hypertension Nod Denied

[noelmc]

My husband I have been reading this board since Oct 7th (we joined Nov 06). And have learned so much information. We have followed the ideas and advice from here with some success and am grateful for all the wonderful people that dedicate so much of their time and energy to help other vets. Thank you.

My husband is a Vietnam Vet and when we were at friends funeral (he was a Vietnam Vetage 59) his widow informed us of the Va's benefits and encouraged us to file. Most importantly she brought us to Hadit.

My husband filed Oct 13th. We were notified on Feb.21 by his SO that he was awarded 60%.

20% Diabetes

20% neuropathy legs bil (10 for each)

20% neuropathy hands bil (10 for each)

10% tinnitus

special k award.

Was denied for heart, hypertension.

We requested a reconsideration because they did not look at his Insulin usage or regulation of activities.

We received a letter giving us the option of an appeal or a DRO.

March 29th we opted for the DRO.

April 17th we received a denial for his heart and htn but they did up his DM11 to 40%.

We are very grateful for this and can't believe how fast it has happened. We do believe this was because of the information you have on this board.

We are surprised and disappointed regarding the denial for the heart and htn. We are unsure of how to proceed to connect the heart and htn. We thought we had given them enough information to connect to the DM. The so has been helpful but we have provided him with a ton information gleaned from this board.

My husband could no longer do the work his job required so he was forced to retire early (5 years ago).

Our question is where do we go from here?

Thanks again for everything you do for so many.

[stillhere]

Noel great work- I haven't read this yet but you have helped many by finding this!

Noel, Thank you that is one long read and worth every minute. Every heart patient should read I have a ton of questions for my Dr on may 10th. Thanks, Stillhere

Stillhere- the raters cannot determine what actually caused your heart disease- aside from stating it is due to the DMII.I mean they dont have the medical background to put all that in a decision.

It could be from atherosceloritic involvement that causes the arteries to plug up with plaque- etc-

sometimes called occlusion-best to ask the doctor you have---

this might give more info:

http://www.technion.ac.il/~eilamp/mi.html

Did they rate the heart disease separately from the DMII or lump it all

together?

Berta, I am rated 60% heart secondary to DBII if that is what you mean.

Do you have a copy of the Blue Rating sheet? NO what is a blue sheet?

I have a CUE filed due to the VA's lack of even rating Rod's heart disease as NSC or as if SC under 1151 and now they will need to rate it-when I succeed on the DMII claim-as direct SC.

Although the VA-when I sued -stated his heart disease was ignored, not properly treated and malpracticed on through those medical errors.

[noelmc]

Berta,

I have a BVA case that ordered sc for non-ischemic dilated cardiomyopathy with congestive heart failure as secondary to Type ii diabetes . (which is what my husband has) Is this better than a remand?

Can we use this in our appeal or hearing? If we can; do we need a Dr.'s opinion also? In the Bva case 2 Dr's opined that there is a causal relationship between non-ischemic cardiomyopathy and DMII. They cited current medical reseach from the ACC and the AHA.

Next question: We are wondering about when to file for TDIU. My husband was unable to do his job 5 years ago and had to retire early. Can we request a hearing and file for TDIU?

We were thinking it would be best to get his heart condition sc'd because for many diabetics that is one of the main causes of death. If it is not sc'd there would be no DIC, correct?

Thank you for all of your help. This is one very confusing, overwhelming, picky, detailed oriented process. I was very down in the dumps when we got the last denial, but I'm beginning to get mad and learn how to work with their system.

Noel's bride

[Berta]

If you can obtain the actual citations the BVA doc used- it would help more-but I think you might well need an independent medical opinion from a real doctor- a cardiologist or someone with expertise to support their rationale.

BVA decisions are good references to see how the BVA thinks and applies VA law and I have used their decisions but only with one of my claims- to show the VA what the SMC regs are as to Sec 1151-with 5 cases to support this from BVA lawyers as well as a General Counsel Opinion they have to abide by.

the 5 cases I used were not dependent on medical evidence issues -only the established VA case law that the VARO had to use for my CUE claims.

The VA often says- and I have seen this many many times- that a BVA decision was sent to support the claim but the BVA case is not medically relevant to the claimant-and only relevant to the medical evidence of the veteran who received the decision from the BVA.

I would file for TDIU Yesterday!I will attach the TDIU application.

Also he should apply for SSA if he is still eligible- I think they have a five year requirement- not sure- it is explained at the SSA web site-

The IMO doctor could also render an opinion on his unemployability too and that would cover the TDIU claim as well as secondary issues.

He can add separate page under # 25 and tell them to refer to it- and then tell VA of any other disabilties he has that could be due to service and also how his medications affect his ability to work- such as the side affects etc.

TDIU_form.pdf

[noelmc]

Berta,

Thanks for the TDIU form. It's already printed and will be filled out immediately. Do we send the form in with the va FORM 9 REQUESTING A HEARING?

SSA: He applied on the net and received ssd first try with only one telphone call lasting 10min. ( was within 1 month of the 5 year rule) We applied after learning the info from this board.

What is a Blue rating sheet?

(I don't understand what adding a page under #25 is about. I can't figure out how to highlight what you wrote. He can add separate page under # 25 and tell them to refer to it- and then tell VA of any other disabilties he has that could be due to service and also how his medications affect his ability to work- such as the side affects etc)

Thanks again

[Pete53]

Be sure and tell VA that your husband was awarded Social Security Disability

[Berta]

Pete is right!

What I meant was under # 18 check yes- then under # 25 Remarks state that he receives SSA and his SSA award is for the claimed SC condition.

There isnt much room there so then you can state Please refer to the additional attached statement in support of this TDIU claim-

Attach another sheet with name, address , C file number on it-

restate that his SSA award letter is available and that the SSA records should be obtained in support of this TDIU claim.

Add any other information that would help such as any side affects he has from his meds that would compromise employability-

and if Voc Rehab ever turned him down due to his SC tell them that too.

The I-9 -I posted a topic on how the first page of the I-9 should be filled out- under search here at hadit-

I would send the TDIU as separate from the I-9 and get tracking PO slips for both submissions.

It seems they rated overall at 60% ?

I meant the Blue Rating sheet which your vet rep would have copy of- that might tell a little more then the rating statement you got with the decision-

As long as the SC award is clearly for either a SSA condition or secondary condition directly due to the SC one- that award is golden!

It not only contains in the SSA records- an indepnedent medical opinion- it is also evidence of unemployabil;ity (TDIU) due to service.

I suggest-there might be quite a copy fee for this dont know- that you try to obtain copies of the SSA records yourself and submit them to the VA.

Perhaps just the medical determination records would do instead of the whole shibang-as it could include VA records which you already have- Unless the VA sends you the SSA records authorization form and takes the steps to actually get them themselves.If they do it pays to check the status with your rep as to those SSA records.To make sure VA really gets them.