Filing a Claim Question Agent Orange

[kit141]

Filed an AO claim one month ago. Went to all appointments, waiting for rating letter.  My VSO only applied for a heart condition.  After reading some of posts here, I could also file for my legs which were affected by my cardiac arrests along with some other problems I see mentioned here,  Well yesterday I received a letter from the VA telling me that they have requested copies of my medical records for my  claim.  I also requested records  which I received after a two month wait.  The letter also encouraged to send my records.  It went on to tell me my claim could be decided within 15 days if they do not hear from me.  I have no problem with me sending the records but the records are 10 inch high which would make the task  almost impossible to do.

My VSO told me not to worry about this letter.  Should I have filed everything together or separately? Called the  the Private Medical Records Retrieval center and got pretty much what the letter said, so not much help there. 

What should my next step.  

[Berta]

 

Veterans with proven exposure to Agent Orange can be compensated for IHD ( Ischemic heart disease) as described here:

“Ischemic heart disease is also known as coronary artery disease or "hardening of the arteries."

Cholesterol plaque can build up in the arteries of the heart and cause "ischemia," which means the heart is not getting enough blood flow and oxygen. If the plaque blocks an artery, a heart attack can result.

Up to 90 percent of heart attacks are due to: smoking, high cholesterol, high blood pressure, diabetes, abdominal obesity ("spare tire"), not eating enough fruits and vegetables, lack of exercise, drinking too much alcohol, and stress.

Visit Medline Plus to learn about treatment for coronary artery disease, the latest medical research, and more from the National Institutes of Health.”

ww.publichealth.va.gov/exposures/agentorange/conditions/ischemicheartdisease.asp

And also they can claim and be compensated for any other presumptive AO disability on this AO presumptive list here:

https://www.publichealth.va.gov/exposures/agentorange/conditions/

"Filed an AO claim one month ago. Went to all appointments, waiting for rating letter."

Do you mean you had a C & P exam already for the IHD? If they are still seeking medical records that would not be a formal or valid C & P exam- in my opinion....

They usually cannot rate a claim without a C & P exam.

 "After reading some of posts here, I could also file for my legs which were affected by my cardiac arrests along with some other problems I see mentioned here, "

Often AO disabilities can cause secondary ratable conditions. I am surprised that the vet rep did not file for anything else that could be attributed to the heart disease.

Diabetes Mellitus for example (another AO presumptive,) can cause Peripheral neuropathy and Peripheral arterial disease, and many other secondarys. 

What is the exact diagnosis for the leg condition?

I had a AO IHD claim after my husband died.

All I recall sending to them , as evidence, was the VA  formal diagnosis ( which came 3 years after his death), 2 EKGs and a ECHO report . his death certificate and autopsy.I also sent them a decision  they made granting the heart disease under Sec 1151/FTCA that they had failed to acknowledge or rate in the rating sheet and I had filed CUE on.

All of his medical are had been with the Va

This was a Nehmer claim and the FTCA malpractice issue was prime facie evidence. But I cannot think of anything else I needed....so I hope others will chime in.

They had ample proof of my husband's  service in Vietnam.I assume that is not in question regarding your exposure to AO.

I think all they might need would be anything showing a definitive diagnosis of the IHD, along with any specific EKGS or ECHOs that would support the diagnosis, and some recent treatment records.

Then again are your medical records from the VA or instead, all from a private cardiologist? 

I hope others chime in here as this does not make sense to me...:

You stated you filed the IHD claim a month ago but they recently gave you 15 days for more evidence?

Do you have any current service connected rating?

And did you ever file a claim in the past, whereby IHD might have been coded and rated but was denied?

"My VSO only applied for a heart condition."

Are you a diabetic?

Do you get SSDI and if so what for?

Edited April 4, 2017 by Berta

[Gastone]

USAF Nam Vet with "Boots on the Ground," why are you coming to the party so late? Better late than never, just wondering how you made it to your mid to late 60's or early 70's without filing a Comp Claim.

Relying solely on a VSO-Rep can be hazardous to your Claim. If this is your 1st VA Comp Claim, did your VSO or yourself, list all the repositories of your Medical Records bot VA & private?

Do you know if an FDC or Reg A$$ Claim was filed by your VSO?

Semper Fi

 

[Berta]

Gastone, Thanks, you asked the same questions I was unwilling to ask...

I had this one too: (might as well ask)

"Went to all appointments, waiting for rating letter."

What rating letter? Did the VSO suggest this claim will not take long?

AO IHD claims are pretty cut and dried but there are many at the BVA that were denied...but mainly because the veteran did not have proven exposure to AO or the veteran did not have IHD as defined by the VA,in 2010, referencing Braunwald and Harrison's principles.

Gastone makes a point that many of us have learned the hard way:

"Relying solely on a VSO-Rep can be hazardous to your Claim."

However some vets without representation can create big problems for themselves.Unless they fully understand the regulations that control their claims.

This vet filed for HBP ,but not IHD.

 

"Additionally, the Veteran's medical record shows that he was diagnosed with IHD in May 1988, and coronary artery disease (CAD) in January 2010. IDH and CAD, like hypertension, are diseases of the heart that are rated under 38 C.F.R. § 4.104. Although the Veteran's used the abbreviation HBP (high blood pressure) in his January 2008 claim to describe the disability for which he was claiming service connection, the Board's consideration of a claim is not limited to the terminology used by the claimant, but must be construed based on the reasonable expectations of the non-expert claimant and the evidence developed in processing the claim. See Clemons v. Shinseki, 23 Vet. App. 1, 4-5 (2009). Here, as the record reflects diagnoses of IHD and CAD, which are diseases presumptively service connected in veterans who served in Vietnam as explained below, the Board has broadened the claim to include these disabilities. The Board has also bifurcated the claim to reflect the different dispositions for IHD and hypertension."

The BVA granted SC AO IHD and remanded for the IHD to be rated  as well as for a medical opinion to determine if the HBP if secondary to the IHD.

This was a 2016 decision on a June 2008 RO decision, with one past remand as well.

 

https://www.va.gov/vetapp16/files3/1623834.txt

Gastone is right as to VSOs , and some are very good, but we, as claimants , are responsible,as well, for 

taking the time to learn all we can about how the claims process and the regulations work.

Unless you fall under Nehmer ( I sure don't think you do if this was your first claim) and if the VA awarded SC for IHD, your EED (earliest Effective date for any retro compensation due to you) will be the date of the claim you filled a month ago.

I sure hope your VS0 didnt suggest you could expect some sort of large retro windfall payment.

VA does make some  errors on IHD claims.

My claim fil3ed in 2010 was denied in 2012 beause  th deision said my husband's SMRs did not reveal IHD in service.

I whipped a scathing CUE on the idiot ( their inititals were on the decision)in a heart beat,(IRIS complaint ) pointing out that most Vie4tnam vets were practically still kids and probably NONE of them had IHD during their Vietnam service period.

Soon after that the IHD award letter was in the mail, and it also granted 4 CUEs I had filed in 2003 and 2004 against a 1998 decision that my former vet rep 9who I trusted at the time) told me not to file a NOD on.

One of the CUEs was extremely important to the AO IHD award and was what made my AO IHD death claim , a Nehmer claim....with a very favorable EED.

 

 

 

 

 

 

Edited April 4, 2017 by Berta

[Buck52]

This would be a presumption A.O. Claim

Don't rely on the VA to get all your medical records , send in what pertains to your claim or download them via e benefits, & claim any and all conditions that would pertain to or related to your original disability '' Heart Disease'' have a lot of related to or can be file as secondary to Heart Disease.

caused by the A.O  How ever you will need a medical Dr to nexus all this likely as not cause by your military service while station in Vietnam

 you may want to  look up the A.O. Nehmer Rulings.

Also as Ms berta pointed out  look up some past BVA Cases that is close to your claim and put 2&2 together.  Learn how the way VA Words things in their sentence's    = VA Lingo in another world.  eh!

jmo 

 

Edited April 4, 2017 by Buck52

[kit141]

Here is my understanding of whats going on.  VES was doing all the scheduling.  I went for my ECHO exam last month at a hospital 20 miles from my house.  I then received a VES appointment with a doctor They had some of my results from the ECHO. Not sure what a c & P exam is.  What this doc did was to ask about my condition and how I felt.  This was also a non VA visit

This all started with 8 cardiac arrest arrived at the hospital with zero pulse and 20 blood pressure. things went down hill from there. 

Here is a small list of some of problems

  Complete heart block (HCC),

    Coronary artery disease, artery thrombosis, ischemic spinal cord injury,peripheral neuropathy of my legs, resulting in me having to wear braces and use of walking sticks because I developed foot drop  with numbness in my feet

The list above is just a short list have still have many more problems that I never had before.

As for not filing before, I could not prove boots on the ground and I did not realize that so many problems were covered.  I have been healthy until this started.

Now for the letter, We submitted a form that gave the VA access to all my health records in the private sector.  I received a letter from the VA stating that I needed to send in the form again.

Have never used the VA for any condition that AO covers.  It is all at non VA hospitals.  Like I said before, I wold not even know where to begin with copying records and I have almost a stack 10 inches high of records

The doctor told me she would send in her finding and I would here from the Va on my percentage

You all brought up some good points, but what do you think of the statement we could decide your case in 15 days if we do not hear from you..  They also said they requested records from my non VA hospitals which I am sure is going to take longer that 15 days.

Thanks for the help.  This one of the best sites that I have found dealing with the VA

[Buck52]

A  C&P Exam (Compensation & Penison Exam) is for Compensation from an old or new injury you recieved while in the military, An old injury's or disease will manifest  with in a certain amount of years after leaving the military(no limit ) ...> and you can file a claim for compensation for it.

you need medical prof of this in your service military records (SMR's) but Vietnam Veterans don't need to show prof other than your military service records or DD-214  For A.O. Presumption Claims. and medical documentation of the Disease or Injury.

Edited April 4, 2017 by Buck52