MarkP

It's hypertension. Evidence will be my three medications and a recent run to the ER for high blood pressure. My numbers will be over the minimum numbers required. I guess the VA found "evidence" in my service medical records of hypertension (thus 0% award) even though they said NONE EXISTED! I only requested them continuously for two years. I still haven't gotten them. As long as they got them and they're reviewing them.

Another question. I'm in the legacy system. This form states that by using it I "have to" opt-in to the new Modernization Review System. I'm not sure that's a good decision. I'm not sure. Why all these road blocks?

Ok, I pulled out my paperwork today to request an increase for my hypertension which they service connected me at 0%. I'm on three meds to keep it under control and I meet the requirements for at least 10%, so I'll be getting this together. Now, .. it looks like I need to put this on a VA Form 20-095. Is that correct? I'm feeling "stubborn" today so I need to get this in the mail while I got the energy to do it! Is this the required form? Thanks in advance.

Well at least the original "effective date" is good for any future P&T decision. It would be nice to be able to communicate with a real person at the VA. I can't get a straight answer from anyone. I guess I'll continue to do what "I" think is the right thing and keep submitting. They will at least have to answer it one way or another.

I wasn't looking to get a "back date", just lock in at 100% with chapter 35 for my daughter's college. It has come to my attention that a "deferred decision" is something that lingers and isn't as good as a Final Decision. I understand that and I also understand that no decision is permanent for obvious reasons. I've already applied for the P&T under CUE, but was denied as the VA stated that I cannot do that because my claim is in "Appeal status". So on this one I guess I'm standing by for another C&P exam. I just didn't want to miss any deadlines with the VA.

The denials I had have already passed the 60 day mark so I lose that, but I'm OK with it. They proved to me that they weren't warranted in my case. I'm going to Appeal the 0% to get that information up to date with the VA and as far as the "effective date" I'm good. This was my first filing (May 2018) so there's no asking for an earlier date for me. I do appreciate you responses. As time progresses I get more and more fatigued with all this. The VA counts on it is my guess. There's so many nuances to VA Law and directives its hard to keep track which procedure covers which claim. The VA splinters your claim and each piece of it is covered differently. I had filed a CUE already on my claim and they said it was "in Appeal" so I wasn't understanding that. I had a "deferred decision" and that's what I CUE'd. I realize that for a "deferred decision" I would need a follow-up C&P exam as it was clearly written in the Decision letter. The weird thing was that they did later give me one, but it was for another approved claim. A claim that they never said anything about a C&P exam was needed. Confusing.

I fought a good case. Proved what I wanted to prove, but I'm so fatigued any more. The VA is unable to give straight answers to me and I get "crazy answers" that are obviously false at times. My intentions were to file for the increase on the hypertension as you verified as accurate. I have a zero rating and I'm currently taking 3 medications. Would I file this increase request with supporting documentation to the Intake Center as before? That would be my guess. They seem to keep track of everything to my satisfaction.

I received a favorable decision last November for my NOD. A few things were denied, but my main points were found favorable. I realize I had 60 days to appeal the claims that were denied in the NOD, but my question is do I still have the year to appeal anything else in the decision; specifically, a zero percent rating? I got service connected for hypertension and was given 0%. This claim was one of the weaker claims that I failed to address in more detail. I'm on medications and meet the criteria to be at least 10% for this. So, does the "one year to appeal" cover NOD decisions? I thought it did, but I'm reading up on it now and I'm getting the feeling I don't. Thanks. Mark

It was pointed out to me that I should file a CUE because my final rating decision although at 100% is not "permanent. They left it open for future exams. The person who suggested it just got his P&T rating and no further exams by claiming M-21-1, III.iv.3.B.2.c & d. Basically, because he was over the age of 55. My rating is for 100% for leukemia (CLL) (I know the rating criteria has been updated) and I'm over 55. Looking at the M21-1 and I feel I match four criteria listed. My question would be if the disability Rating Schedule says "perhaps" I will get reexamined in the future thinking I'm going to get cured, would that rating decision take precedent over the M21-1, or 38 CFR? I feel my condition is "static" and I have been getting worse for the past seven years and seven months, I'm over 55, the disability is permanent in character and I'm not likely going to improve, and the evaluation (rating) is the minimum for the DC. This disability is permanent and I'm not going to be cured. There is no cure. I do realize with treatment I could go into remission some day (perhaps) and I'll understand a reevaluation if that occurs. Thoughts?

I'm looking back on my original posts when I started this journey. I do feel blessed that I just received mostly favorable decisions from the VA in a relative short time. First filed in May 2018 and received a final decision in November 2019. In retrospect, I don't think I would have gotten where I'm at today with the VA if I left it up to a VSO. No one can know your case as thorough as the vet themselves. My mantra has always been to ask a lot of questions from those who either have the knowledge or have experienced success in their endeavors. I ended up firing my oncologist and my primary doctor because they (in my opinion) couldn't put their opinions and diagnosis on paper correctly. My 1st oncologist promised me the world. She was a vet and told me how she'd write a paper, etc. The short story is that I got a 7 line paper from her stating their was a NEXUS and also the magic words "more likely than not", but wasn't in depth enough in my opinion. If I had only used her short paper I would not have prevailed. The VA needs a lot of information and the Vet has to ensure they give it to them so there's no question on their conditions. I eventually tracked down a doctor who knew the VA protocol and went to him. All I'm trying to say is be your own advocate, listen to others who have had success stories and educate yourselves on the VA rules.

Tom, your FB page doesn't come up.

Thanks for the replies. Looks like I can't reply to each separately. The A&A is a pension for my father but not service connected. He has no service connected disabilities. A&A was the first time I had dealings with the VA in attempt to help my father. His care level has escalated at this point (He's 80) and the price range now is outside the family's level of finances. I've done all I can do to help him. It's in God's hands now. Thanks for the help.

The question is for my father who has an Aid and Attendance Pension. He's had Aid & Attendance for many years now and he now requires much needed assistance. Bathing, getting dressed, basic hygiene, etc. He also suffers from dementia somewhat. I had thought that he would be able to file an update of need and get placed in a higher category with Aid & Attendance, but from what I'm reading that's not so. Am I missing something. He's not blind, not missing and arms or legs, or doesn't receive a disability from the VA. Is there anything I can help him qualify for at this point? The cost at his assisted living for him just skyrocketed due to the increased care that he needs. Thanks.

Thanks for the comments everyone. It seems I can't reply individually to each of you so I have to reply yo everyone in one "reply". Richard1954: Yes, that verbiage was in the Decision Letter exactly. GBArmy: Agree with your comment. I analyzed the letter for a few hours a did a little research on it. The VA doesn't make it easy to understand these things. I just want to make sure I give the VA everything they request. I guess they have to do their own due diligence to insure I have what I claim. I do see an oncologist every three months to have my blood drawn and analyzed. I'm sure the VA won't want to see any of that paperwork and want their own. The exam will no doubt be a "C&P Exam" and I know how those go. Berta: I have read the code definitions. It looks like I got in right under the wire with the new change. Since the initial rating of RAI 0, I'm pretty sure I'm one more RAI stage higher now with shortness of breath, loss of concentration, etc. Who knows, perhaps the VA has a magic cure! I'll ask when I go in!!!

After battling the VA system for a few years I was granted 100% for Leukemia (chronic lymphocytic leukemia). Prior to December 2018 it was rated at 100% because it was an "active disease", after that date it is now rated at 0% if I'm at the "watch & wait" stage (no chemo, treatment, etc.). The Decision Letter states they have to rate me under the "old" system because my case was filed before the new rating took effect, therefore I'm rated at 100%. The letter goes on to state that my "current evaluation of my chronic lymphocytic leukemia has been deferred as an additional examination is required" as there is "some indications from record that there is a potential of improvement that requires a VA examination to determine the proper evaluation". My question is if this "comment" for a VA Evaluation is from the "old rating system" (which I think it would be) and they want to make sure I'm not "cured" or in "remission".... (?) I'm not sure how to interpret this. I feel good about their rating and decision but don't want to take anything for granted and have the rug pulled out from under my feet. I anticipate another letter at any time informing me to report for a C&P Exam. Thanks for listening.