Do I Have A Claim

[440Tina]

I am a honorably discharded veteran of the US Navy. I served from October 1988 to March 1991. I dont know where to start with this process. I am seeking your advise regarding the process in filing a disability claim through the Veterans Affairs.

A quick synopses of my issue- in 2000 I had a stroke that affected the right side of my brain. Because of the stroke, I have lost my left field of vision, my word association and problems remembering things. I was only 32 when this happened. I had extensive testing trying to find out the reason why a seamingly healthy 32yo suffered a stroke. I had an echo cardiogram with bubble study that revealed I had a hole in my heart. The cardiologist and neurologist feel that because of the hole, a blood clot was able to travel through it and to my brain, therefore, causing my stroke. I had open heart surgery in 2001 to repair the Atrial Septal Defect.

Ok, now on to the military- when I was active duty I had a couple instenses where I went to the base ER complaining of dizziness, visual disturbances, headaches, fainting, heart palpitations. I was always sent home with the only diagnosis of being stressed out, and that I was "to young" to have any problems. I was 22 when I was pregnant with my son, I was in my 7th month and I had fainted and was rushed to the base ER again. There while being treated, I had a seizure. I later had to wear a heart halter and that was the end of that. I was told being pregnant was a strain on my heart. I was 22 years old, why would you have me wear a heart halter and then have no other testing. The thorasic surgeon at Bethesda Naval Hospital said all they had to do was one test and they would of found the hole in my heart. I could of avoided a stroke, the loss of my vision, memory and having to have open heart surgery at 33.

I still have no left field of vision. I still suffer from memory loss, I find it difficult to say "pen" when I know its a pen!

Id like to know where I start, who I can sit down and talk to in more detail. Where do I start?

one guy said this had to of happened a year after I got out to make a claim. He also said I had to have a cardiologist pretty much say it was the militarys fault in order for me to even start the processe. HELP!!!!!

[63SIERRA]

Its likely that you had the hole in your heart when you joined. But he navy took you as you were on an assumption of being completely whole and sound. The consideration that your ailment was aggravated because of your millitary service would seem plausible. It wont be easy though, the VA will say you had a congenital defect, and had nothing to do with your service, they will then downplay and deny any sick call appointments, complaint during active duty, ect, in order to deny. In my opinion, I would file a claim, and then go get an independant medical opinion, to try and connect the stress of service, with aggravating your condition. Sometimes when a real medical doctor starts looking thru your medical records many things start to become evident and thats what it takes to win claims, evidence. your word is not worth the spit used to speak to the VA.

Edited April 19, 2014 by 63SIERRA

[Berta]

"
Id like to know where I start, who I can sit down and talk to in more detail. Where do I start?"

You could find a vet rep to help with the claim. However you can file the claim yourself by accessing the VA main web site and filling out the 21-526 form.

Here it is . http://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdf

"one guy said this had to of happened a year after I got out to make a claim."

He is wrong. Your condition is one on the Chronic presumptive list here: ( he had those regulations confused)

§3.309 Disease subject to presumptive service connection.

"(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied."
The list is belowin the ecfr link)
" He also said I had to have a cardiologist pretty much say it was the militarys fault in order for me to even start the process."

Not true. The Military never accepts fault or responsibility for their medical mistakes. (Feres Doctrine)

But if your SMRs reveal significant documented problems that indicate heart disease , then he would be correct to suggest you might need an IMO/IME for the VA to service connect your stroke and heart disease (and vision problems) and state that they manifested themselves within service and possibly within the year following service if you had private medical treatment for them at that time.

Chronic Presumptives regs:
http://www.ecfr.gov/cgi-bin/text-idx?type=simple;c=ecfr;cc=ecfr;rgn=div8;idno=38;q1=3.309;sid=8810eabd3a17b04d69a91436c1460478;view=text;node=38%3A1.0.1.1.4.1.66.117

I suggest that you try to find a vet rep,and definitely file the claim .

and go to http://www.archives.gov/,click on the Veterans Service Records link, fill out the SF 180 and ask for all medical and all personnel records, copy the SF 180 , submit it,on line, then print off the bar coded thing, sign it ,copy it and then mail it to where the form says to.

"The thorasic surgeon at Bethesda Naval Hospital said all they had to do was one test and they would of found the hole in my heart. I could of avoided a stroke, the loss of my vision, memory and having to have open heart surgery at 33"

Do you have those Bethesda records? If that is documented in those records and if the surgeon meant the Military by saying 'they', if of that surgeon could be contacted for an IMO, ( or any real cardiologist), and they follow the IMO/IME criteria here at hadit, it might be costly but you could recover the cost with some compensation checks
that you may not get without the IMO/IME.

Do you get SSDI and is it solely for this condition?

You might well have enough documentation in your SMRs due to the ER trips, Holter moniter, etc, that would garner service connection.But the fact is the VA can be very arbitrary on these issues.

Can you prove via medical evidence that since leaving the military you have required consistent medical care for the heart condition?

Do you have copies of all of your private med recs?

The VA will need to obtain them too.

Thank you for your service!

It is unconscionable that the Military can be negligent ,even to the point of malpractice, but cannot be sued for it.

I almost forgot to ask...are any of these problems on your discharge certificate? If you don't have that anymore, they should include it with your SMR request from NARA.

Edited April 19, 2014 by Berta

[63SIERRA]

""Ok, now on to the military- when I was active duty I had a couple instenses where I went to the base ER complaining of dizziness, visual disturbances, headaches, fainting, heart palpitations. I was always sent home with the only diagnosis of being stressed out, and that I was "to young" to have any pro

blems"""

You see, they make assumptions based on a completely health sound individual. the truth is, the millitary doesnt want to dig really deep when they are screening you for millitary service., they have a baseline, and if you meet it your in, . there arent many perfect people in this world.

[63SIERRA]

yes try to find a sf93 and an sf 95 in your med recs.

[63SIERRA]

I think you have a good shot, heart conditions can be squirrelly. I myself have an odd condition where my heart will skip several beats and then get back in sync. several times doctors went apeshit while listening to my heart, had me wear the halter monitor ect, and never really figured anything out.

The things you describe were happening are not normal, was not stress, they just missed the problem.

Edited April 19, 2014 by 63SIERRA

[71M10]

The question hinges on did your military service worsen an existing disability? So from April 1991 up to the stroke in 2000 what objective verifiable continuing problems did you have with your heart? Has any medical professional indicated that your service made the hole in your heart worse?

All pregnancies are a strain on a womens heart! Running PT is a strain on a persons heart. Do they indicate in your service medical records you had Abnormal Strain?

We put Holter monitors on people every day and never subject them to another test, you would only do follow up testing if the Holter monitor showed an abnormality. Check your SMR's what did the report on the Holter testing state?

My sister had a stroke at 32, no heart issue simply a side effect of birth control, two jobs and a graduate program.

You will probably only be able to qualify for service connection on the actual increase/worsening of your presumably undetected congenital heart deformity during service. Since the stroke happened 9 years later unless you have a trail of medical records indicating a continuing problem that was clearly excaburated during your service this will be difficult. If you are or were a smoker or used birth control or received estrogen therapy for anything be prepared for the VA to focus as these issues being the percipitating event for the clot.

Best regards,