughter]

I don't think he seen anyone for the DM, to be quite honest I have found alot of things that I didn't even know he had! The crazy thing is, I'm going through all his medical records and one visit will say "CHF, HTN, Sleep Apnea, Stroke" Then you go a few months down the road and there's no mention of one or more of them and then they add new ones in and then on the next visit you have another group of diagnosis!! It's confusing, and contradictory! Think it's their way of making you confused so you just give up! Or could just be a lack of competence.....lol

I know he went to a heart doctor back in the 90's and was diagnosed with CHF I believe (still going through records and trying to sort which doctor said what), but even by VA accounts and documents CHF is caused by IHD?!

Another thing, they told me this Nehmer thing was initiated by a former claim for IHD made by my dad....but then in the denial letter when it references denial for sc death it says "During the lifetime of the Veteran, he did not submit a claim for benefits based on ischemic heart disease"......seriously?!?

And one other question......dad wasn't service connected for anything which I found out when I received all this medical paperwork. But he shows as one of his rating decisions

"Ischemic Heart Disease (Previously rated as Congestive Heart Failure) [Agent Orang-Vietnam/Ischemic Heart Disease]

Not Service Connected, Not established by Presumption

Static Disability"

What is a static disability?? He has a couple different things listed as that.

Thanks!

Leah

[hueyman]

It means very little or no change.

[SP4RVN1971]

I don't think he seen anyone for the DM, to be quite honest I have found alot of things that I didn't even know he had! The crazy thing is, I'm going through all his medical records and one visit will say "CHF, HTN, Sleep Apnea, Stroke" Then you go a few months down the road and there's no mention of one or more of them and then they add new ones in and then on the next visit you have another group of diagnosis!! It's confusing, and contradictory! Think it's their way of making you confused so you just give up! Or could just be a lack of competence.....lol

I know he went to a heart doctor back in the 90's and was diagnosed with CHF I believe (still going through records and trying to sort which doctor said what), but even by VA accounts and documents CHF is caused by IHD?!

Another thing, they told me this Nehmer thing was initiated by a former claim for IHD made by my dad....but then in the denial letter when it references denial for sc death it says "During the lifetime of the Veteran, he did not submit a claim for benefits based on ischemic heart disease"......seriously?!?

And one other question......dad wasn't service connected for anything which I found out when I received all this medical paperwork. But he shows as one of his rating decisions

"Ischemic Heart Disease (Previously rated as Congestive Heart Failure) [Agent Orang-Vietnam/Ischemic Heart Disease]

Not Service Connected, Not established by Presumption

Static Disability"

What is a static disability?? He has a couple different things listed as that.

Thanks!

Leah

It look they still looking at the wrong material. You need to refile and point to the statement made by them about IHD>

It like my Prostate cancer moves into my Lung and die from Lung cancer and thats not one the Agent orange conditions, But it cause the lung cancer and VA does not think its covered, I don't think so, It was connect!

So the CHF has some connection to IHD , And if they said it. It sound like a no brainer.

You might have to send their on record's back to them and underline the part they can see!

So dont give up!

Edited March 29, 2012 by SP4RVN1971

[Berta]

Do you have copies of the letters VA used dated 1997 rom Drs, Shakir and Strickland?

Are they both still in practice?

Do you have their private treament records?

The death certificate does not show IHD as contributing to death and that right there is a problem.

Was an autopsy done? If so,do you have a copy of it?

WAs a Doppler heart ECHO ever done? The results of a ECHO could potentially definitively rule in or out IHD.

I regret how much work this is for you.

I had to read my husband's VA med recs dozens of times. They were all handwritten and some were difficult to even read.

But the 2 doctor's whose letters VA relied upon heavily- if I were you I would try to contact them and get any med recs available they might still have.

If they know the problem you are havng ,one of them might be wiling to eveh prepare an IMO,if they agree that IHD was present and maybe the CHF was secondary to it.

IMOs can be costly. But some doctors charge little or even no fee if they treated the vet personally.

I feel this claim will take a strong IMO,if there is documented medical evidence of IHD, because the IHD is not listed on the death certificate. Cardiac arrythmia can have many causes.

If an autopsy was done, that too would surely reveal more info on his heart disease.