Post deployment Chronic Kidney disease

[sgtdjusmc]

I have had annual blood tests at the VA for at least 5 years prior to deployment. All showed normal Creatine levels and GFR (except one 57 GR just prior). When I returned I had another round of blood tests 40 days post discharge. The VA Dr. diagnosed me with chronic kidney disease since my creatine was high and GFR was 47. The VA denied my claim out right. Shouldn't this be presumptive since it was within a year of discharge?

[Berta]

to add, do you have any of these symptoms of kidney disease in your SMRs?

https://www.mayoclinic.org/diseases-conditions/chronic-kidney-disease/symptoms-causes/syc-20354521

Have you ever accessed your unit on line to see if they have a membership or reunion roster, in case you need a buddy statement?

Edited July 12, 2019 by Berta

[sgtdjusmc]

56 minutes ago, Berta said:

These are the Chronic Presumptives:

https://www.law.cornell.edu/cfr/text/38/3.309

a)Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under § 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of § 3.307 are also satisfied.

Anemia, primary.

Arteriosclerosis.

Arthritis.

Atrophy, progressive muscular.

Brain hemorrhage.

Brain thrombosis.

Bronchiectasis.

Calculi of the kidney, bladder, or gallbladder.

Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

Cirrhosis of the liver.

Coccidioidomycosis.

Diabetes mellitus.

Encephalitis lethargica residuals.

Endocarditis. (This term covers all forms of valvular heart disease.)

Endocrinopathies.

Epilepsies.

Hansen's disease.

Hodgkin's disease.

Leukemia.

Lupus erythematosus, systemic.

Myasthenia gravis.

Myelitis.

Myocarditis.

Nephritis.

Other organic diseases of the nervous system.

Osteitis deformans (Paget's disease).

Osteomalacia.

Palsy, bulbar.

Paralysis agitans.

Psychoses.

Purpura idiopathic, hemorrhagic.

Raynaud's disease.

Sarcoidosis.

Scleroderma.

Sclerosis, amyotrophic lateral.

Sclerosis, multiple.

Syringomyelia.

Thromboangiitis obliterans (Buerger's disease).

Tuberculosis, active.

Tumors, malignant, or of the brain or spinal cord or peripheral nerves.

Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.

Does your condition fit into anything described above?

What does your doctor attribute the  chronic kidney disease to?

I dont think any disability deemed 'chronic' happened overnight.

 

It would help to see their denial.

 thanks for this. Their denial is the one line. They didn't even give me a C&P. So its a coincidence my kidneys are fine right before deployment and not fine right after? 

Chronic is just the diagnosis they  kidney disease. Its actually termed renal dysfunction in the CFR. 

From what I understand these days, both from guys who went with me and my friend at the VBA is all conditions claimed within a year of discharge are presumed to have been because of military service. They are supposed to give general medical exams from head to toe and if they give you a diagnoses its presumed it occurred on active duty. At least three of my guys went through this. They also never went to sick call downrange and got rated. 

[sgtdjusmc]

44 minutes ago, Berta said:

to add, do you have any of these symptoms of kidney disease in your SMRs?

https://www.mayoclinic.org/diseases-conditions/chronic-kidney-disease/symptoms-causes/syc-20354521

Have you ever accessed your unit on line to see if they have a membership or reunion roster, in case you need a buddy statement?

Everyone has those symptoms downrange working 12 on 12 off; fatigue etc. No one goes to sick call in the infantry for all that. 

I just got off deployment last august and left the national guard in May so I have contact with everyone. 

[Berta]

This link from VA has a little more info-

https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/

The disability has to be ratable at least at ten %.

But they could not have determined the rating without a C & P exam.

They might have committed a CUE- clear and unmistakable error in the decision.

If so, it might be able to be fixed fast, if we can read  the actual decision.

I am so glad you have contact info for your unit members.

Nothing is impossible. I helped a vet prove from his SMRS that he had diabetes inservice.

No diagnosis and no treatment in service.He had appealed the claim for years and went to the BVA and the CAVC twice.He even had lawyers, but they couldn't read.

Does the decision have an evidence List ?

[sgtdjusmc]

3 hours ago, Berta said:

This link from VA has a little more info-

https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/

The disability has to be ratable at least at ten %.

But they could not have determined the rating without a C & P exam.

They might have committed a CUE- clear and unmistakable error in the decision.

If so, it might be able to be fixed fast, if we can read  the actual decision.

I am so glad you have contact info for your unit members.

Nothing is impossible. I helped a vet prove from his SMRS that he had diabetes inservice.

No diagnosis and no treatment in service.He had appealed the claim for years and went to the BVA and the CAVC twice.He even had lawyers, but they couldn't read.

Does the decision have an evidence List ?

Here it is. I love when they say it doesn’t exist when the VA gave me the diagnoses

[sgtdjusmc]

4 hours ago, Berta said:

To add 

""a GFR of 60 or more is in the normal range. Ask your health care provider when your GFR should be checked again.

"a GFR of less than 60 may mean you have kidney disease. Talk with your health care provider about how to keep your kidney health at this level."

https://www.niddk.nih.gov/health-information/kidney-disease/chronic-kidney-disease-ckd/tests-diagnosis

Did you have a full creatinine clearance test?

There is also an albumin factor to some CKD diagnoses.

Do you have your complete SMRs?

If VA said they had them , that does not mean the VA actually has read them.

Sometimes GFR and creatinine values can be due to diabetes, but I assume that is not your situation.

I used creatinine and GFR values among other VA test results to prove my dead husband died from Diabetes Mellitus contributing to his death ( from AO exposure) .

He was never diagnosed or treated for diabetes the many years he was a VA patient.

If you can scan and attach the decision here, cover your C file # and name, address, prior to scanning it.

 

 

Creating high GFR 47, labs done at the VA 40 days after discharge