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CONFUSED WITH OPEN CLAIM

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pwinger16301

Question

I was recently denied SC for coronary artery disease as a secondary to hypertension.  I have since filed another claim for unrelated contention but when I was checking under "disabilities" in Ebenefits, I see were coronary artery disease is back under pending disabilities but this time is a new claim vice a secondary claim.

Do anyone have any insight on this?  Thanks

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pwinger16301

This week, I'm awaiting a decision by QTC Doctors for something that is very similar for hypertension as yours? Currently, It has taken over a month since my Cardiac CP exam and 3 QTC Cardiac Doctors to come up with some kind of conclusion on my Cardiac problems-but not released yet? I'm starting to see even if numerous other doctors "in service" gave me a diagnosis of "uncontrollable hypertension", that unless your "heart is enlarged",  they don't pay much mind to it and the symptoms that I reported? There are a lot of reasons for hypertension and I have some Left Ventricular Valve  issues which is clearly documented  in  my smrs but am still not sure if it's going to be enough for more than the 0% HBP sc rating--that I already have? Also,  originally, I had a Echocardiogram in 1998 at Madigan Army Hospital that clearly confirms the LVD and IVAD also. Consequently, I have all of the classic symptoms for the LVD including valve blood regurgitation, but again, my heart is "not enlarged" so that seems to be the golden standard to get such a higher  rating for hypertension? Recently, I've been waking up and my ankles and right hand are swollen as well.  But, the first QTC cardiac doctor seemed to act like it's not a problem to have that kind of  swelling? Anyway, I did a new Echocardiogram a month ago and it seems like that is what the QTC Cardiac Docs  have been wrestling with ever since and it will be interesting to see their combined analysis of my cardiac health? I've kept all of this information for my wife in case the "QTC Docs' eventually just give me a clean bill of health but something major happens to me in the near future with my heart? Good Luck and Godspeed..Rootbeer22

 

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pwinger,

Hopefully they found something in your records that relates to your claims, but not CAD as you had claimed, but a different connect the dots ailment.  Rare, but you never know. I had a C&P examiner see something in a x-ray that I was not claiming and told me to claim and I did and won.  Maybe they (VA) are trying to help..

rootbeer,

Maybe you have a answer.  I have been diagnosed in military with elarged left ventrical, but upper mormal heart size.  Runners heart.  Would that work for the 30% rating?  Just started seeing my cardiologist in end of Sep for heart disease.

Good luck pwinger,

Hamslice 

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I have hypertension as well and was granted 30% for this due to enlarged heart. The DRO used an analogous rating for hypertensive heart disease to arrive at the 30% rating. This was in 2007. I have filed an appeal and new claims as hypertension and heat disease are two distinct separate diseases and require separate ratings per the VA  regs. If you have evidence of enlarged heart (cardiomyopathy ) while in service, then need to be rated for the heart problems as well as the hypertension. Noticed that just closed on of my heart claims on 22 August, but nothing in mail yet. I will post as soon as I get it.

Hypertensive heart disease is a constellation of abnormalities,  can be ischemic heart disease, CAD, CHF, and other heart conditions. A good ECHO should reveal the exact problems with your heart, as well as exercise stress test, or nuclear stress test if not able to do treadmill.

see this as  I copied CAVC:

 

Establishing service connection generally requires the following elements:

 (1) medical evidence of a current disability;

 (2) medical evidence or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury;

(3) medical evidence of a nexus between the claimed in-service disease or injury and the present diseaseor injury.

 

The Board
did not apply 38 U.S.C. § 1103(b) and 38 C.F.R. § 3.300(b), which  provide that service connection may be provided if the disability manifests during service or to the  requisite degree of disability  within any applicable presumptive period.

For a service-connection claim (here under 38 U.S.
C. 1110) to be well grounded, there generally must be (1) medical
evidence of a current disability; (2) medical evidence, or in certain
circumstances lay evidence, of in-service incurrence or aggravation of a
disease or injury; and (3) medical evidence of a nexus between the
asserted in-service injury or disease and the current disability. See
Caluza v. Brown, 7 Vet.App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (
Fed. Cir. 1996) (table); see also Elkins v. West, 12 Vet.App. 209, 213 (
1999) (en banc) (citing Caluza, supra, and Epps v. Gober, 126 F.3d 1464,
1468 (Fed. Cir. 1997) (expressly adopting definition of well-grounded
claim set forth in Caluza, supra)). Alternatively, service connection
may be established under 3.303(b) by evidence of (i) the existence of a
chronic disease, such as hypertension, in service or during an applicable
presumption period and (ii) present manifestations of the same chronic
disease.

The Secretary concedes that the appellant's claim for
entitlement to service connection for
a cardiovascular disability should be remanded in order for the appellant
to undergo a VA medical
nexus examination to determine if her cardiovascular disease, to include
cardiomyopathy with
congestive heart failure, is related to service. Secretary's Br. at 8. The
Secretary notes that, in this
case, the Board found that the record did not contain competent evidence
of an in-service heart
disability or any current findings that have been identified as precursors
to the current heart disability

Additionally, service connection may be established on a secondary
basis for disabilities that are "proximately due to or the result of a
service-connected disease or injury." 38 C.F.R. 3.310(a) (2008);

hope this helps you.

I had proof of CAD within 6 months of coming off active duty via TEE and also later on two more TEE. 

Edited by vern2
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Folks:

Thanks for the advice as I see that my cardiac deferred claim is now in the pending decision phase as of last Friday.  So, we'll see as I will get some kind of answer very soon. I'm having a  tough time breathing when I try to sleep at night and it's clear that the left ventricular problem is getting worst. But, I'm guessing that the echocardiogram that I had in 1998 that discovered the problem will be discounted with the new one they just did. After watching Vern2's struggle with the Cardiac issues, it seems like a crap shoot to get any kind of reasonable cardiac rating unless a Vets heart is enlarged?

 

take care and Godspeed. Rootbeer22

Edited by rootbeer22
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Folks:

 

I received my answer and it was that I am now SC for  10% for Hypertensive Heart Disease as a secondary for my 0% service connected to Hypertension? So, would they not now raise the HBP/Hypertension  to at least 10% instead of the 0% now due to the connection or the link with the Hypertensive Heart Disease? 

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