Jundie

I got the reopen information off of ebennies. Berta, I will email you the original denial.

I have submitted a couple of secondary conditions (nerve damage, depression) for my S/C DJD. I expected the VA to reopen the original DJD even though I didn't request an increase. However, I do not understand why they reopened my original claims for hearing loss and hips that were denied right after I got out of service 11 years ago. Is this normal, are they messing with me or am I completely missing something.

I was a contractor for Intelligence Command (Army) and they required my TC/SCI clearance with Poly. I was in service to the Army as a contractor. So your arguement is that the Army did not know they were hiring a soldier despite having my Social and clearance? All military intellignece jokes aside, the Army has to auithorize you to go in country. The only way your logic would hold up is I lied to the Army about being in the Army.

Thank you for the quick replies. I did find this little gem of information when looking around. Citation Nr: 0306236 Decision Date: 04/01/03 Archive Date: 04/10/03 DOCKET NO. 01-09 745A The veteran's DD-214 shows that he was in the Air Force until June 1, 1999. While the veteran asserts that he started terminal leave from the Air Force on March 8, 1999, he was still on active duty until June 1, 1999, regardless of whether he was on leave or not. So a individual is on active duty while on terminal leave. Then I found this on nolo.com Type of Accidents Covered by Service-Connected Disability When you are active duty, you are considered to be on active duty for 24 hours a day, whether you are technically on duty or off duty at the time, so you can be service-connected for disabilities resulting from almost any type of accident that occurs while you are on active duty. This includes accidents that occur: while travelling to or from leave while on leave, and while on base during off hours. Accidents Occurring on Leave If you are at home on leave and hurt yourself while lifting weights, have a car accident, or slip and fall on the ice, you are eligible for disability compensation if your injuries cause a disability. In short, you are on active duty between the time you enlist and the time you are discharged or separated, regardless of whether you are on leave, on base, in combat, or in a bar. That said, if you are absent without leave (AWOL), you are not considered to be on active duty and will not be compensated for any injuries or illness you incur.

I have read a couple different definitions of what is considered service connected. I have always thought that I could not service connect my PTSD because I was a defense contractor in Iraq not a solider. The VA was nice enough to treat me. Actually they were a little too excited to treat me. I was basically confirming their belief that there were all this veteran contractors out there not getting treatment for PTSD. This was way back in 2005. VA diagnosed with me PTSD. This may be a stretch but I was actually on Terminal Leave from the Army for my first week in Iraq as a Defense contractor. My second day on the ground, Mortar attack that killed 18 detainees. Some expert feedback on this one would really be appreciated.

Jbasser, The decision was March 3rd, 2005.

Currently Service Connected at 40% for Degenerative Joint Disease L4-5 and L5-S1. I have never reopened, appealed or made any new claims since I was originally discharged in 2004. I am looking to reopen a denied claim for hypertension. I am currently prescribed medication to control my hypertension and have been for roughly 8 years. I do not think I meet the requirement for a disability rating above 0%. However, I do not understand why I was denied for service connection in the first place. This is the what the Rating Decision dated on March 3rd, 2005 states: Service connection for hypertension is denied. The previous rating decision revealed you failed to report for VA examination scheduled at VAMC. We have received your current VA examination which notes your blood pressure has remained Normal since your discharge from military service. Your blood pressure readings during the examination are as follows: 138/90, 120/80 and 120/80. The examiner mentioned your blood pressure has been normal and does not require any medication. The prior rating decision established service connection for hypertension at a noncompensable evaluation based on your service medical records. However, the current VA exam findings do not support a diagnosis of hypertension. Service connection is not established for hypertension because no current disability exists. A claim for service connection requires evidence of a current disability, evidence of incurrence or aggravation of a disease or injury in service, and evidence of a nexus, or link, between the in-service injury or disease and the current disability. Evidence received in connection with this claim fails to establish any relationship between the claimed disability(ies) and any disease or injury during military service. A couple of notes: 1) I lived overseas the 2 years after my discharge. I had my VA appointment rescheduled for my Christmas vacation to visit home. I had 4 claims. I was evaluated for all 4 claims on the same day. Two of the four claims do not state that I missed an appointment. I assume that either my new appointment was not entered correctly or it was just easier for somebody to click no show. 2) How does the examiner know my blood pressure has been normal? This was my first time to a VA facility. I lived overseas. My last day in service was April 2nd, 2004. This examine didn't take place until December 20, 2004 3) My military medical clearly states episodes of headaches for 3 days without improvement from OTC pain killers. By the way, I am 24-25 years old at the time of these readings. The year prior to my discharge my Military Medical file has the following BP measurements: Date Systolic Diastolic Notes July 18, 2003 139 93 October 31, 2003 146 93 November 4, 2003 147 95 January 2, 2004 146 91 February 11, 2004 143 91 February 23, 2004 151 99 * Right Arm, Found on 5 Day blood pressure check worksheet February 24, 2004 142 92 * Right Arm, Found on 5 Day blood pressure check worksheet February 25, 2004 139 97 * Right Arm, Found on 5 Day blood pressure check worksheet February 27, 2004 150 90 * Right Arm, Found on 5 Day blood pressure check worksheet February 27, 2004 150 90 Clearly, I met the requirement to be diagnosed with hypertension while in service since I have 3 different readings on 3 different days with a diastolic reading above 90mm. My understanding is that to get a rating over 0% is between 90-100. So really my questions are: Is reopening the claim the best (or only) approach? How do you write a Nexus for this particular issue? Specifically, do I have to prove something happened to me to give me hypertension. It is easy to point to a incident where you rolled your ankle or fell off a tank and were treated for minor injuries at a clinic. Is my question clear? Do I have a shot at making my hypertension service connected? Thank you for your assistance.