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mrs rockman (widow of vet)

Is A Nod Warranted With These Reasons On My Dic Claim?

Question

On 02/22/10 Rockman originally filed for :

IHD

Hypertension

Chronic Lung Disease

When we were in Memphis on 05/19/10, we stoppped by the Tn VSO at the VA and talked to the guy. He then sent a fax and a letter stating that David's condition was terminal and he had a very short life span.

So now for the 05/19/10 date, it shows we filed:

Pulmonary Fibrosis (new)

This was what we thought was included in the original filing with the DAV on 02/22/10, so this changed the EED.

Now to 09/29/11- we filed for an increase (David left his job on 08/05/11), so he was not working. They listed:

IHD (increase)

PTSD ( increase)

Hypertension ( now claimed as pulmonary hypertension) secondary to IHD) ( reopen)

Individual unemployability (new)

I cannot get the file to attach- so I will have to type what it says. darn..

REASONS FOR DECISION

1. SERVICE CONNECTION FOR THE CAUSE OF DEATH.

"The death certiificate documents that the veteran passed away September 2, 2012. The cause of death is shown as cardiac arrest due to systolic heart failure due to pulmonary hypertension due to pulmonary fibrosis.During the veteran's lifetime, service connection was properly established for multiple conditions including coronary artery disease evaluated at 100 percent disabling. When a service connected condition affects a vital organ and is evaluated at 100 percent, debilitation may be assumed. Based on the evidence, there is a contributing relationship between the listed cause of death and the veteran's service connected coronary artery disease."

They have previously denied :

Hypertension

then the Pulmonary Hypertension

Pulmonary Fibrosis

Would any of this tie the conditions that they denied to maybe be considered as secondary to IHD?

I did not know if I shoulld file a NOD or is it just no point to it? If I do, I have to have in Nashville by 03/01/13.

Any help would be greatfully appreciated.

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It sounds like you still have some unanswered questions. ~JMHO ~ ...if I had
a NOD deadline date of 03/01/13, I would file the "Notice of Disagreement"
ASAP. & and sort it out later,

My deepest sympathies for your loss and my relief to hear of your recent
approval for DIC,


C.B.

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Pulmonary Fibrosis is Interstitial Lung Disease.

You had filed a claim for the Pulmonary Fibrosis. The Pulmonary Hypertension is a result of that Pulmonary Fibrosis and is not an issue to be claimed separately as it is to be intertwined with the claimed condition according to the rating schedule. It is to be rated at 100 percent regardless of pulmonary rating from Schedule if condition exist. On the other hand: The heart disease took care of the connection so you don't need to worry about it.

You did a great Job Celia.

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Pulmonary Fibrosis is Interstitial Lung Disease.

You had filed a claim for the Pulmonary Fibrosis. The Pulmonary Hypertension is a result of that Pulmonary Fibrosis and is not an issue to be claimed separately as it is to be intertwined with the claimed condition according to the rating schedule. It is to be rated at 100 percent regardless of pulmonary rating from Schedule if condition exist. On the other hand: The heart disease took care of the connection so you don't need to worry about it.

You did a great Job Celia.

So basically you are saying that the pulmonary fibrosis made the PH worse that made the IHD worse. In other words, it all began with the lungs,( not Scd), even though his heart attack was in 2003 before the PF. I know that since they listed everything on the death certificate-1) cardiac arrest 2) systolic heart failure 3) PH & 4) PF in that order, I was awarded my DIC. The Lord did watch over me. I would rather give all that money back to have David back, but I cannot.

Our former non-va cardioloogist said that the heart made the pulmonary fibrosis worse and the pulmonary fibrosis made the heart worse. They go hand in hand, but getting that in writing on our progress notes was not possible.

Va kept asking David what he was exposed to, but said AO doesn't cause any lung problems.. They had asked about asbestos and he said no exposure. Then a little down the road, David remembered being exposed to the asbestos, but at that point he could not handle any more claims. He told me what base he was exposed at, but I cannot remember. If he had remembered earlier, then we would have asked them to include them in his notes ( that is if they really would) and filed a claim.

So now, I guess this part is okay to close and to say thank!

You know Hadit is kinda like therapy- I just love this site and I would not be where I am today without the good folks here! I am so thankful that David did get his 100% P&T and was around long enough to appreciate it!

Sorry this is so long!

God Bless

Celia

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Sort of. David had a weakened heart because of the IHD, and the heart attack. The Lung disease made it worse because the blood vessels in a diseased lung become restricted by swelling and other things as lung disease progresses. The right side of the heart supplies the lung with blood so it has to pump it through these smaller restricted vessels and it causes the heart to work harder. Over time the pulse rises and the systolic function of the heart fails because of the high pressure of these smaller vessels. That is Pulmonary hypertension and I am afraid to say that if one has it there is no good outcome. I should know for It effects me every day.

Hang in there Celia. Bless you.

John

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It sounds like you might have reason to file for at least the earlier EDD. On the other hand, the VA may try to say that the claims died with the veteran.

I don't think there would be anything to loose by filing an NOD for an earlier EDD, and see what happens.

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