hypertension Upcoming Traveling Bva Appeal

[Cavtrooper088]

Hi Gang,

I sure could use some advice as I am still pretty new at this and, so far, have done everything on my own w/o help from any of the agencies like VFW/DAV with the exception of the great advice I have received from our forum. Here's my question.

I submitted my initial claim Feb 06, and was awarded 80% disability Apr 07 ( PTSD 70%, DMII 10%, Neck 10%, back 10%) I wrote back appealing the DMII as well as Neuropathy of both legs,tinninitus and hypertension. I won the following increases: DMII 20%, Tinninitus 10% and neuropathy 10% in both legs for a total of 90%. I lost the appeal on increases for the back and neck as well as the hypertension. Bottom line I am 90%.

Along the way I also filed for a review by the traveling BVA board which leads to my question.

I'm thinking of canceling the BVA appointment, and continuing to build my file for a battle further down the road. I think VA has been fair with most of my ratings. I am in pretty good health physically, and don't see any chance of increases that will get me to 100% secular due to VA math. Mentally I am pretty screwed up, but I am still surviving at work (for now) and want to keep working as it is kinda like therapy. I do believe that my days are numbered due to anger management problems, and eventually hope to file IU based on that issue.

I've also requested my C file as well as medical records from VA, but have not received them yet so I'm kinda the blind as to what they're reviewing.

So what are the consequences of me canceling my BVA appointment? I feel like I should cancel in order to clear up the slot for another vet who probably needs it worse right now.

Cavtrooper088.

[Cavtrooper088]

I commend you for considering that maybe another vet would benefit more then you to get into this hearing slot. Thanks Berta, I was hoping you would reply to my question as I have a lot of respect for you as well as the other "old guys" on the forum. You all really do a great service.

With 90% now and being employed- you would not have hard time in my opinion if you ever became unemployed and filed for TDIU.

Hope I don't have to go down the IU road as working helps me keep my sanity. I've had some pretty bad anger management issues at work to include phhsical contact, and am surprised that they keep me around 'cause sometimes I just snap. I work for a company that does a lot of national disaster work such as hurricaine Ike and the Iowa flooding last year. I'm the field team leader and I'm at my best when things are chaotic. During Ike last year we worked 16-18 hours days and slept in our vans for many weeks. We did a great job. Made a lot of money for the company and helped the community as well. My problem starts when things aren't chaotic, and corporate pukes thinking only about this month's P&L start screwing my team. I have three counseling statements all anger managment related in my file already, and one of these days during a slow period they're just going to send me packing.

I was one of the guys who always denied that anything was wrong. I probably would still be that way if my wife (41 years) hadn't told me that I was crazy and if I didn't go to VA then she was leaving me. I didn't think she would leave, but she did bluff me pretty good. She actually went with me to the county VA rep and told him my issues. He was a good man, and got me to open up.

Then again-diabetes can cause heart disease and also HBP -if there is atherosclerotic involvement of arteries directly due to the diabetes.This could lead to serious complications and even death.

But VA only SCs HBP as secondary to DMII with nephropathy present (disease of kidneys) or with a strong medical opinion that the DMII has caused the HBP -with a full medical rationale to include whether the veteran has diabetic cardiomyopathy or atherosclerosis from diabetes - both which can cause HBP but both which would need strong medical association.

This is one of the issues I worry about.

The back and neck increases would need more evidence that they are directly due to your service-I assume that is why they denied.? Actually I have 10%, and I do have service connected evidence. I flew cobras in VN and was shot down twice. We really hit hard the first time and and that's when the neck and back injuries occurred. These injuries were not serious then, nor or they serious now stiffness and pain from time to time. 10% for each is fair.

If you do have medical evidence of the HBP criteria I mentioned and more evidence of the back /neck as related to your service-it certainly would be good to get the proper rating but the % will not increase until you are technically unemployed and ask for TDIU.

BTW you did very well-when I saw they originally awarded you 10% for the DMII that made me angry-

they usually always award 20% and then more only if the DMII has caused complications.

When I took the initial C&P exam I felt like I was in a meat shop LOL It was a real shock for a guy new to the VA system. I had a reading of maybe 118 and had been on the oral medication for about two months. The doctor who I could barely understand said that I had a very mild case. It had been as high as 200 just a few weeks before. Go figure!

Is the back/neck injury due to an inservice accident or event that you can prove?

These traveling BVA reviews take a lot of time waiting for them-

if you have the evidence of any or all of the stuff I mentioned above-I kind of think it is worth your time to keep that hearing slot.

Also something to consider is if you have a spouse or any young children.I think a vet should try to obtain a SC rating for anything in their lifetime that could eventually cause their death.We can never predict what a death certificate will state and even a 10% SC condition could be found as potentially contributory to death. This is the critical issue for me. Although Karen is a year older than me I'm pretty sure she'll out live, and I want to make sure she's taken care of once I'm gone.

(Harris V Derwinski) vet died of heart desease (NCS) and had low SC hearing loss rating.

Widow proved the HL rating was way too low and his HL made him unable to work or due physical exercise, causing him to eat too much ,come sedentary, and develop heart disease-I am oversimplifying this detailed case and the VA ultimately granted her DIC as they determined the veteran's hearing loss (which also involved vertigo and serious balance problems) contributed to the heart disease which caused his death.

Were you awarded the DMII due to Agent Orange? I was. Never had any type of DMII in my family.

Thanks Berta--it is nice to be able to talk about this stuff. I don't do that very well. I really appreciate the hadit family.

Cav

[Cavtrooper088]

If it was me I would go ahead and go to the BVA hearing. You never know how they will rule so it may be to your advantage. If nothing has improved with your conditions then you won't be reduced from your current rating. I say go for it. If you can get a statement on paper from your employer that your anger managment is causing problems on the job, that would be a big help.

Thanks trailblazer, Unfortunately I probably have too many counseling statements for my own good concerning anger management.