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Heart Attacks, Heart Disease//non Vietnam

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nobodyspecial73

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Hello

i have a general question. In 1998 i was transferring from a unit to independent duty as staff for active duty reserve staff. I had been treated for ppd and was given the antibiotic and otherwise was given the clean bill of health to transfer under those duty station strict criteria. I was also given a blood test as normal but at 25 they didn't tell me about my high triglycerides and excessively high cholesterol. 2 years later i was still not counseled ad was told my blood test were normal. I was never one to be very sick at any given point in time till sept 2009. i have gerd as well but i filed for sc and was given that at 10% sc in 2014. i was told by vso who is well respected here but he would not help with my sc to my heart attacks. i requested my medical records from Va/military. i had asked him originally to file for heart disease but he said the blood test will not be sufficient evidence. Went i got my records it show my blood test resulty but my ldl and hdl were never followed up on. in sept 2009 i was at moms and was talking and all the sudden chronic pain hit and i thought was my gerd and heartburn. i went home at 3 am i went to the va as it had woken me out of sound sleep and when i got there they strapped me all up and ekg was negative. 6 hours later tropnin or however i spell it showed up as having a heart attack. (i am very grateful at 37 didn't pat me on the head with tums and send me home she was a h a very caring doctor. i should have died as my arteries was completely blocked , part of my heart was already disease from prior misdiagnosed heart attack and the remaining arteries were clogged or a fraction below there ridiculous rules for stenting. to make a long story short i went against my vso and filed a 2nd claim for my heart disease .i have had 3 hearttacks and 5 stents in heart.. most days i am ok to get around others i am fatigued, depressed, and down right tired the rest. i recently just put in the claim.

as i am dealing with a lot of stress with my family my younger brother in april committed suicide and my step dad who out of the blue has developed lung cancer and if he makes it past july i will be lucky. i am not agent orange and i don't see much success with the heart disease outside of that on any forums anywhere. Can anybody tell me is this going to be a fruitless claim. i need to know if the stress is going to be much or should i just plain on quit taking the meds and let nature take its course. My real dad was agent orange and got his disablity ok but with his heart was given it due to agent orange. i am not in the same boat and i was just a peacetime admin clerk on my tour in the usmc. Can somebody shed some light on this subject of cornary heart disease is very limited and not much documentation unless you are Vietnam veteran. i am hoping somebody can shed some light in how this claim will turn out. sorry for your time

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"i should have died as my arteries was completely blocked , part of my heart was already disease from prior misdiagnosed heart attack and the remaining arteries were clogged or a fraction below there ridiculous rules for stenting. "

"I was also given a blood test as normal but at 25 they didn't tell me about my high triglycerides and excessively high cholesterol. "

When did you first start getting treatment from the VA?

What evidence do you have that you were previously misdiagnosed with heart disease?

Did that misdiagnosis come after the VA began to treat you?

Do your VA medical records reveal high triglycerides and high cholestrol as well an any other abnormal EKG or ECHO findings?

If so how long did it take VA to properly diagnose and treat you?

"high triglycerides ". abnormal EKGs and an abnormal ECHO were part of my evidence for a FTCA claim.

All of my evidence came from my husband's VA medical Records, death certificate and autopsy.


The VA medical records revealed undiagnosed and untreated heart disease over a 6 year period, causing my husband's death.I filed FTCA against them and won a settlement (wrongful death)

They awarded under Section 1151 for the Heart disease, under 1151 in 2012, 18 years after his death.

If you have documented proof of misdiagnosis , in your VA medical records, and proof of resulting disability directly due to the misdiagosis, you can file under FTCA (unless the statute of Limits has run out and also under Section 1151, 38 USC.

These types of claims are explained in detail in the 1151 ,FTCA forums.

Due to the Feres Doctrine, the military cannot be sued for malpractice, but the VA sure can be.

Not only did th VA misdiagnose my husband's heart disease, they also misdiagnosed his totally disabling stroke , awarded for 6 months in 2012,100% plus SMC under 1151, presently still pending, and also in 2009 they agreed they had misdiagnosed his DMII as well.Awarded at the BVA.

A few weeks ago they suddenly reversed a recent 1151 HBP denial and also awarded for 1151 HBP, for. 6 years rated at 10%,

FTCA claims have a statute of limits , there is no time limit for Section 1151 claims.

The proof they need is the same for both types of claims:

1. proof of documented malpractice in the VA medical records. (this often takes an expert to review the medical records)

2. Proof of a resulting disability (or death) ,directly due to the malpractice That too takes a strong medical opinion.





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im sorry I wasn't misdiagnosed by va was a poor choice of words on my end. at some point I had an unobserved heart attack at the va. when I went to emergency and the stents were put in the obversation is that I had already had heart disease to a portion of my heart essentially at some point I had a heart attack prior to that.

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  • HadIt.com Elder

nobodyspecial73,

If you read this today, you may want to get on the phone and call the hadit podcast radio show and ask questions its free buddy its starts this evening at 7:00 Est or 6:00 central.(Live)

Jbasser & Jerrel Cook are the host....they have Dr Bash & his partner John Dorle on Dr Bash is a long time advocate veteran Dr he helps veterans win claims and this information is all for free just ask your question or questions.

Here is the Number to call 347-237-4819

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

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