Heart Attack Secondary to Depression, Should I appeal?

[dbgrace1970]

Forgive me if this has been asked previously.  I am trying to navigate the site and did not find anything searching for it.  I am currently service connected at 50 percent for depression, listed as MDD and Anxiety.  Had a heart attack last year. STEMI.  CAD diagnosis.  In discussing lifestyle changes, I was asked what my stress level was as far as job, home life, leisure, prior health, etc.  Stress is high and depression is thick and real.  Was told that the depression and anxiety COULD be a contributing factor and Id want to be as stress free as possible.  Applied for secondary heart attack, due to depression and anxiety with VA.  had C&P exam.  Saw doctor (contractor, QCV or something) for five minutes in which he said nothing to me.  looked at computer screen, typed some things up, and excused me.  Was later denied..."It is less likely than not that the veteran has a  diagnosis of CAD with MI requiring stent placement that was proximately due to to MDD, anxiety, or OCD.  There is no medical evidence that MDD, anxiety, or OCD cause CAD".  

There are numerous studies performed by the VA, Mayo, and universities and agencies worldwide that connect CAD with depression as a cause and a symptom.  Several rulings have already stated as much.  I have requested the records from the C&P ( a month or more ago) and have yet to receive them.  Deadline for appeal is coming up quickly.  This new system sucks.  I used to just go to the regional office in Lincoln and theyd let me walk out with any copies I needed.  Question, Is it worth appealing on the grounds I have listed in this paragraph?  And is there a way to get a doctor to look at my records on my own and see if they agree that its AT LEAST AS LIKELY that the two area linked?

[ShuMan]

Now you got to fight! You got to build a good supplemental claims package.  What should this include?

1. Solid Independent medical option Nexus

2. Lay evidence- great personal statement/Buddy letters.

3. Medical journals -- https://pubmed.ncbi.nlm.nih.gov/

4. BVA court cases similar to yours. 

Combine that into a package and submit a supplemental appeal. 

Just my option on what I would do.

[Buck52]

I agree with ShuMan

Your going to need to see a Qualified Dr to state what you mention above  because the VA WILL NOT TAKE OUR WORD FOR IT even submitting ''there are numerous studies performed by the VA, Mayo, and universities and agencies worldwide that connect CAD with depression as a cause and a symptom. ''

you and I  have no doubt its is likely as not caused /related to your MDD(Depression/Anxiety  but you need a Dr to say that.

Edited October 5, 2020 by Buck52

[GBArmy]

I agree also. Don't know how much time you have left to file your supplement claim. You need an IMO/nexus from a doc to fight their original denial. As Buck said, you can't give a medical opinion that they will consider. If you have records from ebenefits, etc. maybe your new doc can pull enough evidence together with medical journals to get it done. Otherwise, after a year you can you can still submit but is starts a new effectivity date. 

[dbgrace1970]

6 minutes ago, GBArmy said:

I agree also. Don't know how much time you have left to file your supplement claim. You need an IMO/nexus from a doc to fight their original denial. As Buck said, you can't give a medical opinion that they will consider. If you have records from ebenefits, etc. maybe your new doc can pull enough evidence together with medical journals to get it done. Otherwise, after a year you can you can still submit but is starts a new effectivity date. 

The year ,mark is in just a few days.  I had figured I had already lost out on the time, and then realized a couple months ago their was still time on the clock.  I requested the C&P records so I could quote exactly what the doctors opinion was.  And challenge anything else he had put in their, like alengthy interview or something.  But the time it has taken to get those back has been its own challenge.  Then, of course because why wouldnt it, my hard drive crashed last week, losing all of my medical records.  Ill have to go back tot eh original hospital that treated me to get those.  Which is good, I suppose, because that cardiologist is the one that told me it certainly could be tied to stress and depression.  This will take some quick action.  ugh

[Buck52]

JUST BE SURE YOU SEND IN YOUR NOD ASK FOR EXTENSION   AND USE EBENEFITS OFF MYHEALTHYVET  ITS FASTER AND SURE TO GET THERE IN TIME. FILLING ELECTRONICALLY IS THE WAY YOU NEED TO FILE THIS ASK FOR CONFIRMATION, DON'T COUNT ON SNAIL MAIL (US POSTAL SERVICE)  IF YOUR COMPUTER IS DOWN ASK AT YOUR VAMC  .DAV OFFICE SEE IF THEY WILL FILE IT ELECTRONICALLY  OR MAYBE THE BVA OFFICE.  IF NOT ASK A FRIEND NEIGHBOR  TO USE THEIR COMPUTER JUST MAKE SURE YOU FILE IT IN TIME. 

[broncovet]

I agree, BUT:

Whoa, Hoss!  In some circumstances CAD is presumptive!!!  READ this to see if its a presumptive for YOU!  

https://cck-law.com/types-of-va-disabilities/ischemic-coronary-artery-disease/

If you were exposed to Agent Orange, and have been diagnosed with CAD, you should be able to get benefits for it.  See the link above.