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?

thx Pete53...it was found within the year..it was 4 months after and found during a VA comp and pension exam...

just received my decision back from the VA and all of my claims were denied. I have a good handle on what I should do to appeal them except on bilateral pes plantus. I was having knee pain and back pain when I out-processed from Iraq. I complained of it. I was given a VA comp exam 4 months later in August. The VA doctor diagnosed; knee and back strain bilateral pes plantus high blood pressure tinnitus I did not know I had these problems. If the VA found them 4 months after active duty can I claim these as presumptive? Hill

thx pr...

I filed a CUE in 2011 with a service officer for my knee and back. In 2004 I had a C & P for my knee and back. I was denied, the VA said I failed to appear for the C & P which is why my claim was denied. I didn't think I could do much until a friend said I had a CUE because the VA denied my claim when I had proof of the C & P. During that C & P the doctor found four other issues that I didn't know I had; high blood pressurer, tinnituis, polyp, flat feet. I just received a VCAA where the VA stated, "We are unable to process your claim for a CUE at this time"...they site a case "Russell and Collins v. Principi..saying "we will take no further action at this time because your recent communication does not meet the above criteria...meaning the case they cited.. my question... 1. is there anything I can do for the blood pressure, tinnitis, polyp and flat feet that the VA did not do anything about since 2004? 2. should I seek help to re-submit my CUE?

anyone ever heard of a VA doctor committing someone to SATT for PTSD. is this a volunteer thing or can a VA doc force a veteran to go. I know you can be Baker Act'd. A friend VA psy wants him to go to a VA program in St. Pete for his PTSD. He saying he will have to stay a week.

I have been fighting to have my high blood pressure SC'd...just got diagnosis with Arrhythmia. Any advice if this will support my high blood pressure or is this something I can claim? jhilly

I have an appeal pending and then I filed additional claims. I received a call from someone at the regional office this Saturday who asked me to drive to my old national guard unit and get my medical records. She said she sent a request but never got a response and she feels that because the VA doesn't have my medical records to show my injury was caused from my deployment to Iraq, any examine she sends me to now will not help me because the VA doesn't have proof from my deployment in my medical records to connect the injury. She said this seems to be my problem from my past exams. My question is why wasn't these records requested when I originally filed for disability in Apr. 2004. They were not requested when I went to my Gulf War examine either. Will the VA failure to get my medical records hurt me in my process for disability??? jhilly

I applied for clothing allowance but it was denied due to my claim for knee injury being denied. I appealed my knee injury claim. Can I appeal the clothing allowance being denied also so that if I win my appeal I can get back pay for the two years of clothing allowance that has been denied? jhilly

got it..thx everyone.

I called the VA last night to check the status of my claim. The rep that I talked to told me that they could see notes which says "you have an exam at the RO and this claim will be ready for the dcecision board after that". The RO is in Bay Pines Florida. I normally go to Gainesville for my C & P's...I wondering why I would need to go to Bay Pines now???