Jump to content
  • Searches Community Forums, Blog and more

  • 0
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.

Share this post


Link to post
Share on other sites

Recommended Posts

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.

Share this post


Link to post
Share on other sites

Ad

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.

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
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

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 27 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 27 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines