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Duty To Assist Re Hypertension And Heart Desease


Hamslice

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If one filed a claim in 2008 for hypertension (HBP) and was susequently service connected for hypertension through his military medical records (zero, controlled by meds), would it be unreasonable for them to have seen an enlarge left ventrical and an abnormal ECG also in the record, to also sevice connect for heart desease?

And if they didnt, which they didnt, do I,

Start a new claim for heart desease.

Or, a cue?

Or, what??

Thanks,

Hamslice

From what I read in 7000, you get 30% for enlarged heart by x-ray, which I have on record in 2004 with an x-ray. And I also have an abnormal ECG, however, dont know how that plays..

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Can you tell us the ECG narrative that appears on the upper right hand side of the ECG?

In the award for "0" HBP, did they state they considered the X ray of heart and the EKG?

I assume these tests results were available when you filed this claim, or occurred during the claims process

Still these are VA medical records they had ,so if they did not consider them at all in the award letter,

they appear to have committed a CUE.

It would be a violation of 38 CFR 4.6. if you also had filed for heart disease too.

Also that rating sheet might contain the wrong diagnostic code for CAD, and that would be another CUE

"would it be unreasonable for them to have seen an enlarge left ventrical and an abnormal ECG also in the record, to also service connect for heart desease?"

if you had claimed the heart disease as well as the HBP..they should have considered the evidence.

Service connecting the heart disease is a separate issue from the SC HBP.

However, if the ECG and the X ray revealed heart problems that should have warranted further treatment and have gotten worse, due to a lack of treatment ,

that would be the basis of a Section 1151 claim.

The VA never told my husband or me of an abnormal EKG. It revealed he had a heart attack on the job at our locale VAMC that day.They said it was a sinus infection.

The head cardiologist of the Syracuse VA ,after I questioned an ECHO result, told me there was 'nothing wrong" with his heart.

He had filed an 1151 claim in his lifetime and hours before he died he told me to continue that claim if they killed him.

I recently won a 1151 HBP claim,in April 2015 ,20 years after his death as well as won FTCA and 1151 which did not include the HBP med errors about 3 years after he died.

There is no time limit on filing 1151 claims.

Do you get ample care for any cardio issues now?

There isnt enough info here to know if

1. VA overlooked significant medical evidence on the past rating and

2.if the heart enlargement was indicative of CAD or IHD then, and by medical evidence has gotten worse.

Did you ever claim heart disease at all?

Is the VA presently treating you for heart disease?

I have not checked the Schedule of ratings...if you feel the CAD was at 30 % then , what do you feel would be the rating now?

Even if a veteran does not claim a specific disability, the rating sheet will list it as NSC....sometimes...

My husband;'s lack of VA care and lack of any IHD or CAD listing on a 1998 rating was subject of a CUE I filed in 2004, that was awarded under Nehmer in 2012

The ratings for another 1151 issue were there and mentioned in the award letter but those DCs and ratings were wrong among other things and resulted in VA awarding 3 separate CUEs in that decision.

My evidence was VA case law regs, medical documentation from the VA in his Med Recs,

and the 1998 rating sheet and award letter., multiple Peer revies and a VACO opinion.

Can you scan and post the Reasons and Bases for the HBP award letter and also the Evidence list and rating sheet. )Cover C file number, name, address prior to scanning it)

What is the present rating for the heart disease?

Are you an incountry Vietnam Veteran who has been diagnosed with IHD?

Have you since filed a claim specifically for the heart disease?

Edited by Berta
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Can you tell us the ECG narrative that appears on the upper right hand side of the ECG? Attached above ^^^^

In the award for "0" HBP, did they state they considered the X ray of heart and the EKG? Nope ^^^^

I assume these tests results were available when you filed this claim, or occurred during the claims process Yes, however from military med file, not VA..

Still these are VA medical records they had ,so if they did not consider them at all in the award letter,

they appear to have committed a CUE.

It would be a violation of 38 CFR 4.6. if you also had filed for heart disease too. I did not file for heart disease as I did not know what that was at the time, just HBP.

Also that rating sheet might contain the wrong diagnostic code for CAD, and that would be another CUE ???

"would it be unreasonable for them to have seen an enlarge left ventrical and an abnormal ECG also in the record, to also service connect for heart desease?"

if you had claimed the heart disease as well as the HBP..they should have considered the evidence. Did not claim for heart disease.

Service connecting the heart disease is a separate issue from the SC HBP. Did not know that until recently!

Do you get ample care for any cardio issues now? I just asked my primary and he said everything was OK

There isnt enough info here to know if

1. VA overlooked significant medical evidence on the past rating and

2.if the heart enlargement was indicative of CAD or IHD then, and by medical evidence has gotten worse.

Did you ever claim heart disease at all? No, see above

Is the VA presently treating you for heart disease? No, I dont know if I need it.

I have not checked the Schedule of ratings...if you feel the CAD was at 30 % then , what do you feel would be the rating now? All I am saying is that in 7000 you get 30% just for xray showing enlarged heart.

Even if a veteran does not claim a specific disability, the rating sheet will list it as NSC....sometimes... Dont see it anywhere.

Can you scan and post the Reasons and Bases for the HBP award letter and also the Evidence list and rating sheet. )Cover C file number, name, address prior to scanning it) Let me know if that is not it..

What is the present rating for the heart disease? Not claimed previously

Are you an incountry Vietnam Veteran who has been diagnosed with IHD? Not Vietnam, Iraq only..

Have you since filed a claim specifically for the heart disease? Not yet, running it by the experts first...

Edited by Berta, Today, 05:22 AM.

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Berta,

I work nights, so this is breakfast reading for me. I will always responed, but not on everyone elses normal time lines..

Thanks for you help.

I do have the report for that ECG and it say "Upper normal heart heart size", however I do have another doc that says enlarged left ventricle. Just need to find it.

Hamslice

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