ptsd Appeal Or New Claim?

[TiredSgt]

As you already know from my recent post in Success Stories, I was awarded 10% for PTSD this month with retro to May 05 . My question is this: I have an implanted ICD/Pacemaker which was put in last year due to heart disease. I have read that PTSD causes heart disease, should I file a new claim for heart disease (which will no doubt give me 100% TDIU per CFR, if I can provide nexus) or, should I appeal the 10% PTSD award for a higher rating and hope they give me 50%, then file for TDIU?

How can I provide nexus with heart disease/military service? That is the main question.

I'm currently 10% Tinnitus, 10% PTSD, 20% Cervical Spine, 20% DDD - VA math = 50%

Thanks for any input

Tim

Edited February 19, 2007 by TiredSgt

[Cavman]

I would appeal the PTSD immediately with a Notice of Disagreement letter and ask for 100% p & t. I would file a new claim for the heart problem as secondary to the PTSD SC.

Cavman

[Berta]

Tim- in my opinion I would appeal the 10% with a NOD and then file a new claim too as to the heart disease caused or contributed to by the PTSD.

I think I aswered this question here already-

in any event- PTSD causing or contributing to heart disease is a difficult claim scenario - not impossible but difficult and this will depend on strong medical evidence of medical nexus from both a psychiatrist and then probably also a cardiologist too.

There is plenty of medical evidence on the net and elsewhere that PTSD and any type of menal disorder like anxiety and depression can conribute to heart disease-

the VA doesnt care about all that- they need medical evidence specifically to your medical situation with a full medical rationale as to how your PTSD has affected or caused your heart condition.

The rating 10% is so low at this point that this is a factor-

EXample: the VA in August 2006 -filed a Motion at the BVA to re-open a old claim I had that I didnt pursue.(BVA 1998)

The claim was for PTSD contributing to my husband's fatal heart disease.I think they were forced to do this-

The VARO last year (Jan 2006) inadvertently sent me a letter regarding my other claims but stated that

my husband's PTSD treatment was one factor of "ALL deviations"in proper medical care in a Section 1151 award letter of 1998 which stated the VA had caused his death (in attempt to disregard one of my claims there as not a valid issue.)

I pounced on this statement immediately as it supported one of my claims they had-

a claim that I considered a weak one-the AO claim was much stronger-and I sent in the VSMs letter as evidence of that specific claim.

Could I prove that Rod's PTSD caused or contributed to his heart disease?

You bet I could-

but it would possibly take more medical evidence in the form of IMOs, maybe not-with also the settlement findings of my FTCA wrongful death claim-

and the fact that the VA has acknoweledged (Jan 2006 VSM letter)that this veteran died due to PTSD contributing to Section 1151 death.

Maybe they will even award on that basis anyhow- that VA letter gave me enough evidence

to support what they already had and this is a current and open claim I have pending there along with 5 other claims that are all in the rating board.

The VA must consider any potential possibility for direct service connection.

a vet should give the every reason they can to support SC.

(or civilian widow like me)

I presented to VA two distinct separate issues for direct SC death award.

I keep forgetting the PTSD contributing to heart claim.

The veterans PTSD was malpracticed on- per VA itself and also significant documentation from the med recs-and the VA as employer-and this contributed to his lousy VA medical care regarding his heart disease.

Thus his SC PTSD contributed directly to his death.

That is basis for direct SC death.I keep forgetting I have that claim there in addition to the rest and that they are working on it.I got this idea from a course I took re: parallel warfare- and realised that tactical warfare principles can apply to VA claims-give them two or three solid reasons that medical evidence could warrant a proper award.

The regs do not prohibit that.

Edited February 19, 2007 by Berta

[TiredSgt]

Thanks for the great advise! It shed light on a few issues I had not thought about before - great site and thanks again for everyones rapid response.

Tim