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

[lotzaspotz]

In my opinion, for starters, you have an obvious claim for depression secondary to your hearing loss. That should be effective the date you were prescribed treatment at Overton Brooks VAMC.  You can go there (or mail a form downloaded from online) and fill out a request for your medical records, asking for the entire contents, including but not limited to clinical notes, progress notes, narrative summaries, operation reports, X-rays, CT scans, electronic records, handwritten records.  If you've seen any private healthcare providers for any reason, you should request your records from them.  Get your surgery records from LSUMC.  Go to this website to request your service medical records and your service personnel records:

https://www.archives.gov/st-louis/military-personnel/about-ompfs.html

You should also request a copy of your claims file from the VA in New Orleans.  More info here:

http://www.nolo.com/legal-encyclopedia/how-obtain-your-va-records.html

As georgiapapa said, even though you may not have been directly exposed to AO, any ship you stepped foot on might have, and that would be secondary exposure.  Berta knows a lot about cardiac issues, I do not.  Her question about whether the VA has ever rated your heart issues/stroke as non-service connected is also important, but I'm thinking if they did, you would have already mentioned it.  What I'm hearing is that you may have an issue with your cardiac treatment at the VAMC to have let it progress to the point it did, and then be scheduled for surgery that endangered you needlessly, but again, I am not a doctor.  Once you get your medical records from VAMC, LSUMC, and anywhere else you received treatment, you'll need someone impartial to review them.  Dr. Tommy Brown is an excellent cardiologist in Shreveport who founded the Arklatex Cardiology Institute at Willis Knighton Medical System,  http://www.arklatexcardio.com/indexa.html

 I don't know if Dr. Brown does IMO's or what he charges if he does, but if you're open to that, call and ask.  If that doesn't work, call the heart surgeon at LSUMC who did your surgery.  Anyone who does an independent medical opinion for you needs to personally examine you to make the IMO credible in the VA's eyes.  

Also to Gastone's point, if you are substantially housebound because you can't hear enough to drive or go out in public by yourself without a hearing person to accompany you, or in need of aid and attendance, there's something called Special Monthly Compensation (SMC) over and above your VA comp that you need to apply for.  You can do that now.  If you run into any trouble with any of this, message me here at hadit.  I'm in your area of Louisiana.

Edited December 11, 2015 by lotzaspotz

[dkemp]

Thank you all for the responses and info.  I guess I am not making myself real clear but will try to answer.  Prior to 1995 I had no health concerns at all.  My hearing problems began with my employer in 1992.  Beginning 1992 I had anger and depression followed by high blood pressure and first signs of heart related diseases and blockages.  Progressively worse until my early retirement in 2000.  Filed my first claim and joined the VA system in 2001 after medical termination due to hearing.  VA doctors at that time were made aware of my medical history and began receiving all heart meds and depression meds from VA.  From 2001 to 2006 VA diagnosed sleep apnea(2004 app.), and heart caths, stroke, two heart attacks, plus heart surgery in 2006.  The heart surgery was three days after my heart attack while I was at Overton Brooks. They had to wait until I was stable before moving me to LSU Medical Center for surgery and I was on some kind of life support to keep me alive.  All of my heart related treatments have been done by private doctors.  The only heart related procedure by VA was a stress test by Overton Brooks about six months before my surgery.  From 2001 until 2006 is the majority of heart treatments and surgery.  During that time 12 stents were added, two heart attacks, one stroke, heart surgery and sleep apnea.  My diabetes was diagnosed in 2014 by my VA primary doctor here in Texas.  So in summary I have had depression and heart related diseases since 1992, after employer problems, related to my hearing loss.  Everything else diagnosed after all of this.  One thing I haven't touched on is the ear surgery.  I am not sure but I think I had to get clearance with my private heart doctor for the VA to do the surgery.  Not sure if this is correct but I had to do this recently with knee surgery that I had.  I know at present time the growth on my ear has returned and the VA is not wanting to do the surgery because of my heart.  Also, I never was in Vietnam or aboard ship while in the Navy.  I was in Aviation who frew aircrew. On a side note, Lotzaspotz, I am a native of Louisiana with family still in Monroe and Northwest Louisiana.  I travel frequently back to Louisiana from Texas.  I am not housebound because of my hearing but even with hearing aids it is difficult, plus I don't like getting out among people.  Home is my comfort zone unless it is with family.

[lotzaspotz]

There has to be a connection between your disabilities and your military service for rating purposes.  The fact that the VA is treating you for illnesses does not necessarily make them service connected.  The hearing problem is rated, as is tinnitus, but the others are not.  In fact, I'm surprised that the VA rated that, normally, they would have blamed that disability on your law enforcement career in the years following your separation from the military, especially if it involved firearms.  Obviously, I'm not a doctor, but I see quite a stretch to the argument that there's any relationship between hearing loss and your other issues, with the exception of depression.  AO exposure is necessary to presumptively link your cardiac problems and diabetes to your service, that's why we asked about it.  The timeline of your service aligned with the Vietnam era.  Hopefully I'm understanding your question.  If you confine yourself to your home because of your hearing problems for any substantial period on a regular basis, you're essentially housebound.  

 

[dkemp]

Latzaspotz, After reading the responses here and further research on Hadit, I am inclined to agree with you.  Gastone, I will follow up with more research on smc but honestly don't feel I have reached that point yet.  I will probably file for the depression related to my hearing and hope it will be rated enough to reach 100% scheduler. Again, thanks to all for your opinions and information. 

[Berta]

Thanks for clarifying where your care came from and that you do have the diabetes diagnosis.

I was afraid VA had given you cardiac care but missed the diabetes connection.

Did the VA properly apply the MOS -HL criteria as found within this Training Letter in the link below?

 

 

[dkemp]

Berta, I am not sure what criteria they used.  I just know when I enlisted I had above average hearing.  So mush so that I was selected for a position that required better than average hearing.  When I got out the hearing tech wrote on my discharge medical that I had defective hearing.  I did not find this out until 2012 when I filed for IU and requested my medical records and C file.  That is what made me so mad at the  VA rep around 1974 when I went to file a loss of hearing claim.  He told me then that my medical records probably could not be found and I would not prevail on the claim.  Of course this is my fault also, I should have followed up but I was young and didn't.  It was in my medical records all those years and I could have been drawing something all along.