hypertension hypertension

[jhilly]

The BVA granted me service connection for hypertension with "3 blood pressure readings of 110 diastolically" from 2004. My local office here in Florida gave me 10% from 2010. I thought I read somewhere that a 110 diastolic reading was 20%? Also, if the order from the BVA says 2004 why wouldn't my local office show service connection from 2004, rather than 2010 as they have?

 

jhilly

[Berta]

Here is the decision:

http://www.va.gov/vetapp15/Files4/1530579.tx

When did you file for the HBP?

 

[jbasser]

They will but get ready for a low ball. the 110 has to be predominant.

 

J

[jhilly]

do you know where I can find the law on the 110%...not sure if I should file a NOD on the connection date and back pay...or request re-consideration?

[Berta]

It should be found in the VASRD (VA Schedule of Rating Disabilities) , here at hadit.

You could find it via the diagnostic code for HBP and that info is found under either the name of the disability or under the diagnositc code list for it.

Can you give us the BVA Docket and Citation Number?

Was 2010 the first date of this claim being filed?

Was the 2004 date when you got out of the military?

Was this a chronic presumptive award?

Edited October 9, 2015 by Berta

[jhilly]

thx for responding Berta...the docket number is 14-02 999...here is what it says exactly..

On service examination in March 2004, the Veteran's blood pressure was 135/57. A VA examiner noted in March 2010 that the Veteran's hypertension was less likely than not caused by his service. However, a VA examination report from August 2004, within 1 year of the Veteran's service separation, contains a diagnosis of essential hypertension and indicates that 3 blood pressure readings at that time were 110 diastolically. Under 38 CFR 4.104, Diagnostic Code 7101 (2014), this was hypertension manifest to a degree of 10 percent or more. Since it appears that the Veteran had hypertension manifest to a compensable degree within 1 year of service separation, service connection is warranted for his hypertension on a presumptive service connection basis.

 

same for tinnitus...for bilateral pes planus it says "the Board finds that service connection is warranted for the Veteran's pes planus as having its onset in service".....which was in 2004 but the Florida regional office service connected all three in 2010, and back paid me til 2010 rather than 2004 when these disabilities were found during that C& P exam...

 

[jhilly]

I filed in 2009....but I thought that since the VA found it in 2004 it would be granted then???