Heart Disease Rate Increase

[stillhere]

I am rated 60%heart disease / 20% DBII / 10% NP left / 10% NP right I am being compensated at 70% VA Math.

Recently had another blockage issue in the heart and another stent implanted doc said limit duty next month and come back and see him for evaluation. Called the VA for advise as to rate increase they said would send paper work in 60 days and then file.

My questions are should I file for this rate increae or go with a NOD from my last award in Feb. 07

If I go with NOD (Sept.06 one year from that date)I was thinking of asking for a different award date. They only added the heart disease after I had a heart attack in Oct. 05 although I had complained of heart pain on my first claim in 03 and it was denied. I then reapplied in August of 06 and they again denied heart only after I had my heart attack in 05 did they finally allow the heart issue as secondary to DB2.

I feel it is obvious that something caused my heart issue and it was there long before Oct. 05 but all the test they where running stress, cardio and such showed nothing. Is this a CUE?

Anyhow all help would be appreciated on this matter. I have the feeling things are going down hill very quick and don't know how much more I can battle with them before I have another heart attack.

[Berta]

Not a basis for CUE-

you still have other ways to go on this-

If you are not working and your SC disabilities are preventing you from working you should apply for TDIU- the 100% rate of VA comp-

2,200 a month?? I forget!-someone will correct

I will attach the TDIU form-

How did the VA consider you and then deny you for TDIU in the 70% decision?

That statement from VA in the 70% decision can shape what evidence they still need from you to award TDIU- if you arent working-

[Berta]

sorry -I just noticed something-

you still can perform limited duty ?

This is possibly why the VA did not consider you yet for TDIU.

One thing about DMII- SC-

if VA can find that the heart disease was prior to the SC DMII , they can deny heart disease as secondary in vets who get the DMII diagnosis with heart disease too-

I mean- say vet has DMII with obvious heart disease mosst likely due to DMII.

The VA could find evidence showing the NSC heart disease predated the SC DMII and then fail to award as secondary.

The VA has done this and still tries to-

what bothers me the most is that DMII is the most underdiagnosed diseases in the US of A-per the ADA-

a vet could have DMII and one or two glucose blood tests at VA over a few months will not reveal whether the vet has high glucose

days before or after the test.

Even the HBIAC test has its limits.

So a vet could actually have diabetes for years and not even know it or have VA not diagnose it and then the vet sufferes from CAD BEFORE they diagnose the DMII-and then the VA can say this was NSC and predated the SC DMII and therefore isnt secondary.

A good IMO from a real doc who uses the ADA guidelines and knows all the literature that can define a specific type of heart disease as Exactly due to DMII-such as left ventricular hypertrophy-etc can help a vet get proper secondary as well as the proper EED on these claims.

[stillhere]

Thank you for the reply from reading other posts I am sure you are one of the best.

I am still working although I am not doing about half of what I used to. I am in sales now because of a hearing problem from Nam. But that is another story.

I would like to file a nod but if I got 100% I would still like to work for a few more years. I am strictly on comission so I hade dropped quite a bit in the past 3 years.

Should I try for the earlier award date for the heart disease? The VA told me to file for the rate increase for the recent surgery I was in the hospital 2 days and told no driving for a couple of days and then take it easy.

Thanks

Not a basis for CUE-

you still have other ways to go on this-

If you are not working and your SC disabilities are preventing you from working you should apply for TDIU- the 100% rate of VA comp-

2,200 a month?? I forget!-someone will correct

I will attach the TDIU form-

How did the VA consider you and then deny you for TDIU in the 70% decision?

That statement from VA in the 70% decision can shape what evidence they still need from you to award TDIU- if you arent working-

[john999]

Stillhere

I don't think you have anything to lose by applying for the EED. All the VA can do is deny it and you will never get it unless you ask for it. The only thing is that if the Heart disease proceded the diagnosis of DMII the VA might very well say you had it before the DMII and not connect it. The VA did this with my PN even though I had the high glucose levels before the actual diagnosis of DMII. I got sc'ed for the PN eventually. Keep trying and don't give up!

[john999]

Berta

I know the VA tried to deny my PN as being secondary to DMII saying it existed prior to the DMII. This is an old trick on their part. I bet many thousands of vets are denied for secondary conditions due to DMII by the VA saying they existed prior. They are acting in bad faith even when you have a doctor saying the secondary condition is caused by DMII and the VA denies it. You know it they do it to you they are doing it to thousands of others. Nothing personal, just business as usual. How can any say this system is not adversarial?

[stillhere]

John999,

My family doctor first diagnosed DB2 in 2001 I did not know about the presumed untill an legion newsletter in 2003 I applied for DB2 and heart disease as chest pains at that time and during the exam they came up with the PN. I had not even noticed that but I really do now.

Anyhow when I go back to my cardio doctor in May I am going to ask if he will write something for me an file for the EED of 2003 and see what they say. Unless my cardio doctor advises otherwise, I just have a hard time swallowing that this just came up in Oct. 05!!

By the way Berta last time I was in for surgery my cardio doc asked if I was still working!

Thanks,

Stillhere

I don't think you have anything to lose by applying for the EED. All the VA can do is deny it and you will never get it unless you ask for it. The only thing is that if the Heart disease proceded the diagnosis of DMII the VA might very well say you had it before the DMII and not connect it. The VA did this with my PN even though I had the high glucose levels before the actual diagnosis of DMII. I got sc'ed for the PN eventually. Keep trying and don't give up!