jhilly

thx all.....I can swear that I read a law that says the VA has a duty to provide complete medical exams for claims but maybe I am wrong. I am thankful for all of you who responded, I will keep you posted on my results.

thank you GBArmy...

I won my CUE but the VA gave me 0% from 2004 - 2009, then 10% 2009 to current. Is there a CFR that the VA must provide complete medical exams during C & P's...I got the 0% because the VA said I did not have xrays. I think they should have provided xrays during the C & P...I had to pay for my own xrays in 2009...I won the CUE because the VA said in there 2004 decision, in their Statement of Case that I failed to go to that C & P....I provided a copy of that C & P where I was diagnosed with several disabilities; High blood pressure Chronic low back strain Chronic left knee strain flat feet tinnities (VA granted this CUE back to 2004 at 10% which is fair in my mind) Also, what is the law of the percentage for blood pressure? 1st C & P said 170/110 left arm, then 166/110 right arm: but only two readings and I think they should taken three...second C & P said 160/100 three times on the same arm...BVA service connected me with a diastolic of 100...VA service connected me at 10%.

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

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...

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?

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

thank you carlie...

thx Pete53...Im going to try to get that IMO....I agree, it is eh principal.... thx Pete53...Im going to try to get that IMO....I agree, it is the principal....

thx justrluk...

thx john999....do you recommend one??? do most of them charge like civil ones do, 33%???

I had a c & p in Aug 2004 when I returned from Iraq. I was told that the ringing in my ears is tinnuitus and I complained of hearing loss. I didn't know that was a claim and then the VA denied all my claims in Nov 2004 falsely saying I failed to appear for the c & p. I was never given a hearing test. I thought that was it. After receiving advice I later re-opened my case om 2010. The VA granted me a hearing test which shows hearing loss. Now the VA is saying it is unable to tell when I loss my hearing. Do I have a case because the VA never assisted me in 2004 with this claim and falsely denied all my claim even though I have a copy of that c & p exam? Should I try to see if a doctor will write me a IMO saying "it's as likely as not" I had the hearing loss in 2004, and will that help my case? All of my claims were just sent to BVA so I guess I have a 4 - 5 year wait. jhilly

just rcv'd a letter from the DRO that my Form 9 has been "certified" and is being sent to the BVA....Im hearing that it will take another 4 - 5 years???

are there separate forms to file an appeal to the BVA and NOD to the local office? if so, how can I get an outline to start working on my appeals?