Claim Nightmare Going On Since 2007

[Tunaboat]

What a nightmare of a time I have had getting to the final disposition of my claim which started in 2007. It seems it is better to provide more info than less so this maybe a rather long post, I'll be brief when I can. My typing and sentence construction is difficult at times as I had a TIA in May of 2012.

In August 2012 I found out by accident that I could be “advanced on the docket” if certain conditions were met. My condition appeared to merit advancement as it was awarded. However, since being advanced on the docket, I have received notice that more medical information was necessary and the VA is still not able to make a determination in my case.

I was medically retired from the US Navy and granted 30% service connection for Coronary Artery Disease after a heart attack while onboard the USS New Jersey in 1989. In 2007 I made a request for increase in service connection as my medical condition was deteriorating due to ongoing and increased medical conditions related to my service connected condition. That increase was denied and it has been on appeal since that time. I did receive a 30% service connection for depression with anxiety secondary to heart attack, I was then given the combined rating of 50% SC.

I have used the VA as my provider of choice for many years, I came to the VA emergency department on the morning of January 8, 2012 as I was experiencing chest pain. While in the ER on that Sunday morning I had a massive heart attack and was admitted to the Birmingham VAMC. The next day during a heart catheterization it was determined that my coronary arteries were 95% blocked and triple bypass surgery was necessary. Bypass surgery was completed January 11, 2012 at the Birmingham VAMC.

I have been told to be patient and “wait your turn” as there are a number of claims ahead of you and “you can’t rush the VA when it is something this important.” While I appreciate the quality, care and attention I have received during this medical odyssey, I am very frustrated with the compensation & pension and appeals process and the ongoing wait for a decision regarding an increase in service connection of Coronary Artery Disease. My medical information lies within my VA chart as the heart attack and surgery happened at my local VAMC, the information necessary certainly must be on file or should have been collected by now, I have signed the necessary releases and continue to wait for an answer.

In April of 2012 I had a Trans-Ischemic Attack, (TIA) and I now have a stutter, problems with balance, difficulty with word finding, and my short-term memory continues to be a big problem in my day to day life. I have also put in a claim for this condition and have been initially denied SC as a secondary condition, I have appealed and am waiting to hear a determination on it as well. The increased stress exacerbates my ongoing depression, and increases problems with organization, word finding, and stuttering and makes it more difficult to continue in my job at the VA.

Due to my service connected condition and related health problems I can no longer work as a mental health therapist and social worker assisting veterans, work I have loved and found extremely satisfying for many years. Following the heart attack I did receive 3 months of 100% temp. SC during convalescence. A small amount of support considering I have missed the equivalent of nearly $30,000 since the beginning of 2012.

I am currently SC for Arteriosclerotic Heart Disease 30% (first SC and reason for military retirement in 1989) Major Depressive Disorder 30%, superficial scaring 20%, Tinnitus 10%, 3rd degree burns 10% & 3rd degree burns 0%. Still working, need to be medically retired and waiting for SC. So much info, I am considering hiring an attorney. What do you suggest???

To the HADIT family, in advance, thank you for your suggestions and assistance.

Dean A. Daniels, USN (retired)

[Berta]

“I did look into CSRS and CRDP long ago. I refreshed my memory and came up with this: you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.

I am not a 20 year veteran.”

“I was medically retired from the US Navy “

I thought you might have fallen under TERA:

“1993-2001 Temporary Early Retirement Authority

Temporary Early Retirement Authority (TERA) authorized members with over 15, but less than 20 years of total active duty service to apply for early retirement. The opportunity to retire under this TERA program ended in September 2002.”

But all this above has changed:

“The National Defense Authorization Act signed in 2011 reauthorized the branches to offer the Temporary Early Retirement Authority program to select members who meet certain criteria. (This law is currently set to be on the books until 2018). The time in service requirement, which is more than 15 years and less than 20 years, is set by law. The other criteria are set by each branch so they can determine how best to shape the quality of their force. Generally, this program is only available to servicemembers who are in overmanned career fields. You will need to check with your respective service to determine if you are eligible for early retirement under TERA. “

http://themilitarywallet.com/early-military-retirement-tera/

Does anyone here at hadit know if this would cover any retiree between September 2002 and

2011?

You asked:

“ yes, and it is controlled with continuous medication, my understanding that although it is controlled, it should and can be service connected, am I correct?”

Yes but even though HBP falls under the Cardiovascular part of the VA rating schedule, it often takes a real doctor to say it is 'as likely as not;' due to the veteran's heart disease or cerebrovascular disease.

Dr. Bash can handle that as a secondary issue with a full medical rationale ,if you claim it as secondary ,and if you need to obtain an IMO from him.

Diseases of the Arteries and Veins

7101 Hypertensive vascular disease (hypertension and isolated systolic hypertension):

Diastolic pressure predominantly 130 or more

60

Diastolic pressure predominantly 120 or more

40

Diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more

20

Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control

10

Note (1): Hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm. or greater with a diastolic blood pressure of less than 90mm.

Note (2): Evaluate hypertension due to aortic insufficiency or hyperthyroidism, which is usually the isolated systolic type, as part of the condition causing it rather than by a separate evaluation.

Note (3): Evaluate hypertension separately from hypertensive heart disease and other types of heart disease.

[Tunaboat]

WOW, Thanks for the info Berta (and all) I feel lost so much of the time with the VA.

[Tunaboat]

About a week ago I called my congressman for a CI and have heard this morning my claim is being moved from its current location and "because of the age of the file we are concerned too." Was the supposed response from the RO. We shall see what happens next. Please pray for me, keep your fingers crossed, llight a candle etc... Whatever floats your boat!

I appreciate all the assistance from all during this ordeal.

Tuna