tdiu Too late to claim or Secondary?

[dkemp]

I am trying to determine if I should have claimed several health issues years ago or if I can claim as secondary.  Best way I know howI to explain this is chronologically and then answer any questions someone may have.

I server in the US Navy and had hearing loss when I was discharged in 1966. In the early 70's I went to my local VA Service rep to file a claim for hearing loss and was told they probably would not be able to find my service records so a hearing loss would not prevail.

In 1980 I began wearing a single hearing aid.  I worked in Law Enforcement from 1969 until retirement in November 2000.

In 1992 I began wearing hearing aids for both ears while working for a LE agency as a Narcotics Detective.  Because of my hearing loss I was demoted and transferred to a civilian position.  I became very depressed and angry and as a result was required to see two different psychiatrist weekly for fix months.  Medication was prescribed for depression and I continued to take depression medicine until this day.  I was very healthy until that time and walked several miles a day with no hospitalization since I was a child. I also began to have heart related problems which included angina, high blood pressure and shortness of breath. I was forced to file suit to get my detective status and benefits back and prevailed in court.    All of the medical conditions are well documented. All of my medical problems continued until I took an early retirement.

November 2000 I took an early retirement primarily because of the depression and pressure of having to take my employer to court to retain my previous status as a deputy.  Just prior to my retirement I had two stents placed in my heart to relieve blockages.

November 2000, after retiring I moved back to my home state and took a part time job with the US Marshals Service as a Federal Court Bailiff.  All of my medical conditions were disclosed to my employer prior to retiring and taking this job.  Six months into the job the US Marshals Service medically terminate me due to my hearing loss. 

2001 to 2013  In 2001 I filed my first claim with the VA.  I was service connected for my hearing. loss and awarded 20% bilateral and 10% for tinnitus.  Since that date up to 2013 through additional claims that has risen to 80% bilateral and 10% tinnitus. In 2013 I was awarded 100% TDIU.  Since my hearing related medical termination in 2001 I have added thirteen more stints in my heart, two heart attacks, one in 2004 and another in 2006 when I woke up in the recovery at VA hospital after undergoing ear surgery.  That heart attack was immediately followed by quadruple by pass.  In addition in 2004 I had a stroke effecting my left side leaving some loss of strength and numbness. VA doctors also found that I had sleep apnea and issued me a cpap during this time period. Loss of sleep began back when I first started my medical problems in 1992.

This is just the high points and I will be happy to answer any questions anyone may have.  I still take medicine for depression which I have always received from the VA.  I am trying to get rated for 100% schedular. It is much more likely that I will die from a heart related problem.  It is not likely that I will die from hearing loss.  I would not be looking into this if I didn't believe my hearing loss instigated the other problems or at least aggravated them.  I am blessed for the ratings I have now and so not take that lightly.  At times I feel guilty even though I have gone through some hard times.  I see others who are as deserving and don't have what I have at this point.  I appreciate any advice offered and thank you in advanced.

i

[Navy1966]

There is no time limit to claim a secondary disability. What you need to start is a medical opinion that your secondary disabilities are caused by your service connected disability.

[lotzaspotz]

You will need your hearing tests from 1966 or as close to that date before your service ended.  You will also need the rating criteria for hearing loss from the 1966 version of 38 CFR.  Did the VA try to get your records or did they just tell you that your records probably burned up in the St. Louis warehouse fire in 1973?  Not all records burned up.  You should try to request them from the National Personnel Records Center in St.  Louis.  You can request them online, then fax or mail in your written authorization to release them.  If they can't find them, they'll tell you.  See where your scores are compared to that criteria.  

Any possible AO exposure during your service?

Who issued you hearing aid in 1980, private provider or the VA?

Your depression meds -- issued by the VA -- anything in your medical records connecting depression to hearing loss?  Did you tell them that was the reason?  That is an implied claim, use the date of your first issuance from the VA of these  meds.

Did you ever cite hearing loss and/or depression on a workers comp claim?

Ear surgery at the VA -- for what?

Heart attack during ear surgery?  You were ok'd for surgery despite your heart complications?

Did you ever apply for Social Security disability when you stopped working?

Take a look at the secondary effects of your medications, sleep apnea in particular.

Edited December 11, 2015 by lotzaspotz

[dkemp]

Thank you.  It was implied that my medical records may have burned up in the St. Lewis fire but no one ever checked.  Just said I probably wouldn't prevail on a hearing claim and that was all.  Presently I am service connected for bilateral hearing loss at 80% and Tinnitus at 10%.  I have never been exposed to AO as far as I know and up until 2001 when I prevailed on my claim all of my hearing aids I paid for.  There is written records of my complaining that my depression was because of my hearing loss that caused job demotion, and loss of income.  In fact I tried VA Vocation rehab which I had to terminate due to medical issues and depression.  The VA doctors have never ask me to see anyone for depression.  They just prescribed medication.  I did not get into the VA system until just before I filed my claim in 2001.  I have never filed a WC claim for hearing loss but did file a civil violation of my rights in Florida and prevailed on that around 1994.  It was job related and all because of my hearing loss.  I went through several years of deep depression and only improved after I took an early retirement and moved back to my home state of Louisiana in 2000.  I still have issues to this day but still only take medicine.  My ear surgery, done at VA Medical Center in Shreveport, La. , was due to a growth on my right ear drum.  I was in recovery when I had the heart attack.  Would have died if not in the hospital at the time but cath lab found five blockages so by-pass was done two days later at State Hospital near by.  VA was aware of my heart condition. In fact all of my heart medicine was issued by the VA.  I applied for Social Security I think in 2002 and was able to draw early total disability until I turned 65.  The only thing I have for sleep apnea is the Cpap and I have been diagnosed with both kinds of SA by the VA.  I will take a look at secondary effects and thank you for your help.

[georgiapapa]

Did you ever set foot in Vietnam or serve on a vessel on the inland waterways of Vietnam?  Did you ever serve on a ship listed on the VA's alphabetized list of ships possibly exposed to agent orange?

If you answered yes to either of the above questions, your heart condition (ischemic heart disease/coronary artery disease) would be considered an agent orange presumptive disease and you should file an FDC claim asap. A successful IHD claim along with your other service connected conditions should entitle you to a 100% schedular award. JMO

GP

 

[Berta]

 "VA was aware of my heart condition"

How long before the ear surgery and then the bypass, was VA "aware of"  the heart condition?

Navy 1966 said:

"There is no time limit to claim a secondary disability. What you need to start is a medical opinion that your secondary disabilities are caused by your service connected disability."

I think a good IMO doctor with cardio expertise should assess your VA health care regarding your heart disease.

This is all VERY concerning:

"Since my hearing related medical termination in 2001 I have added thirteen more stints in my heart, two heart attacks, one in 2004 and another in 2006 when I woke up in the recovery at VA hospital after undergoing ear surgery.  That heart attack was immediately followed by quadruple by pass.  In addition in 2004 I had a stroke effecting my left side leaving some loss of strength and numbness. VA doctors also found that I had sleep apnea and issued me a cpap during this time period. Loss of sleep began back when I first started my medical problems in 1992."

Has VA ever rated as NSC a percentage for the stroke and the heart disease?

Did they completely rule out diabetes as cause of these problems, and also did they rule out atherosclerotic heart disease possibly due to high cholesterol and tryglycerides? Or do they (VA) treat you for these conditions?

I am not a doctor but something seems wrong here to see that your heart disease advanced enough to cause the quadruple by pass and even a stroke ( I assume this ,and it is only my personal opinion because I have background in heart/stroke disease research) that the stroke was caused by a clot in your heart passing to your brain, due to ischemic coronary heart disease....which any ECHO they (VA) gave you ,could reveal.

 

 

 

 

[Gastone]

AO Exposure, Boots on the Ground, Nam?

Time to get educated on SMC requirement for A & A and housebound.

Semper Fi