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My husband was denied by VA disability for the second time. Should we pursue one more time?
1. He was always cleared for active duty with physicals etc.
2. He was on orders when he went into A-Fib and rushed to a civilian hospital. Discovered he had cardiomyopathy. Cardiomyopathy can be viral etc. They put him on meds.
3. Military took him back to active duty with the meds.
4 Had another episode of cardiomyopathy, but this time issued medical discharge after 16 years of service active military and reserves.
5. First time he applied, denied needed more medical records.
6. We got everything to them and filed an appeal.
7. 13 months later, received second denial. This time they cited that the disease process followed a natural course.
His VA doctor as an O.D. Some say medical doctor with even more training. I am an RN and we've never had one OD on staff at our hospital. Anyway, he's really bummed. He had to have an internal defibrillator implanted this summer, his ejection fraction is low, and he's slipped a bit into heart failure.
We're going to appeal a third time and can we insist that he see a CARDIOLOGIST?
What are your similar stories and outcomes?
I don't mean his VA doctor. I mean the doctor that the VA sent him to to get the medical opinion.
22 Answers
- 420 BunnyLv 61 decade agoFavorite Answer
Should you pursue it one more time? Yes.
BTW
Thank you for your service. We are in your debt.
- 1 decade ago
Yes - FIGHT it!! The VA cannot say that it is not a disability, because he was discharged for it from service. (That's like one government entity saying Yes and another saying No...they can't have conflicting stories. Because if that was the case, then he should have been able to go back into the service and I doubt very seriously they would allow such since they did a Medical Board on him.)
Please, find your nearest state Veterans Commission and take all his papers in and request assistance. They will look through the papers and figure out how to pursue it. The state Veterans Commissions are trained by the VA in how to process paperwork. They will guide you the best.
Added: Trader mentioned the fire in St. Louis, MO. This fire was in 1973 and effected ONLY Veterans where were discharged prior to 1960 and Army and some Air Force were those effected.
Navy Sailor mentioned that it's genetic or lifestyle. This does not mean anything to the VA. If there is a diagnosis of injury or illness in the service AND it still bothers the Veteran post-service then that can be service connected. Now, one thing...High Cholesterol is not a disease, it is a symptom of a disease (usually Coronary Artery Disease). So, the CAD can be service-connected, but not a symptom.
I do have one question. Is your husband being denied service-connection? Or, is your husband rated at 0%?
Good Luck, keep pursuing!!
4 hours ago
Source(s):
USAF Veteran and Veteran Counselor
- usafcmycloudLv 51 decade ago
Yes - FIGHT it!! The VA cannot say that it is not a disability, because he was discharged for it from service. (That's like one government entity saying Yes and another saying No...they can't have conflicting stories. Because if that was the case, then he should have been able to go back into the service and I doubt very seriously they would allow such since they did a Medical Board on him.)
Please, find your nearest state Veterans Commission and take all his papers in and request assistance. They will look through the papers and figure out how to pursue it. The state Veterans Commissions are trained by the VA in how to process paperwork. They will guide you the best.
Added: Trader mentioned the fire in St. Louis, MO. This fire was in 1973 and effected ONLY Veterans where were discharged prior to 1960 and Army and some Air Force were those effected.
Navy Sailor mentioned that it's genetic or lifestyle. This does not mean anything to the VA. If there is a diagnosis of injury or illness in the service AND it still bothers the Veteran post-service then that can be service connected. Now, one thing...High Cholesterol is not a disease, it is a symptom of a disease (usually Coronary Artery Disease). So, the CAD can be service-connected, but not a symptom.
I do have one question. Is your husband being denied service-connection? Or, is your husband rated at 0%?
Good Luck, keep pursuing!!
Source(s): USAF Veteran and Veteran Counselor - Anonymous1 decade ago
The military did not cause this in him. It was not caused by his day to day job. That is why he is not getting rated a disability through the VA. A VA rated disability is something like limited use of your back or knee's due to doing your military job for 16 years. Or having your leg blown off in Iraq and even then I have seen people get only 10% for that. The VA is not an ATM machine that you can just walk up to and demand money from regardless of how badly you want it.
Heart disease is basically a genetic of lifestyle thing. Has nothing to do with his career choice and that is why you are not cashing in on it.
Sorry but he is more likely to get rated for anything else in his medical record besides this. You can appeal untl you turn blue but the same group of doctors that said no the first two times are just going to say no third time.
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- BudLtLv 51 decade ago
Obviously, you have a computer. The answer your looking for is not going to be here, but I bet I can help you. Not knowing what state your in makes this a little harder, but if your smart enough to have that sexy avatar, then your smart enough to continue the research on your own. Every state has a VETERANS ADVOCACY group of one type or another. I would stop asking the people that keep telling you NO, and go around them. Search for Vet Advocacy groups in your area and ask every single person you talk to until you get the results that you so richly deserve. Writing your politicians is a great idea, but only if you don't mind waiting years to hear them tell you "I'm sorry" Start looking for some advocates in your home state and if this gets worse then start asking some vets. Go, start looking right now!
Source(s): Government people will always say no, before they try very hard to help you. You have to be persistant and go over everybodies head. Ask for supervisors, managers, anything you can until you get what you deserve. - Anonymous1 decade ago
Are you "Stuck in Scrubs"? Military doctors are less than the best, otherwise they would not have made a career of it. I was a fighter pilot in Vietnam. Years later, I started having problems which were diagnosed by some doctors as having breathed in Agent Orange. I tried this route and was obviously denied--"too far back" they said. I think you are a nurse, so you could get one your doctor friends to give you an independent opinion. In an election year, you can bet your local rep would take an interest in such an opinion and make political hay from it. That's okay as long as you get what you need. Under Bush, the VA system has eroded--look at shabby Walter Reed. Why shouldn't it--Bush has never had his *** in any kind of combat, yet they Swiftboated Kerry who served honorably. I wish I knew where you lived, but you would never tell me. If you live in CA or NM, I can probably guide you. Bottom Line: DO NOT GIVE UP!!! Let me help! Also, Senator Chuck Hagel, an independent Republican from Nebraska, often bucks Bush on miltary matters, a Vietnam vet himself. Frankly, I hated the military so much I got out asap. Most are hyprocrites. Keep the heat on them! You might try "60 Minutes," Keith Olbermann, Rachel Maddow (rachel@msnbc.com), Larry King, etc. to get your case "out there." John Roberts and his woman partnter on CNN in the morning often take an interest also. BUT BY ALL MEANS, DO IT BEFORE NOV. 4TH. No Republican wants to get caught holding the bag on this one. Also try VFW and the American Legion. You have (I think) my personal email. Let's talk. I also have a doctor living next door; I could let him take a look if you want. I know you've been worried about this for a long time. Jack
Source(s): Been there, Done that. - 1 decade ago
Honestly I think it's a good idea to go at it a 3rd time. The worst thing they would say is "no". Though I have not been through this, but when ever I've had or others have had issues with the military jacking us around, we'd get statesmen (senators etc... for your state) to help out. There's no reason why he shouldn't get a 3rd opinon from a different doc. It might be stressful to do the paper work ALL OVER AGIAN, but it could pay off this time. You should also talk to several different military lawyers, specialists, and/or people in the V/A area.... If they are all giving you different answers, somethings up. Make sure you get their names too when you talk to them. Good luck!
- jeeper_peeper321Lv 71 decade ago
The basic question is
Was his cardiomyopathy, ruled service connected or not ?
If it is not service connected, which heart disease generally is not.
He will not be eligible for VA disability.
VA disability is for those with Service connected disabilities.
So you have to prove or get a Doctor to agree, that something in his military service, caused his cardiomyopathy.
- Anonymous1 decade ago
Try the appeal once more and Demand a visit to a Cardiologist.
If they dont have one in your area... Have them refer you to one out in town.
Next, talk to the JAG. See what their stance is and what help they can give you.
If you feel you are not getting any help at all... As the JAG on instructions on submit a CONGRINT. That will get ALL of the help in the world started.
Is he fully discharged now? Or is he still in?
Based on What Navy Gal is saying, your going to have to prove that his heart condition was caused by the military. That is probably going to be tough to prove without civilian lawyer help!
- FlaggerLv 61 decade ago
I would think a continued appeal process is appropriate.
A letter to your local representitive cannot hurt either.
Ultimately these guys can bring some pressure to bear
on the VA by inquiring regarding this situation.
It is sad that the policies to suppost our military personnel
get so muddled as they go through the channels.
- Anonymous1 decade ago
Are you doing the paperwork yourself or do you have a VA rep helping you? It is always better to have a VA rep because they know exactly what paperwork needs to be filled out. Good luck its a pain in the butt but well worth it.