hypertension Hypertension And Heart Disease

[vern2]

Saw on another Vet forum that a member wrote that heart disease is automatically assumed as a secondary condition if you are service connected for high blood pressure. Tthen another member wrrote that not just any heart diseasee, it was limited to myocardial damage and coronary occlusion. "Essentially we are talking about coronary artery disease. If you have this heart disease the connection to service connected hypertension has already been made for you by the Secretary. This is spelled out in their operating manual, M21-1MR. Any other type of heart disease, except for hypertensive heart disease of course, will require a medical opinion from your doctor"

I was service connected for hypertension, and filed a claim for atrial fibriallation, carotid artery disease (coronary artery diesease- CAD), and hypertensive heart disease. They were denied as not service connected, even though I had extensive heart tests 5 months after came off AD to confirm had enlarged heart, and CAD. I am on appeal and have filed new claim for cardiomapathy, cardiomegaly and re-filed the CAD again.

Has anyone ever hear of automatic connection for heart disease if you have SC hypertension? The actual M21-1MR was part III, Subpart iv, Chapter 4, Section E. Sounds like a CUE has been made in my claim, but not sure?? Or could have been judgement call on the part of the C & P examiner??

Vern2

[Berta]

"now the VA is stating that I have hypertensive heart disease, secondary to hypertension."

If that is documented in your medical records, or bya private cardio doctor, have you submitted that information to the VA?

This concerns me: from a post you made in August 2014:
"I am still waiting on DRO review. I am coming up on 1 year in September 22, 2014. I have sent three separate NOD letters, I refuse to use the form 9. I have recieved one form letter and thre IRIS emails on the delay. The IRIS emails do not even acknowledge my NOD, but mention the one year time limit?"

Do you have any proof that VA received the NOD?

Have you had a DRO review yet?

Do you know the exact status of this claim?

[vern2]

Yes, I have had 2 phone calls from a Kelvin, at VARO, who stated he is part of VRO review team. The VA has acknowledged my NOD.

[vern2]

Berta, still waiting on DRo Review since NOD of 7 October 2013 sent via certified mail as usual. Finally sent Ms.Hickey an email and there was some movement, had email from ms. Kitty (VARO St. Pete Director) telling me more C & P exams and more opinions. It has been almost 60 days since that email. I will give another 30 days and then more emails to Washington. I was patient for over 18 months, but this claim has been in process since 2003, denied 2005, then DRO Review in 2007, awarded 30% analogous rating for aggravated hypertension. Condition worsened dramatically in 2012-2013 and filed new claim in 2012, denied in 2013 and currently waiting on DRO Review. Filed a CUE in April on VA failure to consider all evidence in their possession in denying my claim in 2013. The hammer is that the VA ignored all evidence I submitted via eBenefits in 2013, in excess of 400 pages. I have tacit admission that mistakes were made as Kelvin ( senior DRO team member at St. Pete VARO) put it. I have a strong case for CUE claim. Of course as per usual VA has not responded to my CUE. Prior post from me stated that VA had acknowledged the CUE, well it was in phone conversation, nothing in writing. Wait just a little longer and will bump it up to Washington.

[Buck52]

Would left mains disease be considered ? or does it fall in line with CAD?

.....................Buck

[Berta]

"Filed a CUE in April on VA failure to consider all evidence in their possession in denying my claim in 2013. "

Good , that is a iolation opf 38 CFR. 4.6.

"The hammer is that the VA ignored all evidence I submitted via eBenefits in 2013, in excess of 400 pages."

Yow can ebenefits accept a large download like that?

"I have tacit admission that mistakes were made as Kelvin ( senior DRO team member at St. Pete VARO) put it. I have a strong case for CUE claim. Of course as per usual VA has not responded to my CUE. Prior post from me stated that VA had acknowledged the CUE, well it was in phone conversation, nothing in writing. Wait just a little longer and will bump it up to Washington."

They only acknowledged my pending CUE filed in Fall 2012, when I contacted Ms. Hickey.

I wish I could use tape recorder on phone because their phone calls were just BS.

Here in NY you must tell the party they are being taped.

I won the CUE claim but they dont want to pay me.Fighting that.

My pending CUE was very brief, one sentence of a prior decison contained the CUE , the violation was under 38 CFR 4.6, and I submitted 13 pieces of evidence (in VA's possession at time of alleged CUE) which so far, even verified by phone call from VA, they had, but still have failed to address.

I never accept or believe what VA 'says'. I did accept the director's apology for two errors they made so far that they fixed.

One of them was a denial of proper application of the Benefit of Doubt regs. We cant file CUE on BOD errors because they fall under duty to assist but I found a way to CUE them on that anyhow and they fixed that fast.

I have had CUE awards that took mere weeks and one took 8 years, one took 9 years.

My current CUE they (Peggy) told me about 1 1/2 years ago was with a 'specialist'.They didnt allow widows on ebenefits at that time.

Specialist my ass.......The first time they acknowledged and read it it at all was only a few weeks ago....and only because I griped to the Under Secretary.

[vern2]

Berta, no I did not send all 400+ pages at one time, sent 43 separate uploads from April 2013 through 12 Sept 2013. The VA rater chose to ignore what was in my VBMS, even though I sent certified mail in July 2013 telling them of the VBMS uploads. This was well before the denial of 22 September 2013. They clearly made an error in not considering all the "material evidence". Had an email from Ms. Witty on 22 April 2015 stating that they were looking into it. Nothing since then.

BTW: I have copies of my VA activity as well as what was uploaded each of the 43 separate times. I had to scan and convert to JPEG file and then save in separate folder, so I know what was uploaded on each instance. I have learned always keep meticulous records of any dealings with VA.Wish I could record phone conversations, but against the law in Florida! I have literally spent hundreds of dollars on certified mails to VA. kept all green cards and stamped receipts. Sometimes do not get green card back, but go to USPS web site and download the receipt. Noticed that Newnan, GA intake center just has someone stamp the green card, no date, no time. Going to USPS today to complain about not getting what I paid for. Still feel like on the hamster wheel.