Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
Sign in to follow this  
Lorraine

Denied, Disappointed, Confused

Question

Denial of claim states that "the claim for service connection for hypertension remains denied(had filed a claim back in 1979 that was denied because his bp readings, although elevated, did not meet VA criteria for hypertension)) because the evidence submitted is not new and material" (We sent medical records and they obtained medical records for continuous treatment of hypertension since 1980)."Although you submitted evidence to show that your hypertension manifested to a compensable degree....this did not occur within a year from your discharge from military service.""We determined that the following condition(Hypertension) was not related to your military service, so service connection remains denied."

Of interest to those of you with IHD claims due to herbicide exposure(AO), it goes on to state that "we have deferred a decision on your claim for ischemic heart disease based on heribicide exposure. However, this disease has not yet been added to the Dept of VA regs governing diseases presumptively associated with herbicide exposure. In order to add this disease, we must follow a series of legal requirements, including publishing a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requirments have been met. When the process if complete, we will make a determination on your claim and provide you with a notice of our decision.(dated Oct 4, 2010)

We're in the "dumpers" today and my thought is to wait until we get a ruling on the IHD/AO claim and then go from there - keeping in mind the time restriction for filing a NOD.

Anybody have any thoughts? I'm reading through archives related to hypertension claims, but unable to find if the regs apply to bp readings while under treatment or without. My hubby's on numerous meds to keep his bp lowered, can't imagine what it would be untreated - and, is he to go off meds to get higher readings and risk a stroke?? Not wise.

Lorraine

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

This is the VA criteria for Hypertension ratiings:

Hypertension is rated under 38 C.F.R. § 4.104, Diagnostic Code

7101. For purposes of rating under this section, the term

"hypertension" means that the diastolic blood pressure is

predominantly 90mm or greater, and "isolated systolic

hypertension" means that the systolic blood pressure is

predominantly 160mm or greater with a diastolic blood pressure of

less than 90mm. A rating of 10 percent requires diastolic blood

pressure predominantly 100 or more, or systolic blood pressure

predominantly 160 or more, or minimum evaluation for an

individual with a history of diastolic blood pressure

predominantly 100 or more who requires continuous medication for

control. A rating of 20 percent requires diastolic blood

pressure predominantly 110 or more, or systolic blood pressure

predominantly 200 or more. A rating of 40 percent requires

diastolic pressure predominantly 120 or more. A rating of 60

percent requires diastolic blood pressure predominantly 130 or

more."

A key word is "predominant" when the entire clinical HBP record is considered.

They do say his HBP readings were compensable.

Was he treated for HTN in service? Do you have his complete SMRs?

Since he has ischemic heart disease and was obviously exposed to AO (because VA put him into the IHD claim snenario) and if he has IHD to a compensable level , they will rate him and compensate him on that.

What I see missing here is there is no nexus to his service for the HTN and ,if a doctor can state that his HTN is due to his IHD, then a successful claim for IHD would also warrant a secondary rating for the HTN if that falls into a compensable rating.

I suggest that you amend the IHD AO claim to request the HTN as a secondary condition to the IHD.To make sure they don't miss it.Does he have private treatment records?

If so, would his private doctor consider preparing an IMO to show it is as likely as not his IHD has caused his HTN?

It seems completely sensible to think VA should SC HTN (HBP) to ischemic heart disease as secondary but they wont do it unless they have a medical statement that states the link and gives a medical rationale.

Maybe the link has already been documented somewhere in his medical records? Does he have copies of all of them?

VA cannot seem to connect the dots on this type of claim-so we have to give them the evidence to do that- and we do not get anything unless we specifically ask for it.

You could use a 21-5138 and refer them to the deferred decision and it's date and put Attention to : and use the initials that appear in the upper right hand corner where the VARO code number is on the letter they sent.And ask them to amend the IHD claim to include HBP as a secondary condition to the IHD.

Most of us here have been denied,disappointed and confused so don't let this get you both down.

With proof of AO exposure and IHD he is sure to get a compensable rating. The IHD regs are in the Agent Orange forum here.

Did they send him a VCAA letter or ask for copies of any recent METS test results or ECHOS he might have had?

Share this post


Link to post
Share on other sites

Ad


Assuming evidence of IHD, and related conditions, CAD, etc. It's likely that a doctor will be willing to say that they are related without getting into what is "primary" and secondary".

In actual fact, blood pressure (even below compensatable levels) is usually increased as a result of the conditions that eventually result in IHD.

It's common to see the blood pressure drop closer to normal after successful treatment for such things as CAD, etc.

Successful chemical removal of a blood clot (Emergency treatment for/during a heart attack) using TCB often produces a substantial drop in blood pressure.

The usual initial treatment for heart problems (even before they are fully diagnosed) is to treat higher than normal blood pressure. An adult male with blood pressure above normal,

along with some other "minor" symptoms should consider tests to determine the cause of the high blood pressure, and if there is any heart related disease present.

Denial of claim states that "the claim for service connection for hypertension remains denied(had filed a claim back in 1979 that was denied because his bp readings, although elevated, did not meet VA criteria for hypertension)) because the evidence submitted is not new and material" (We sent medical records and they obtained medical records for continuous treatment of hypertension since 1980)."Although you submitted evidence to show that your hypertension manifested to a compensable degree....this did not occur within a year from your discharge from military service.""We determined that the following condition(Hypertension) was not related to your military service, so service connection remains denied."

Of interest to those of you with IHD claims due to herbicide exposure(AO), it goes on to state that "we have deferred a decision on your claim for ischemic heart disease based on heribicide exposure. However, this disease has not yet been added to the Dept of VA regs governing diseases presumptively associated with herbicide exposure. In order to add this disease, we must follow a series of legal requirements, including publishing a notice in the Federal Register. We have begun this process, but are holding your claim until these legal requirments have been met. When the process if complete, we will make a determination on your claim and provide you with a notice of our decision.(dated Oct 4, 2010)

We're in the "dumpers" today and my thought is to wait until we get a ruling on the IHD/AO claim and then go from there - keeping in mind the time restriction for filing a NOD.

Anybody have any thoughts? I'm reading through archives related to hypertension claims, but unable to find if the regs apply to bp readings while under treatment or without. My hubby's on numerous meds to keep his bp lowered, can't imagine what it would be untreated - and, is he to go off meds to get higher readings and risk a stroke?? Not wise.

Lorraine

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines