Jim,
I talked with you about my AO claim with the VA and was amazed that the VA called to ask if I had anything to add to my claim,,well they approved my ear ringing ,,tinnitus and gave me 10%, they denied everything else except my ischemia,,they are holding that pending a echocardiogram, because at my recent C&P exam by the VA doctor, my blood pressure was normal and the EKG was normal as well
,,well my treading VA doctor had, two years earlier, diagnosed me with atherosclerotic heart disease, which is in the record and has me on Amlodipine which controls my BP,,with out it,,my BP is over 165/90 so of course those tests would be normal and now they are scheduling me for a echocardiogram and then I guess they will deny the ischemia as well. I have peripheral neuropathy but I am only pre-diabetic but the neuropathy is actually secondary to a bad landing at Cam Ranh Bay AB, where my back was fractured,,but I can't prove the incident,,no record of the event,,but I have buddy letters and my surgeon will write a support letter concerning my back and how it relates to military service.,
So I will hear from the VA for a echocardiogram exam and if that shows normal,then what,,It's the Meds!!,,but I don't think they want to hear that,,so much for the ischemic heart disease as a presumptive,,although,,all through the denial letter they concede that I had boots on the ground,,acknowledge AO exposure..so my question is,,if the Va doctor diagnoses me with atherosclerotic heart disease and the "mother ship" VA denies me,,,then who's in charge and what's my recourse,,appeal of course,,but what are my chances,,I don't want to stop the meds so they can get a good look at my heart with out the drugs,,because I afraid I might hurt my self, What do you think,
Reply:
The Regional Office is always in charge. Any physician report is only a part of the picture. Decisions are made at the RO.
If you have not had stents, CABG or a diagnosed heart attack, it's very unlikely you'll be awarded IHD.
We must always remember that disability compensation is meant to pay a monetary bonus to us for a disabling condition. Having a condition is not the same as being disabled by it.
If you have a normal EKG and your echo shows normal heart function (I suspect it will) then just because some doc made an obscure reference to IHD years ago does not mean you are disabled. In fact, most of us over 50 could very likely say we have IHD. It's a fact of our American lifestyle of fast food and so on. The echo will give a fairly accurate reading of how efficiently the pump function of your heart is working. If that number is normal, how can you be awarded money for a disability?
You first have to explain why you believe you deserve disability pay if you aren't physically disabled. Be thankful that you aren't...serious heart disease is not fun to live with.
High blood pressure is just the same. The medications we use today are terrific. They control the BP with few, if any, side effects. Most are inexpensive and when taken daily our blood pressure is perfectly normal. While 165/90 is high, it's on the mild side of high. Most docs aren't terribly concerned until you have steady readings of 220/120 or so...then you have troubles. I've taken BPs of people with 290/150 who seemed very healthy. To have high blood pressure many years after service will not make one eligible for a disability award. HBP is often a simple problem of aging and if it wasn't diagnosed on active duty, it can't be service connected.
Besides...where is the disability from your BP?
If your back was "fractured", didn't you seek medical attention? Why is there no record? As a rule anyone who has a fall or "hard landing" serious enough to actually cause a fracture will need immediate medical attention. If not immediate, they seek care PDQ because that can be very painful and debilitating. If you did not seek medical attention there is little chance VA will award you anything. While "buddy letters" can help support a claim there usually must be some sort of corroborating evidence.
If those letters stated that the buddy was with you, remembers the event and knows when you sought medical treatment or was at medical treatment with you, that may help.
I don't know that a physician can write a letter without evidence to support the writing. If all the doctor can say is that you told him of an in-service back injury but he has no other knowledge of such a thing, any statement by him won't be of much help.
"Pre-diabetic" is another of those conditions of aging. It's hardly disabling. If we consider the definition everyone is pre-diabetic.
In an earlier email you told me "I filed a case regarding hearing loss and tinnitus,and the usual; prostate trouble, ischemia, peripheral neuropathy, diabetes and jaw pain,,well I filed all this in June,,just to see what would stick".
You have scant evidence of ischemia. You do not have diabetes. "Prostate trouble" is not prostate cancer and most men over 50 will have some prostate issues. I can't imagine how would be service connected. You made no case to me for jaw pain so I don't understand that one at all. I see you were awarded the usual 10% for tinnitus, you make no mention of hearing loss so I'll assume your hearing test is normal.
I can't recommend that you pursue any appeal based on what you tell me. To be honest, I would not have recommended that you file for any of these conditions based on the evidence you've offered me.
Some folks would point out to you that the VA has a huge backlog of claims. Some say that at least a part of the backlog is caused by veterans who file a bunch of stuff to "see what sticks" and that makes it very difficult for vets with legitimate claims.
Veterans who need help are suffering while VA tries to catch up and decide their fate. Those same critics would accuse you of gaming the system in hopes of getting some money, not because you are disabled. Your statements give a picture of a guy who is aging and has the conditions of a man getting to be older but otherwise in pretty good health.
If I were you, I'd carefully consider all that before I continued to pursue any more claims.