Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Federal Register Schedule For Rating Disabilities, Respiratory, Cardio Including Pulmonary Hypertension

Rate this question


Capt.

Question

https://www.federalregister.gov/articles/2002/08/22/02-21366/schedule-for-rating-disabilities-guidelines-for-application-of-evaluation-criteria-for-certain

Hello All,

Here is the Federal Register rules proposal from back in 2002 concerning the Cardiovascular , Pulmonary areas and I want to especially bring up the rule governing PULMONARY HYPERTENSION.

For the first provision, we propose to state when pulmonary function testing is not needed for disability evaluation purposes. The first instance would be when there is a maximum exercise capacity of record that is 20 ml/kg/min or less (which would result in a 60- or 100-percent evaluation). Although this test is not routinely done, and not all facilities have the necessary equipment to conduct the test, if available, it is a reliable and precise way to assess respiratory disability, so it may be used to evaluate when it is available and is reported at levels that would warrant a 60- or 100-percent evaluation. If not of record, however, evaluation will be based on alternative criteria. The second instance would be when pulmonary hypertension (documented by an echocardiogram or cardiac catheterization), cor pulmonale, or right ventricular hypertrophy has been diagnosed. Any of these would result in a 100-percent evaluation. The third instance would be when there is a history of one or more episodes of acute respiratory failure, and the fourth instance would be when there is a requirement for outpatient oxygen therapy, because either of these also establishes entitlement to a 100-percent evaluation.

So whenever a veteran has a service connected lung disease with a diagnosis of Pulmonary Hypertension, with Heart Cath or Echocardiogram, Core Pulmonale, Right Ventricular Hypertrophy as the ruling says ......it is 100%.

Many Veterans ,,,,including myself missed the PH diagnosis because , VA really will not want to talk about Pulmonary Hypertension and its limited treatment. It almost always will fall upon the Veteran or his Advocate or a good Friend .......Hooray Jbasser , to find it in the records . Do not expect the VA or Regional Office to list it in the claims process or to award it on their own.

As the saying goes... the Veteran is his or hers own best Advocate.

Lets see how many of our members have one of the diseases listed with a service connected award. It will be so neat to have someone find this in their record and to NOD or even reopen a claim because the VA never spotted it on their own.

Oh yes ,,,,,the pyramiding rule would certainly apply. For instance if you have COPD at say 30 percent and have Pulmonary Hypertension , you would have the 30 percent raised to the 100 percent and any other pulmonary issues would be capped at the 100 percent level.

NEVER GIVE UP. God Bless, C.C.

Edited by Capt.Contaminate
Link to comment
Share on other sites

Recommended Posts

Capt, I've had high blood pressure since a very young age. Since stationed with the Marines in Camp Lejuene N.C. in 1976 and was introduced to the contaminated waters there.Since then I retired in 2010 and I also claimed for Hypertension which has been noted in my health records for the longest. I am currently pending a deferred rating for it as we speak.I am having a bunch of exams on the 9th of this month by my private doctor. I have been provided medication for High blood pressure by the VA for the longest. I currently have several medical conditions that are service connected, but yet having to wait for the VA to rate 6 other issues. I hope this comment makes since, cause it's very early and I can't sleep due to anxiety and other stuff due to the lost of vision of my left eye.Hopefully I made a little since of it all.

Thank you for the information, I'm sure I will be using it when the time comes.

Happy New Years Capt.

Aggie

Link to comment
Share on other sites

Hello Aggie,

I would hope your claim on the Lejune contamination has been filed and sorry you are dealing with these health issues. The Pulmonary Hypertension normally will only be found by EchoCardiogram and or Heart Cath. To be rated for Pulmonary Hypertension a Veteran must have a service connected lung disease. This means that the diagnostic codes must be following noted with the conditions listed under the code.

I would like to say that the VA is not looking for this one to award the Veteran. Basically it comes down to an increase in the rateable condition of the lung disease that is governed by the M21 schedular. You cannot file a claim for Pulmonary Hypertension as it is rated in conjunction with the service connected disease. The Veteran really has to keep an eye on his records and to make sure the Heart Cath and the Echo cardiograms do list it.Even if the disease is listed , most of the time the VA will not award it unless the Veteran is careful to pursue it and stay on it.

There is a difference between Hypertension and Pulmonary Hypertension and the VA does not treat them as the same. One is dealing with Cardiovascular System and the other is dealing with Pulmonary System so careful study of the M21 schedulars and the 38 CFRs have to be followed to see where the Veteran fits and what treatments are available if any and what benefits could be awarded.

As always the Veteran has to keep his feet to the grindstone and move ahead and to NEVER GIVE UP. God Bless, C.C.

Link to comment
Share on other sites

Re: LeJeune------these sites might help and we have other info here on what I call the “Bad Water” vets .

This situation is Love Canal, AO, SHAD etc all over again........in my opinion. A National disgrace.

http://www.tftptf.com/

TDFTPTF- The Proud, the Few, the Forgotten

http://www.marinecorpstimes.com/news/2012/08/ap-president-obama-signs-bill-helping-camp-lejeune-water-victims-marine-corps-080612/

Info on the Bill Pres.Obama signed last year.

http://blogs.mcclatchydc.com/washington/2012/07/new-documents-released-in-lejeune-water-contamination-case.html

New documents released last summer

The google info for this site states:

“The VA office had reviewed about 42 claims and granted about 12 of them; 195 ...

I have not had time yet to read the entire site info to find more on that

http://www.watersurvivors.com/faqs.asp

Lots more info here at hadit and

Link to comment
Share on other sites

Capt C,

Thank you for your response, I have not yet filed a claim for the Camp Lejeune water, I am afraid that it might hold up my current claim, so I will wait until this claim is over and then file.I was notified by the Marine Corps in 2008. I am number 433 on their registry.I have also filed out the health survey that was sent to me several times.Filing out a claim on this is going to take a lot out of me, and sometimes I just don't have the energy or the will, but I do know it's important so I will get it done with some help from my friends.

Berta, thank you so much for the information that you have provided, I will surly go through it.

Thank you both, and Happy New Years.

Aggie

Link to comment
Share on other sites

Well Capt C,

I am currently going into my third year on a DRO. My last claim was restrictive lung disease I filed for SC for restrictive lung disease based on Sleep apnea diagnosed post service(have letter from sleep specialist that reviewed the records and pointed to the medical indicators that indicate sleep apnea started in service) and Kyphoscoliosis secondary to my SC Thoracic spine. I had no kyphosis of scoliosis noted on my induction pysical. After my inservice injury it is noted that I have scoliosis. Khyphosis is not noted until my requested and granted increase. In the award letter/decision they clearly describe the khyposis and scoliosis when describing my current SC injury. When they were adjudicating my Cardiomegally the tests and rater indicated (in the decision) that I have right ventricular hyperthrophy.

On the decision I am appealing they stated I did not have restrictive lung disease and couldn't have restrictive lung disease since i was never exposed to asbestos(WTF????). They didn't even consider the Sleep Apnea, and Ignored the kyphoscoliosis. I have been C&P'd for the DRO and they have requested two seperate medical opinions/clarifications on the C&P. They seem to be twisting and turning, trying to find someway not to recognize this.

Eventually they will have to issue the SOC. How they are going to worm their way out of the clear language saying I have khyposis and scoliosis that was used to describe my SC spine injury and the clear statements of both clinician and rater that state I have right ventricular hypertrophy will be interesting. I expect that I will have to go to the BVA, but I am confident that I will prevail.

Best regards,

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use