hypertension Va Re-Opened My Claim

[Pissed off Pirate]

Hello, everyone out there! I have question maybe someone could answer. In Dec 1994 I was transferred to Japan to a new ship. Four months later I was removed from the ship because they told me they think I had a stroke. Well I was diagnosed with Atherosclerotic Ischemic heart disease. I was placed on light duty on the base, and then 5 months later they sent back to the states. They ran all sorts of tests on me and even sent me to a shrink. My problem is that as I was on my way to a medical appointment at Balboa hospital I got rear-ended by a truck about 4 blocks away from the hospital. My car didn't get totalled but my right leg was on the brake and my hip got pushed out of alignment. I reported to the doctor at the hospital that I was getting bouts of Vertigo everyday. So that doctor diagnosed me with Meniere's disease and instead they discharged me for that. They just completely forgot the heart problem. Fortunately I did have that put in my record before I was discharged in 1997. My problem is that the VA denied the heart disease, oh and by the way I developed hypertension while in the service for which they denied also. Fast forward to February 2014, I had a stroke. Now I may not be a doctor but all of the research I have came across states a stroke can be caused by the hypertension and heart disease. I called the VA about 3 days after I got out of the hospital and told them I wanted to file a claim. The rep on the phone had originally told me I couldn't re-open a claim. But As you can see pasted below is what appeared on eBenefits. By the way I am currently at 80% because of a claim I filed in 2011. Can someone tell me if the VA may have made a CUE?

Contentions: athersclerotic ischemic heart disease (Reopen), kidney failure secondary to hypertension.

[Berta]

"Well I was diagnosed with Atherosclerotic Ischemic heart disease. "

Were you treated inservice for this and was it noted on your discharge certificate?

Have you had continuous treatment for the IHD since service?


" I reported to the doctor at the hospital that I was getting bouts of Vertigo everyday."

Meniere's is caused by problems in the endolymphatic sac of the ear, and also is diagnosed sometimes as labyrhinthitis.

The vertigo it causes however can be not Menieres at all but indicative of Transcient Ischemic Attacks ,mini strokes. (that cause enough brain damage to be evidence on a MRI of brain) that can be forrunners of major strokes.


"So that doctor diagnosed me with Meniere's disease and instead they discharged me for that. They just completely forgot the heart problem. Fortunately I did have that put in my record before I was discharged in 1997."

" My problem is that the Veterans Affairs denied the heart disease, oh and by the way I developed hypertension while in the service for which they denied also. Fast forward to February 2014, I had a stroke. Now I may not be a doctor but all of the research I have came across states a stroke can be caused by the hypertension and heart disease."

You need to have a copy of the 1994 decision to see if a CUE was committed.
It should reveal a diagnostic code and NSC rating percent for the IHD and the HBP as well as the CVA (stroke) they 'think"you had you had on board ship in the service.

You need to obtain all of your inservice medical and personnel records.
The request for all of those records can be filled out on line at NARA:
http://www.archives.gov/

You also need copies of all of your VA and any private medical records.The VAMC that treats can provide those records with a written request from you.

And if you have the 1994 decision , and if you can scan it (cover the C file number, name and address first) and then attach ot here we can determine, with their reasons and bases, Evidence list, and hopefully the rating sheet will be attached to it, if you in fact have a basis for a valid CUE claim.But more on that below....

. "By the way I am currently at 80% because of a claim I filed in 2011. Can someone tell me if the Veterans Affairs may have made a CUE?"

Can you give us the breakdown of the 80%?

Are you still employed?

Has any doctor documented the renal disease as due to the HBP?

" Fast forward to February 2014, I had a stroke. Now I may not be a doctor but all of the research I have came across states a stroke can be caused by the hypertension and heart disease. "

You might possibly have the basis for a Sec 1151 claim against the VA.There is no time deadline for filing 1151 claims

It is hard to determine that yet.

If you read my stuff in the 1151 /FTCA forum you will see what I mean.

Husband was so dizzy he could hardly walk...1988, multiple ER vists.

Worked for VA and lost time from the VA job.

Finally diagnosed with HBP. The dosage was way too low ( confirmed by VA Central.in 1997 ...I have a Section 1151 claim in progress for that)

In 1992 he was hospitalized at VA with Labyrhinthitis with additional possible diagnoses of Menieres, MS, and other diagnoses.

After three weeks ( he progressively got worse ...could not speak well,or see well or move, and his throat remained paralyzed so he could not eat or drink. ) I had to get very tough with the VA to give him a CT scan.

Diagnosis Major Stroke. (DIC awarded under 1151 in 1998 )

I proved he had IHD, that VA did not diagnose or treat and along with the poorly treated HBP, and the IHD, and also I proved he also had undiagnosed and uintreated DMII, which also can cause stroke and IHD.

Death by VA. Award 1998. DIC due to malpracticed IHD and Stroke.

Death due to malpracticed diabetes from AO Vietnam 2010.

Death due to malpractice IHD,AO Vietnam 2012.

I certainly hope this is not the case for you here...because the VA does save plenty of lives every single day.

Something sure seems wrong here with the inservice Menieres diagnosis.

Do you get VA comp for the Meneries?

I have told the above story here many times over the past 16 years....it is expanded on in both the CUE and 1151 forums here.

Sorry for repeating it again to those who read it before.....

We MUST be proacrtive about our medical care and if something doesnt seem right...then it is possible something IS wrong.

Medical errors can have a snowball effect.....

The wrong diagnosis can cause being p[rescribed the wrong meds, that also could compromise

future health.

My CUE arose from a 1998 decision on the rating for the 1151 stroke my husband had.And another CUE on the lack of diagnosis and rating for his significant malpracticed heart disease, awarded in 2012.And the SMC CUE.

Something does seems wrong here.

If we see the older denial, we can help more.

There is no deadline on filing CUE claims.

If your current claim succeeds,that would support a valid basis for CUE on the older decision.


"athersclerotic ischemic heart disease (Reopen), kidney failure secondary to hypertension."


Did you also claim the HBP again as well as the stroke?


There is considerable info here on CUE. In the CUE forum,.and on 1151, in the FTCA/1151 forum here.

Orthers will chime in as well.....

( I assume you get current treatment for the IHD, HBP and renal disease from the VA...please advise if I got that wrong.)

CUE involves what I call the Watergate question:

'what did they know and when did they know it'

CUE rests on already established and documented medical evidence that VA had, yet they made a decision on ,due to committing a legal error, in adjudicating the evidence they had.

Do you have a vet rep?

.

Edited March 18, 2014 by Berta

[TiredCoastie]

Sounds like you've had some pretty serious medical stuff going on. They used to say "one hand for you, one hand for the ship." Looks right now like you probably need both hands for you to get this stuff under control.

Berta beat me to the first response, and her suggestion to post the '97-'98 decision is outstanding. It all really comes down to what you claimed back then. If you didn't claim heart disease and hypertension, then it's going to be pretty difficult. However, if you did, then there are experts smarter than me here who can help with a potential CUE.

Of note, it's going to be pretty hard to get kidney failure secondary to a condition you're not yet SC for.

[jbasser]

We need to see some info but sounds like a very strong cue.

What ship were you on in Japan?

J

[Pissed off Pirate]

I haven't got my copy of the C-file. I am going to request it today.

SERVICE CONNECTED % - 80

BACK STRAIN 10% SC

LABYRINTHITIS 10% SC

LIMITED FLEXION OF KNEE 10% SC

LIMITED MOTION OF WRIST 10% SC

KNEE CONDITION 20% SC

IMMOBILITY OF ELBOW 0% SC

MIGRAINE HEADACHES 30% SC

IRITABLE COLON 0% SC

DEGENERATIVE ARTHRITIS OF THE SPINE 10% SC

TINRNITUS 10% SC

[Pissed off Pirate]

I was given Baby Asperin, and taken off the ship. I was on the USS Fife. Since I was also in the first Gulf war and suffered side effects from those anti-gas attack pills. I was very sceptical about medication received from any source. I finally talked into taking Hydrachlorathiazide pills by my first VA doctor in San Diego. Now , I really have a reason to be cautious of any meds. The doc at the hospital I was just released from told me she thinks I had kidney failure from those pills. Naturally I included that in my calim as a secondary due to the meds. The VA changed my diagnosis to Labyrhinthitis instead of Meniere's . I just saw that tonight on the Myhealthvet files. Ihave been off work sine Feb 8th,2014. I will report back to work maybe next week. Last year in July I had to go to the VA hospital for HBP my bp was like 180/100, I don't know why they didn't see it in my service record. I went to Balboa at least ten times before I got discharged, each time I went my bp was 150 something over 90. And by the way I drove down and personally handed my records to them on my claim I have an appeal for. A few months later i got a call fro a VA rep telling me they lost it and did I still want her to continue my claim, of course said yes. About two months later I got my 80% rate, but they didn't complete my claim. They left out somethings I was filing for. Plus about a week after I got my 80% rating letter, they sent my records back to me telling me they didn't have anyone to read them. Really mad about that cuz me and my wife sat in that RO for about two hours waiting to hand those to someone.