To put it bluntly, there may not be enough medical evidence for a 30% rating. The guidance for code 7010 says that the anomalies have to be recorded using ECG or Holter Monitor. It is not based on the number of hospitalizations; it’s based on the number of recorded events. The good news is that you can get a great heart monitor that is pretty discrete from the VA hospital or Military. It’s smaller than the size of your palm and it records all data and it has an app on your phone where you can also report an anomaly you feel and record the symptoms. Then, after a time period, you can send it in for the doctor to review the results. If he wears it for a month and it shows multiple tachycardia events, then the examiners can make an assumption that he has multiple events multiple months of the year, resulting in a 30% rating. I think it would be smart to try to get a monitor and have your son wear it. The data can be recorded on his medical record. I’m not sure if they will accept the data, but Apple Watches have an ECG function that can send the data straight to his doctor. Whether or not he chooses to appeal the findings, at least he will have more data to present.
As for benefits he losing, it’s really only the retirement benefits (base access, MWR access, and Tricare insurance) if he doesn’t get the 30% rating. If I were him, I would apply for P&T TDIU through the VA. He will be making $3k+ a month in tax free compensation for the rest of his life, without fear of a rating decrease. This is also NOT a fixed income so it increases each year when Congress approves fiscal year funding. He will qualify for insurance through SSDI and Medicare and he can get free care through a VA hospital. He can work a small job, if he can, provided he makes less than the annual poverty limit. And then he’ll have all his other benefits like the GI Bill. Many states also waive property taxes for 100% VA rated vets, he can get a VA mortgage with no down payment, and he can use his disability income as regular income for the purposes of getting a mortgage. Not getting the retirement status isn’t the worst thing in the world. Definitely focus on his future and coping with, or reducing, his symptoms. Good luck with whatever he chooses!
DODINST 6130.03, Volume II
MStandards for Military Service: Retention
Section4, Subsection 5.11, Page 18
Line (m.)
“Recurrent syncope or near syncope (including postural orthostatic tachycardia syndrome) that interferes with duty, if no treatable cause is identified or it persists despite conservative therapy.
n. Rheumatic heart disease, if sequelae present.
o. History of spontaneous coronary artery dissection.
p. Surgery of the heart or pericardium with persistent duty limitations.”
VA Code 7010, 38 CFR § 4.104
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7010 Supraventricular arrhythmias: | |
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Paroxysmal atrial fibrillation or other supraventricular tachycardia, with more than four episodes per year documented by ECG or Holter monitor | 30 |
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Permanent atrial fibrillation (lone atrial fibrillation), or; one to four episodes per year of paroxysmal atrial fibrillation or other supraventricular tachycardia documented by ECG or Holter monitor | 10 |
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This is all just what I would, personally, consider. I am not an attorney. You should definitely consult an experienced veteran attorney for further guidance.