Afib and Coffee

[Sea_Dog]

I have been reading many post at Hadit, and feel like this is one of the best support groups out there for Vets, and thanks for having me.

I am new to the VA claims process and I am working with my local VFW with whole process, but I have a question concerning my claim for Afib. I started having heart palpations during active duty and was put on a holster monitor for 24 hours. The Navy heart Doctor stated that he see the palpations on the holster monitor read out, but thought that they were caused by me drinking 6-8 cups of coffee a day. I went back to sick call 4-5 times for the same issue of palpations through the rest of my career and all is documented in my SMR. After retiring I became very sick and ended up in seeing a heart Doctor and he told me I have had Afib for a long time and had developed a clot in one of the cambers of the heart, so I was put on blood thinners, heart meds, ablations and installed a pacemaker. I filed a VA claim for the Afib, went to the C&P and the VA asked an VES Doctor for a second opinion with no exam. Claim came back as Not Service Connected, was found less likely as not service related, and was caused by Excessive Coffee Drinking.

My question is should I ask for a reconsideration or file a NOD?

Thanks for your help.  

Edited July 9, 2018 by Sea_Dog

[broncovet]

File a NOD, and dispute the decision with evidence.  

First, it may not matter if coffee drinking in service caused the malady.  You are in service 24/7, and often troops do not have control over their food intake...this is dictated by their superiors.  

Focus on "what is important".  The rest is noise.  

You need, as usual 3 things for SC:

1.  current diagnosis.  I assume you have this, you should check it out and read your SMR's.  

2.  In service event.  If that doc said it was caused by you drinking coffee in the service, well, there is your in service event.  

3.  Nexus, or link between in service event and current diagnosis.  

Rememeber, and tatoo this on your arm if necessary:

Quote

VA often "makes stuff up" especially when it comes to denials.  They have to rate "on the criteria".  Does the "criteria" say you dont get benefits if you drink coffee??  I doubt it.  It probably also does not say you dont get benefits if you have blue hair.  Whether you drink coffee is irrelevant, unless VA is admitting this as a nexus.  

The VA denied me because they said my "hearing loss was too long since military service".  I looked up the criteria.  Nope, there was nothing that said, "Time since military service" was a factor.  It isnt in the criteria, and I called em out on that.  If "number of cups of coffee consumed per day" is one of the criteria, then they can use that.  It isnt.  Its a bogus, made up denial, as per usual.  

When you file a nod focus on "how you met the criteria"...with evidence from doc exams, not your opinions.  Read the criteria.  Look it up.  

[Sea_Dog]

1 hour ago, broncovet said:

File a NOD, and dispute the decision with evidence.  

First, it may not matter if coffee drinking in service caused the malady.  You are in service 24/7, and often troops do not have control over their food intake...this is dictated by their superiors.  

Focus on "what is important".  The rest is noise.  

You need, as usual 3 things for SC:

1.  current diagnosis.  I assume you have this, you should check it out and read your SMR's.  

2.  In service event.  If that doc said it was caused by you drinking coffee in the service, well, there is your in service event.  

3.  Nexus, or link between in service event and current diagnosis.  

Rememeber, and tatoo this on your arm if necessary:

The VA denied me because they said my "hearing loss was too long since military service".  I looked up the criteria.  Nope, there was nothing that said, "Time since military service" was a factor.  It isnt in the criteria, and I called em out on that.  If "number of cups of coffee consumed per day" is one of the criteria, then they can use that.  It isnt.  Its a bogus, made up denial, as per usual.  

When you file a nod focus on "how you met the criteria"...with evidence from doc exams, not your opinions.  Read the criteria.  Look it up.  

Broncovet,

 Thanks for the advice. I knew that filing a claim could turn into a long process and I will file the NOD with the evidence I have and hope that they see it my way.

Thanks again.

[broncovet]

"Help them" see it your way, by focusing on how your evidence satisfies the criteria.  

If you read BVA decisions, time and time again they say, 

The criteria for _____ condition has been (or has not been) met.  If you meet the criteria, you get the benefits.