hypertension Looking For A Weigh In On Bva Decision

[dav_marine72]

Hi Everyone,

As my case grows more complicated everyday I am reviewing my 7 + volumes of evidence. I'm trying to figure out if I have any weight to getting a decision for 10% to go back further than 2008. Here are the facts:

2002 - Submitted for service connection of hypertension secondary to chronic back pain. Denied initially.

2004 - Service connection granted for hypertension secondary to back pain and eczema and an increase for asthma to 30% awarded on August 10, 2004. Oddly enough I received a second letter which was a SOC. That letter explained why I was given 30% for asthma and denied higher ratings for my back, right foot, left foot, and chronic right testicle pain on appeal since 2000. It also denied service connection for a mental condition (Which later was service connected).

2005 - On April 20, 2005 I received a form from the RO asking if I agreed with their decision on the back, right and left foot, chronic testicular pain, hypertension, and eczema. I sent the form back in April 25, 2005 stating I did not agree with any of their decisions.

During the time in between I went into the RO and asked for a status on my case. I was told everything was at the BVA including the hypertension issue.

2008 - The BVA made a decision denying higher ratings for my back, right and left foot, and chronic testicular pain which I appealed to the USCAC.

At that point I went and asked where my eczema and hypertension decisions were. I was told I did not appeal them and they were final decisions. I told the RO I never received another SOC about the hypertension and eczema. They told me I didn't appeal.

So I raised the question of what happened and they put in for increases from 0% for both.

2012 - The BVA increases my hypertension rating to 10% and continues eczema at 0%. They specifically addressed the fact that I was wrong and never appealed the initially ratings. Here is the kicker. They used evidence in my record from 2001 and 2002 to award the 10%. I had been on medication since 1997.

So the question I have is if they used evidence available at the time of service connection to rate me 10% in 2012 is that an error on their part which could be re-opened? I'm not going to chase the eczema because thats not as strong. It just gets me mad I was sending letters to them while the case was at the BVA before their 2008 decision including statements about my hypertension and eczema. At the time I didn't realize they needed to make another decision at the RO before the issue could go to the BVA. Very confusing with all my service connections going on. My back, feet, and right testicle pain are still on appeal from 2000 so that 10% back to 2002 could mean something eventually.

Not sure if this is a true error worthy of bringing up or if I should just eat it and walk away from this one. Thanks in advance.

[Vync]

It could be worth a shot.

What medication have you been on since 1997? hypertension meds, eczema meds, or both?

Did you ever request a copy of your C-file to see for yourself?

This makes me seriously want to go back and review my asthma meds given while my claim was on appeal from 1995-2000. I was awarded 10%, but am pretty sure I was given steroid inhalers that could have increased my rating. Not meaning to hijack your thread, but it is relevant because the VA often overlooks things.

Their statement about you not appealing the initial ratings could be a separate factor from you being on the meds since 1997. I would assume that you being on those meds would be considered an informal claim, but the VA loves to look for excuses to deny.

[Philip Rogers]

_{I agree. I'd go for it. Your decision. jmo}

_pr

[john999]

If there is retro involved even at 10% for a few years it is worth going for it. That would be some thousands of tax free bucks.