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Service Connected Disability

  1. All, Just was looking at my disabilities on eBenefits. In 2016 I did a new claim for heart disease as I was service connected for hypertension in 2008 and after a lot of reading and looking at my old med records it appeared to me that I probably had heart disease back in 08 and should have claimed it then but I was just a Soldier back then and not a doctor like I pretend to be know. LOL. Here is what is posted regards my heart in eBenefits currently; hypertension..................................................................................................................................0% Service Connedted 08/19/2008 >tricuspid regurgitation (also claimed as heart disease).................................................................Not Service Connected >hypertensive heart disease (also claimed as concentric left ventricular hypertrophy).................30% Service Connected 05/10/2016 Now in my med records I have/had evidence of LVH (enlarged left ventricle) and subsequenlty was granted the 30% secondary to HBP accordingly. Now also in my med records was tricuspid regurgitation on at least 3 ECG's from active service. Now my question is not that I think I should get more comp for the tricuspid regurgitation, as probably the heart disease trumps that, but why not Service Connected at 0%. I don't understand the "Not Service Connected". Seems the same evidence proves both? My hypertension is SC'd at 0% because it is controlled by meds which is correct. FWIW. Anyway, just wondering, Hamslice
  2. Hi everyone. I have a question regarding tinnitus. I filed last year and was denied without a C&P exam. I spent most of my career on the admin side due to what civilians call medical malpractice at an Air Force hospital. So, other than a short tour in Bosnia, no combat experience that could have caused it. I would like to know if tinnitus could be secondary to one of my other disabilities. Please don't get me wrong, I don't want anything I'm not entitled to, but I've had ringing in my ears for as long as I can remember so if it is service connected, I'd like the VA to rate it. I am currently rated for: MDD-70% Sleep Apnea-50% Sciatica, Right-40% BPH-40% Tracheotomy Scar-30% (this, and everything related to it, is where they really screwed me up) Sciatica, Left-20% right medial epicondylitis-10% GERD-10% Allergic Rhinitis-10% Sinusitis-10% (secondary to rhinitis) Deviated Septum-10% Hypertension-0% Left thumb scar-0% Meds currently include Divalproex, Bupropion, Lisinopril/HCTZ, Nexuim, Atorvastatin, Hydroxyzine Pamoate, and Tamulosin. I apologize for the length of this. Like I said, if tinnitus isn't tied to any of this, fine. But if it is, I'd like that service connection documented. Thanks everyone.
  3. I just had two C&P exams this morning and am trying to keep a positive mindset, but the glass looks half empty to me. Maybe someone else can offer some insight on my situation. Since April, I have been rated at 60%; 50% for PTSD and 10% for tinnitus. The claims process for those went pretty smoothly, really, and I was awarded my disability ratings in very short time. I have since then filed three additional claims. My intent to file was back in April, but I submitted the claims on July 25. These three claims are for hypertension secondary to PTSD, sleep apnea secondary to PTSD and for hearing loss. Today I had my C&P exams for the hearing loss and hypertension. I have heard nothing about scheduling a C&P for the sleep apnea. My first exam this morning was for hypertension. I was diagnosed with hypertension, by a private doctor, about 4 years ago and have been on medication since then and am currently being treated by the VA for my hypertension. My hypertension isn't very severe, but it is outside of normal parameters and has been this way consistently for quite a few years. Even though I wasn't officially diagnosed until 2013, I have (and submitted) evidence of prior medical records that show high blood pressure readings well before my actual diagnosis. I don't think I meet the criteria for anything more than a 0% rating, but that's all I really want, or need. I believe I have bradycardia (abnormally low pulse), as a result of my high blood pressure. My blood pressure has always fluctuated and spiked in relation to my PTSD symptoms, so I certainly think the PTSD aggravates my blood pressure, but I don't feel good about my C&P exam from this morning. The doctor was one of the weirdest people I've come across at the VA, so it was hard to get a good read on him. All he did was take my blood pressure 3, or maybe 4, times, all from my right arm, while I was seated. He wanted to know when I was first diagnosed and how many times they had taken my blood pressure during the visit in which I was diagnosed. I told him it was in 2013 and, although I didn't recall how many times they took a blood pressure reading, I did remember how high it was when I was diagnosed. I tried to discuss the evidence I had submitted to support my having actually had high blood pressure before my 2013 diagnosis, but he shut me down. He said anything that I sent in with my claim wasn't his concern. All he was doing was "checking the boxes" on my blood pressure exam and someone else would look at everything that was submitted. This doesn't make sense to me. Isn't the purpose of the C&P exam to look at the evidence, as well render an opinion? I have already been diagnosed with hypertension and am receiving treatment. I'm guessing my blood pressure readings from the C&P exam are within normal parameters...that's what the medication is for. I don't understand the point of putting me through this dog and pony show, but I certainly didn't walk out of there feeling good about it. Next, I had my audiology exam for my hearing loss claim. I just had a audiology exam a little less than 2 months ago from a VA contractor and was subsequently issued hearing aids from the VA about a month ago. As I mentioned earlier, I already receive compensation for tinnitus, so part of me feels like the VA has already conceded that I had sufficient noise exposure in-service to cause damage, but I have also heard of people winning on tinnitus and losing on hearing loss. Since I had just recently had an audiology exam, I was only given an abbreviated C&P exam for my hearing. The audiologist stated that the contractor had not "submitted a full report", or something to that effect, so she only needed to do a partial test today. She asked me a little about my in-service noise exposure, as well as about my civilian occupations. It was over pretty quickly. I didn't feel quite as bad, or confused about that one as the hypertension C&P, but both of them seemed rushed and indifferent. When I got home, I logged in to eBenefits to check on something unrelated and decided to look at my claim status. It had gone from Gathering Evidence to Preparation for Decision, since the last time I had checked on it. How could it be in Preparation for Decision? Mind you, I just had two C&P exams a couple of hours before. There is no way those reports had been sent in and considered already, so it had to have moved to Preparation for Decision a day, or more ago. Since I have not been scheduled for a C&P exam for my SA secondary to PTSD, I suspect now that they don't plan to give me an exam for the sleep apnea. The fact that they'd already moved my claim to Preparation for Decision before my exams leaves me with the impression that my claims are doomed to denial. Realistically, both the hypertension and hearing loss should each be rated at 0%, so that won't get me an increase in disability pay anyway, but a positive decision on the SA would. I also need the 0% ones, though, because of their relationship to other problems I have. I'm a little confused by all of this and am certainly not feeling hopeful about my prospects at this point. Am I jumping to conclusion prematurely, or am I making a reasonable conclusion that things aren't going my way? It's been less than 30 days since my claims were filed and it's already been moved to Preparation for Decision before my C&P exams. I don't know what that means, but it doesn't seem good.
  4. I am still awaiting the notification letter with full details but, according to eBenefits, they have denied my claim for hypertension secondary to PTSD. The basis of my claim was not so much that the PTSD caused the hypertension (although I suspect it may have), but that my PTSD aggravates the hypertension. It looks like the decision was based on the C&P examiners opinion that my hypertension is caused by my weight, rather than my PTSD. His notes do not address the issue of the one aggravating the other. I guess I'll appeal the decision, although I'm not sure how that process works, or really what I'll be able to say, or do, differently to help my case. Below is a redacted copy of the C&P exam notes, if anyone would be so kind as to offer an opinion and/or advice. It bears noting that in his remarks, he states that in 2009 I weighed 160 pounds and my blood pressure was normal. However, I thought 140/90 was the upper threshold of normal. The evidence he is citing reflects a reading of 142/86. Does the VA use a different criteria, because 142 is not normal by generally accepted hypertension parameters. Also, he states that the BP readings used to diagnose are not present, but I did the medical records from when I was diagnosed and they show a reading of 150/110 at that time. So, I would have to say that his statement is factually untrue, based on that the evidence that I submitted. --------------------------- Hypertension Disability Benefits Questionnaire Name of patient/Veteran: Shake-N-Bank Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence Review --------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 1. Diagnosis ------------ Does the Veteran now have or has he/she ever been diagnosed with hypertension or isolated systolic hypertension based on the following criteria: [X] Yes [ ] No [X] Hypertension ICD code: 00 Date of diagnosis: 2013 2. Medical history ------------------ a. Describe the history (including onset and course) of the Veteran's hypertension condition (brief summary): noted to have high blood pressure and begun on medication on 2013. Had normal pressure in 2009 and weight of 160 pounds. b. Does the Veteran's treatment plan include taking continuous medication for hypertension or isolated systolic hypertension? [X] Yes [ ] No If yes, list only those medications used for the diagnosed conditions: lisinopril c. Was the Veteran's initial diagnosis of hypertension or isolated systolic hypertension confirmed by blood pressure (BP) readings taken 2 or more times on at least 3 different days? [ ] Yes [ ] No [X] Unknown d. Does the Veteran have a history of a diastolic BP elevation to predominantly 100 or more? [ ] Yes [X] No 3. Current blood pressure readings ---------------------------------- Systolic Diastolic Blood pressure reading 1: 138 / 82 Date: 8/23/2017 Blood pressure reading 2: 122 / 78 Date: 8/23/2017 Blood pressure reading 3: 126 / 80 Date: 8/2017 Average Blood Pressure Reading: 128 / 80 4. Other pertinent physical findings, complications, conditions, signs, symptoms and scars ----------------------------------------------------------------------- a. Does the Veteran have any other pertinent physical findings, complications, conditions, signs or symptoms related to the conditions listed in the Diagnosis Section above? [X] Yes [ ] No If yes, describe (brief summary): 8/11/2017 209 lb b. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis Section above? [ ] Yes [X] No c. Comments, if any: No response provided 5. Functional impact -------------------- Does the Veteran's hypertension or isolated systolic hypertension impact his or her ability to work? [ ] Yes [X] No 6. Remarks, if any ------------------ No remarks provided. **************************************************************************** Medical Opinion Disability Benefits Questionnaire Name of patient/Veteran: Shake-N-Bake ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence Review --------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS MEDICAL OPINION SUMMARY ----------------------- RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: relation of hypertension to PTSD b. Indicate type of exam for which opinion has been requested: hypertension TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] b. The condition claimed is less likely than not (less than 50% probability) proximately due to or the result of the Veteran's service connected condition. c. Rationale: The pressures used to diagnose hypertension are not available but apparently were there in 2013 when he was started on medication. He has gained nearly 40 pounds of weight since 23009. This is the most likely caused of his hypertension and the PTSD is less likely than not. ************************************************************************* /es/ FRANCIS M REMBERT MD
  5. All, Went to my Cardiologist today, after I got my lab results back from my recent VA clinic visit. The doc from the VA and my Cardiologist have agreed to put me on Lipitor because of my high LDL. My LDL number is 125 which was not terrible, but now they have lowered that number for people like me with heart disease. Now they are looking at 70. Never been there since they started testing me in the early 80's. A little background; I was diagnosed for hypertension and hyperlipidemia back in 2004 while on active duty. I was service connected for hypertension at 0% controlled by medicine in 2008. I was service connected for heart disease at 30% secondary to the above hypertension because of LVH in 2016. My question to all of you is, Because I am now taking medication for my high LDL and that it can be attributed to hyperlipidemia; -is high LDL claimable? -is high LD rated seperate from either HBP and or heart disease? -anyone service connected for high LDL or hyperlipidemia?, and or with other heart related issues. Thanks for all the help, Hamslice
  6. Can Type II Diabetes be service connected to Hypertension or pain and nerve meds for other service connected injuries? I have gained a lot of weight in the past couple of years due service connected back and sciatic nerve problems that have pretty much made me bed ridden. Can this be considered a secondary condition to any of these issues.
  7. Hello All, I just seen my c&p exam results. I filed for a loss of organ claim secondary to TCE exposure, from working with TCE for 15 years. Had a nexus from wrii exposure VA doctor saying it was at least as likely as not being exposed to TCE for a prolonged period caused it. My two questions. Dr. David Anaise will do an IMO after I send him all that I have on it. Do you think two against one opinion would turn it in my favor and what form or how do you file for reconsideration instead of two year NOD wait? The examiner basically referred to this website below for his diagnosis for least likely statement. I did smoke pack a day and I am 6' 2" 230 pounds. Thank you please refer to scholarly article, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3012455/ for details. main risk factors for kidney cancer are cigarette smoking, obesity and hypertension. veteran has history of smoking cigarette, and also has obesity. currently there is no evidence that exposures to chemicals including trichlorethylene and other solvents cause or aggravate kidney cancer. the author concluded tghat " casual conclusions are not yet supported " and that " Genetic susceptibility and its interaction with environmental exposures are believed to influence renal cell cancer risk, but limited studies based on candidate gene approaches have not produced conclusive results." therefore, to answer question asked, veteran's kidney cancer is LESS likely related to military service; as there is no definitive evidence that exposures during service caused or aggravated the kidney cancer.
  8. Hello,I am filing for presumptive SC for hypertension; working with VSO and my readings and diagnosis fit within the criteria for disabling (at least 10%) within 1 year of discharge from active duty, but the medical opinion from my c&p states there is no "direct service connection". Has anyone experienced this before? Will the VSR ask for another medical opinion based on presumptive SC or is this how the medical opinions are always worded regardless? Here is verbiage directly from the physician's medical opinion strictly for hypertension: SC:MEDICAL OPINION SUMMARY-----------------------RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Veteran claims hypertension due to illness or event on active duty b. Indicate type of exam for which opinion has been requested: hypertensionTYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICECONNECTION ] b. The condition claimed was less likely than not (less than 50%probability) incurred in or caused by the claimed in-service injury, event or illness. c. Rationale: Review of the STR shows no evidence of the diagnosis ortreatment for hypertension while on a period of active duty. The veteranwasdiagnosed in December 2004 with CHF due to valvular heart disease along with hypertension. MEDICAL OPINION SUMMARY-----------------------RESTATEMENT OF REQUESTED OPINION:a. Opinion from general remarks: Veteran claims hypertension due to illness or event on active dutyb. Indicate type of exam for which opinion has been requested: hypertension TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ]b. The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury, event or illness.c. Rationale: Review of the STR shows no evidence of the diagnosis or treatment for hypertension while on a period of active duty. The veteran was diagnosed in December 2004 with CHF due to valvular heart disease along withhypertension.*******************************************************************
  9. I was awarded 10% for hypertension back in 1997 and was taking vasotec 15 mg. However, after incurring a severe heart condition, and I now take verapamil 240 mg er 1/ day and propafenone hydrochloride 325 mg er 2 / day. I have a pacemaker for bradycardia, supraventricular tachychardia, and sss. I gave up filing for the pacemaker. My va rep said he didn't want to deal with it and my doctors won't give me any type of statements to help me out. So, now I will file alone for my meds. The question is..Do I upload my prescriptions on ebenefits.gov under a new claim or should I find a mental hospital and sign in? Don't think i can take much more of this.
  10. Hello All! I was notified that some day I will be receiving a letter to go to Washington for a hearing for my appeal. I filed for hypertension secondary to chronic pain. Here is a synopsis... Leading up to my first surgery in 1994 done by the Army. I was told to come into the aide station to have my blood pressure recorded. Being a dumb 21 year old Airborne Infantryman I didn't think nothing of it. I went, my pressure was high and it was logged in my medical records. I had my spinal fusion to correct a parachuting accident. Mar 1994, I was discharged because the fusion didn't work. Right before, back to the aide station for blood pressure check-ups. I didn't file for it at discharge cause they don't tell you those things then. 1998 I am put on blood pressure medication and an aspirin at the VA hospital in Pittsburgh. 2003 (roughly) I was 31 and I had a mini-stroke. I went to the VA in Pittsburgh, they couldn't find anything. I move to Texas with my Ex and our kids. Shortly there after, I get a call from the Nuerology Department at the VA. You need to see a Neurologist, we found something. I go see one. The is when I found out about the TIA. I the mean time, I did file for Service Connected for Hypertension and was denied. I figured, screw it. I got the rating I was happy with for me back and knees. The EX leaves and I am taking care of my three kids on my own. My blood pressure is not controlled and neither is my pain. I go to the ER on several occasion, without telling the Triage nurse what is wrong she sees my BP is high and says, "you are in pain." At this point, I am put on double the dose of medication. Due to my blood pressure being high from the chronic back and knee pain. Has anyone out there tried to do this and succeeded? I am concerned with the hearing coming up, who knows when, but this has been on my mind to ask. Thank-you all for any and all input! Jim
  11. I filed a claim for hypertention in april 2015. My claim was denied in Oct.16 stating that it was not sc and no evidence in my medical records. I went through my smr and found over 7 times that my pressure was taking and it read higher than 120 and numerours times in the 140. What should I do now? Any advice is appreciated. Thanks
  12. Is Parkinsonism presumptive as it is in Parkinson's for Viet Nam vets if exposed to herbicides? I recently had a MRI of the head checking for clots. Surprisingly the report came back stating : "MRI head: There is a punctate chronic lacunar infarct of the left caudate head. There is no evidence of hemorrhage, edema, masses, mass effect, midline shift or infarction. The ventricles and sulci are normal in caliber and configuration. Scattered areas of nonspecific periventricular, subcortical and deep white matter T2/FLAIR hyper intensity are in a configuration most suggestive of chronic small vessel ischemic disease. There is no abnormal enhancement after contrast administration. There is no abnormal focus of slowed diffusion. The principal intracranial vascular flow voids are preserved. The dural venous sinuses are patent on MP-RAGE images. " I apparently have some kind of asymptomatic stroke and was not aware of it (lacunar infarct). Also there is the subject of 'white matter' and 'chronic small vessel ischemic disease' Has anyone filed these conditions as secondary? I am SC for IHD, DMII, PTSD. From what I have read the Lacunar Infarct is mostly caused by hypertension.
  13. HI EVERYONE THIS IS MY FIRST POST I DO IN HERE, I AM OIFAND OEF VETERAN, I GOT OUT THE SERVICE IN 2005, I WENT TO THE VA FOR THE FIRST TIME IN 2006, MY PRIMARY DOCTOR DIAGNOSED ME WITH PTSD BACK IN 2006. VA HAS ME AT 80% RATING. I HAD TWO SEPRATE C&P EXAM ONE IN SEPTEMBER 2016 AND ONE ON NOVEMBER 22, 2016, THE ONE FOR SEPTEMBER THE PYSCHIATRIST TOLD ME THAT I HAD PTSD, AND VA SAYS I DONT HAVE PTSD, BUT I WAS FIRST DIAGNOSED IN 2006, SO MY LAST C&P EXAM THE PYSCHIATRIST WROTE ON MY NOTES THAT I HAVE PTSD, MY QUESTION IS WILL I GET A RETRO FROM 2006 OR 2016... bilateral hearing loss 40% unspecified trauma and stressor related disorder with major depressive disorder (previously addressed as major depression) 50% bilateral hearing loss 40% hypertension 10% tinnitus 10%
  14. HELLO EVERYONE MY NAME IS EDGAR I SERVED IN THE ARMY FROM 2002-2005. I AM CURRENTLY AT 80% RATE, RECENTLY IN JULY I GOT AWARED 80% FOR unspecified trauma and stressor related disorder with major depressive disorder (previously addressed as major depression) 50% bilateral hearing loss 40% hypertension 10% tinnitus 10% I have been unemployed since 2015 and when i was awared the 80% in July 2016 the DAV sent me a letter that i could apply for TDIU so i called the DAV and told them that i have not been working since Febuary 2015, i went ahead and submitted a claim for TDIU VA received my claim in July 29, 2016. I had two C&P exams done one in September 2016 and one in November 2016, the first C&P exam was a psychairatrist was at a doctors office that was set up by QTC, that doctor did my evaluation and stated that i have symptom of PTSD, and he recommened me to follow up on this, so then in November my other C&P exam was with the VA doctor there the VA doctor did the evaluation and this is what he put. Please comment on the effect of the Veteran's service connected disabilities on his or her ability to function in an occupational environment and describe any identified functional limitations. Please refrain from opining on if the veteran is unemployable or employable; instead focus and reflect on the functional impairments and how these impairments impact occupational and employment activities. Comment: The veteran is able to function independently and engage in activities of daily living. He is able to drive an automobile and research jobs or prepare for job interviews. However, symptoms of depression and trauma-and stressor-related disorder would negatively impact his motivation. Problems sleeping and tiredness may negatively impact performance and productivity. Irritability may cause interpersonal problems on the job. NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application. \
  15. This is extract from my recent C & P exam for ED. I filed claim in 2012 for ED as secondary to HTN. Denied in 2013 as not service connected, even though started have ED problems before i retired in 2005. 4. Erectile dysfunction ----------------------- Does the Veteran have erectile dysfunction? [X] Yes [ ] No If yes, complete the following section: a. Etiology of erectile dysfunction: htn b. If the Veteran has erectile dysfunction, is it as likely as not (at least a 50% probability) attributable to one of the diagnoses in Section 1, including residuals of treatment for this diagnosis? [X] Yes [ ] No If yes, specify the diagnosis to which the erectile dysfunction is as likely as not attributable: htn c. If the Veteran has erectile dysfunction, is he able to achieve an erection sufficient for penetration and ejaculation without medication? [ ] Yes [X] No If no, has the Veteran used medications for treatment of his erectile dysfunction? [X] Yes [ ] No If yes, is the Veteran able to achieve an erection sufficient for penetration and ejaculation with medication? [ ] Yes [X] No 5. Retrograde ejaculation ------------------------- Does the Veteran have retrograde ejaculation? [ ] Yes [X] No 6. Male reproductive organ infections ------------------------------------- Does the Veteran have a history DBQ GU Male reproductive system: MEDICAL OPINION REQUEST TYPE OF MEDICAL OPINION REQUESTED: Aggravation of a nonservice connected disability by a service connected disability. OPINION REQUESTED: Aggravation of a nonservice connected disability by A service connected disability. Was the Veteran's erectile dysfunction at least as likely as not Aggravated beyond its natural progression by his/her service connected hypertension with pulmonary hypertension? Discussion of above question: The above question requires that the erectile dysfunction exists prior to military service and be aggravated by his hypertension. His erectile dysfunction did not occur until 2005, occurring after his military service, and therefore this does not seem to be the appropriate question. If we stay with the above question the opinion is that his erectile dysfunction was not aggravated by his hypertension and pulmonary heypertension. The more appropriate question is whether the erectile dysfunction is secondary to the hypertension with pulmonary hypertension. Opinion: It is at least as likely as not that the erectile dysfunction Is secondary to his hypertension and pulmonary hypertension. Rationale: The veteran's erectile dysfunction occurred after many Years of hypertension with pulmonary hypertension. Hypertension injures the blood vessels in the penis contributing to erectile dysfunction. The veteran's testosterone was normal in 2011 ruling out hypogonadism as one major alternative cause of erectile dysfunction. Advancing age can also be a major cause but the veteran was diagnosed with erectile dysfunction or possibly 10 years ago when he was somewhat younger. Since the other causes are somewhat less likely it increases the likelihood of hypertension being the most likely cause. Supportive evidence in the veteran's case also is that the urologist's opinion is that it is secondary to his hypertension. This opinion is like several others, in that doctor goes beyond what the VARO is asking to reach a favorable opinion. I am not sure if this is good or bad. Has anyone else had similar experience?
  16. Found this in an appeals search, thought it might be helpful to some: http://www.va.gov/vetapp16/Files4/1627677.txt "The Veteran has current sleep apnea that is the result of obesity that had its onset in service." In fact this person only "approached obesity" "There is no dispute that the Veteran has currently diagnosed hypertension and sleep apnea. The VA examiner attributed these disorders to obesity. The service treatment records document excessive weight in service that at least approached the level of obesity. Obesity was documented only a few months after the Veteran left service and his weight was not reported at the time he left service. This evidence makes it at least as likely as not that the Veteran became obese in service and that the obesity caused the current hypertension and sleep apnea. Resolving reasonable doubt in the Veteran's favor, the criteria for service connection are met. 38 U.S.C.A. § 5107(b) (West 2014)." This literally says, "the Veteran became obese in service"
  17. Sorry if this question/answer is already posted, but I couldn't find it. I have just received 10/05/26 another DRO De Novo denial for increase in PTSD [currently 50% PTSD 10% other] and approval for TDIU. This has been going on for a decade and the local DRO has blatantly ignored 12 years of therapy and VA psych assessments which counter the one C&P doctor's 40min assessment. But my question is; I have been in contact with a lawyer to represent this appeal to BVA. I'm a Vietnam Vet and at 69 I will be 74 by the time the 5 year BVA backlog gets to it. So I need to do this right. I have recently been informed that Hypertension, which I have has since Vietnam can be secondary to PTSD. I also have heart arrhythmia which I read can also be aggravated by hypertension. I've had 4 TIAs since 2007 and my external cardiologist - who has done extensive work on me for over 5 years - I believe will attest to hypertension secondary to PTSD. And maybe other heart diseases. Finally, my questions is should I continue to file the BVA appeal addressing the 10/05/2016 denial issues? Or, should I not file the appeal and submit my hypertension and heart issues as new claims? The most significant problem I see is that if I don't file the BVA appeal claim now, and wait for the DRO decision on the new issues I might be dead, or clearly out of time to file the BVA appeal. Semper Fi! Art
  18. Well, its that time again, wish me luck! Finally put it all together and will be dropping it off at the CVSO tomorrow. 1. Increase rating for right foot plantar fasciitis. Currently 10%, 2008. New issue, cortisone shots and orthotics. 2. Secondary left foot/ankle problems caused by above. Recently diagnosed with; Pain in Joint of Ankle and Foot, Ankle/Foot Instability, Pain in Limb, Difficulty in Walking, Bilateral Hammer Toe, Achilles Tendinitis or Bursitis, Tenosynovitis of Foot and Ankle and decreased Range of Motion. I was prescribed a ankle brace for my left ankle for stability. Dr. also mentions my limp in my first visit note with him, so that cant hurt. 3. Secondary rating for heard disease caused by hypertension (currently rated at 0%, 2008). Recently diagnosed with; Borderline concentric left ventrical hypertrophy and Mild tricuspid regurgitation. I also asked if the heart disease pre-dated the hypertension (I have an irregular EKG from 1999 while in the Army) and if the heart disease should have been found at the time of the hypertension in 2004. That and a bunch of medical records supporting same. So we will see where that takes me. I am currently at a raw 72, so a 10 gets me 80. Which will help. 90 is probably out of reach for me currently as I am doing pretty good and don't see any biggies coming up. I will keep posting any updates I get from the puzzle palace, and of course my up coming C&P's. Thanks for caring, Hamslice P.S. Don't let me forget to call the VA back and schedule my colonoscopy. The bastards want to probe me again......
  19. The VA gave me 60% disability back in 2009 for sleep apnea and pseudofolliculitis barbae. I also submitted a claim for plantar fasciitis which is documented in my medical records but they denied it. I recently submitted another claim for plantar fasciitis again, hypertension (which is documented in my medical record along with my medication. The Va hospital diagnosed me with anxiety and depression I attended the mandatory classes, but the results came back as not being service connected, and I'm really confused and disgusted on their decisions on everything. They did give me a 0% rating service connected for my hypertension. Is there something I'm doing wrong with my claims because I have friends that have less to claim but ended up with more.
  20. Chronic kidney disease secondary to hypertension, was approved for a 60% ratings, two days ago. Which moved me from 80% to 90%. One thing I did notice, is that VARO did screw up my award effective date, they gave me an award date of my BVA remand date of 2013, when the award effective date should have been in 2004. So the award date of my CKD that fight will begin in the next day or so, and I'm in a battle with the VARO right now, over my OSA. So one mission accomplished, and two to go, I will win both, its not going to be easy, I understand that. But the battle goes on, I REFUSE TO QUIT OR GIVE-UP!
  21. The BVA remanded my claim back to VARO, two years ago. The remand order was for VARO to develop and adjudicate my claim, well about a year ago they did adjudicate my hypertension, and about six months ago I had C & P Exams done for my kidney and sleep apnea, so I contact the VARO in June 2016, and reminded them that my remand was about 2 years old, and when were you all going to finish adjudicating it, so they told me, we're trying to get everything together here very shortly. So a month after that, I received a letter in the mail from VARO, stating that we have certified your appeal to the BVA, your records are being transferred to Washington DC. My question is, if the VARO did not adjudicate my kidney disease and sleep apnea, as the BVA remand order clearly stated, aren't the BVA just going to return the claim for those two claim items they fail to adjudicate at the RO. I contact the ro and asked them why didn't they adjudicate the kidney and sleep apnea before returning it to BVA, one of the supervisors over there inform me that we cannot talk about the claim because we no longer have it, I would need to contact BVA if I had any questions.
  22. As of June, my husband received a packet from the VA with his disabilities now reading: coronary artery disease and bypass graft surgery times three 100% Service Connected Agent Orange - Vietnam 02/04/2016 pulmonary hypertension 10% Service Connected 02/04/2016 scar(s) status post coronary artery bypass surgery 0% Service Connected 09/30/2015 bilateral hearing loss 0% Service Connected 09/29/2011 prostatitis Not Service Connected posttraumatic stress disorder 50% Service Connected PTSD PTSD - Combat 12/05/2007 erectile dysfunction 0% Service Connected 04/11/2013 tinnitus 10% Service Connected 09/29/2011 It also showed that a second claim had been filed (not by us) for pulmonary hypertension. Yesterday we received the following Award Amount & Payment Start Date: $3518.97, March 1, 2016, Compensation Rating Adjustment, Special Monthly Compensation Adjustment. It states that "a clear and unmistakable error is found in the evaluation of pulmonary hypertension and an increased evaluation of 100% is established from February 5, 2016. We assigned a permanent 100% disability evaluation for your service connected disability effective February 5, 2016. No examination will be scheduled in the future for your permanent and total disability/disabilities. Your overall or combined rating is 100%." This sounds good but where does that leave the heart condition that was rated 100% in June - at that time, it was not considered a permanent rating with the possibility of another examination in September. I guess my question is whether the hypertension rating will stay permanent even if they change the decision on his heart. Confusing? I'm sorry but we're not sure if we can now rely on the assigned monthly payment. If so, my husband is a very blessed person.
  23. My brother was diagnosed with hypertension and unqualified for duty on his induction exam into the USMC. Two weeks later they took more blood pressure tests, found them normal, and crossed through all of the previous disqualifying remarks. I saw a VA citation where the same thing happened to another veteran, and the board decided they must use the 'final' exam results therefore disallowing hypertension as pre-existing. Am I better off just submitting the hypertension claim as secondary to Diabetes Mellitus II (from exposure to Agent Orange - has current diagnosis)? If they deny it as pre-existing, will they 'automatically' say it is secondary ? By initially claiming it as pre-existing, do I screw up my brother's chances for making a second go at it as secondary? If anyone has any scientific evidence recognized by the VA linking combat trauma to hypertension, this would be appreciated too. Thank you in advance ...
  24. Getting ready to file a new claim for Agent Orange symptoms for my Vietnam Vet brother who was on the ground as USMC rifleman for 9 months, until he was WIA by a grenade booby trap. He was found to have hypertension and his USMC ENTRY physical showed him ineligible to serve -- then they gave him 3 more blood pressure tests and someone scratched threw the 'hypertension' and said ELIGIBLE to serve. His USMC exit physical after recovering from his wounds in 1970 also showed hypertension. In 2008, a physical showed hypertension, along with abnormal EKG with doctor's notes indicating cardio infarction and possible A-fib. I just had a private doctor give him a physical last week and he's diagnosed again with hypertension, and EKG abnormalities, with a referral to a cardiologist. I am still waiting for a copy of his C&P physical exam from April. Is this enough to claim IHD? There is no time limit (from date of discharge) to file for IHD from Agent Orange right ? Also awaiting blood work / diabetes screening and Diabetes Type II claim may be in order as well. Any suggestions / guidance is greatly appreciated.
  25. Under the VRE, I am now being re-evaluated, due to my new evidence/material to my service connection disability. I took a computer related assessment (like a generic ASVAB) testing system. I printed out the report and I am suppose to discuss the information with my case manager. Where can I go, to read and hopefully understand that regulation this falls under? I would like to know what my options are. I would like to go one way, but based on the assessment test, I am only authorized to another way, due to the information (what my case manager stated). Thoughts? 50% Sleep Apnea 10% Tinnitus 0% Hypertension 0% Cognitive Disorder/NOS
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