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Found 1 result

  1. Long time reader, looking for advice/help - I may have screwed up, but last Sept I filed what I was convinced was a slam-dunk CUE. In short, back in 1992 I was rated at 30% for - "Hypertension was diagnosed from 1983 with persistently high blood pressure reading.... Continuous medication is required for control of blood pressure." ... "[Arthrosclerotic] cardiovascular disease with myocardial infarction, four vessel coronary artery bypass grafting and hypertension." Later ratings in 2008 and 2012 used the same language "coronary artery bypass grafting and hypertension." I included copies of my SMR showing several instances (5 shown) where I had multiple readings where I was above the levels authorizing both 10% and 20% ratings and also Note 3 from the VA's rating criteria where it states that "Evaluate hypertension separately from hypertensive heart disease and other types of heart disease." Looked like a shoo-in. In Mar of this year I received the following response - "The Rating Criteria prior to 1998 prohibited granting a separate evaluation for hypertension and heart disease. Hypertension was part of the evaluation criteria for the heart. so it would have been pyramiding to give a separate for the heart and hypertension. While service treatment records show you had a compensable elevated blood pressure readings at the time of the 1992 Rating we were unable to grant a separate compensable evaluation for hypertension and heart disease. The law was changed in 1998 and a separate evaluation for hypertension and heart was allowed. Rating Decision dated January 5. 2012 explained that a separate evaluation for hypertension wasn't warranted unless your symptoms were compensable." OK, I get it, HPT wasn't rated separately until 1998 so I couldn't receive any additional rating until after 1998. The part I don't get is the last sentence. I have to show current symptoms? I was always under the impression that while a rating could and would change due to on-going symptom changes/deteriorations, but that the intitlement had to originally show in the SMR. I definately had not only sufficient symptoms in my records, but also a diagnosis that "Continuous medication is required for control of blood pressure" (this alone should equal a 10% rating.) I haven't been able to address this for the last couple of months due to on-going personal/family issues, but I would like to file a NOD as soon as possible if my reasoning is correct. Am I missing something here? Or are there other factors that I'm missing? Thanks for any help/advice.
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