hypertension Claim Denied...retro?

[walt]

I am starting to work on getting service connected again.This time I intend to be as informed I can and

submit a solid claim.I am getting a pension from va.

I have three Questions please. 1)Can I re-open this claim if I have new and convincing evidence,or since I did not appeal will I have to re-file? 2)Will I have the date of protection they speak of or no because I did not appeal? 3) Is there anyway I can find out if in fact the va ever did get my records?I HAVE CONTACTED ST. LOUIS AND THEY TELL ME THEY HAVE MY RECORDS SO I SHALL SEE.

I filed a claim in Feb 2000 and it was denied in March 2001.This is what the denial shows. Evidence---Notice from NPRC that they fowarded veterans service medical records to regional office on Aug 4 2000. These records have not been received. Medical evidence submitted by the veteran--Treatment records from va medical for periodMay 1992-May2000.

The reason for decision states..The veteran has verified service from March 7,1966-Dec 1968 and Aug 10 1971-Aug 29 1975.He reported service from 1976-1981and from May 1983-Oct.1983 however there is no

evidense this was honorable active service.

The veterans service medical records were requested from NPRC March 3 2000. NPRC advised they mailed records Aug.4 2000 but they have not been received.If they aresubsequently received.the claim will be reconsidered with date of claim protection.

The veteran has submitted evidence showing he was examined on July 1 1998 and shown to have hypertension well controlled.Hospital summary from va medical center for period June 6-11 1999 shows the veteran has hypertension.

I have a letter from NPRC saying they had loaned records to va and one from va saying they had not received them.

They denied three other conditions besides the one above. On two of them they They clearly said, veteran has submitted evidence showing I was diagnosedwith the condition and on what date. The dates were periods of active duty.Could it be because of not having verification of the two periods of active service?In the analysis para pertaining to hypertension it states ..Service connection may be granted for a disability which began in military servicr or was caused by some event or experience in service. service connection for hypertension is drnied since this condition neither occurred in nor was caused by service. although service connection may be presumed for hypertension if this condition is manifested to a compensable with a certain peorid after discharge.Service connectionon this basis cannot be favorably considered because there was no evidence showing hypertension was manifested to to a compensable degree within one year following discharge.

[Berta]

You can re-open it with new and material evidence.

But remind them that they said this:

"If they aresubsequently received.the claim will be reconsidered with date of claim protection."

We discussed the recent VA decision regarding newly discovered SMRs as to the EED of claim- it is under the search feature-

"They denied three other conditions besides the one above. On two of them they They clearly said, veteran has submitted evidence showing I was diagnosed with the condition and on what date. The dates were periods of active duty"

I cannot understand why they questioned your type of discharge-

Did they ask for your DD 214 and doesnt it say Honorable?

This is really weird:

"The reason for decision states..The veteran has verified service from March 7,1966-Dec 1968 and Aug 10 1971-Aug 29 1975.He reported service from 1976-1981and from May 1983-Oct.1983 however there is no

evidense this was honorable active service."

Maybe they have you mixed up with another veteran! How could their service period be so different from yours?

You could send the NARA (NPRC)a DD 149 for a correction of your DD 214 if that is wrong but meantime I suggest that you get a good vet rep or service officer -hopefully with an office right in your VARO building to see what the heck is going on here---

I also suggest -since NARA said they have your records - to send them a SF 180 -and get them yourself.

Just go to the NARA web site and they will take you step by step on filling out the SF 180- then print off the bar coded thing, sign, copy and mail it to where they say to.

[walt]

I am starting to work on getting service connected again.This time I intend to be as informed I can and

submit a solid claim.I am getting a pension from va.

I have three Questions please. 1)Can I re-open this claim if I have new and convincing evidence,or since I did not appeal will I have to re-file? 2)Will I have the date of protection they speak of or no because I did not appeal? 3) Is there anyway I can find out if in fact the va ever did get my records?I HAVE CONTACTED ST. LOUIS AND THEY TELL ME THEY HAVE MY RECORDS SO I SHALL SEE.

I filed a claim in Feb 2000 and it was denied in March 2001.This is what the denial shows. Evidence---Notice from NPRC that they fowarded veterans service medical records to regional office on Aug 4 2000. These records have not been received. Medical evidence submitted by the veteran--Treatment records from va medical for periodMay 1992-May2000.

The reason for decision states..The veteran has verified service from March 7,1966-Dec 1968 and Aug 10 1971-Aug 29 1975.He reported service from 1976-1981and from May 1983-Oct.1983 however there is no

evidense this was honorable active service.

The veterans service medical records were requested from NPRC March 3 2000. NPRC advised they mailed records Aug.4 2000 but they have not been received.If they aresubsequently received.the claim will be reconsidered with date of claim protection.

The veteran has submitted evidence showing he was examined on July 1 1998 and shown to have hypertension well controlled.Hospital summary from va medical center for period June 6-11 1999 shows the veteran has hypertension.

I have a letter from NPRC saying they had loaned records to va and one from va saying they had not received them.

They denied three other conditions besides the one above. On two of them they They clearly said, veteran has submitted evidence showing I was diagnosedwith the condition and on what date. The dates were periods of active duty.Could it be because of not having verification of the two periods of active service?In the analysis para pertaining to hypertension it states ..Service connection may be granted for a disability which began in military servicr or was caused by some event or experience in service. service connection for hypertension is drnied since this condition neither occurred in nor was caused by service. although service connection may be presumed for hypertension if this condition is manifested to a compensable with a certain peorid after discharge.Service connectionon this basis cannot be favorably considered because there was no evidence showing hypertension was manifested to to a compensable degree within one year following discharge.

Hi Berta,

I hope I am using this forum correctly as far as replying.

Thank you for answering and Thank you for your help.

Maybe I did not not communicate well.The va in the the denial did not question the type of discharge. What they said was ...The veteran has verified honorable military service from March 7,1966 to Dec,6,1968 and Aug. 10,1971 to Aug.29,1975 .He reported that he was on active duty from 1976 to 1981,and from May to Oct.1983. However, there is no evidence showing this was honorable active service.

I had four periods of active service and I thought I submitted all four of my dd 214 's.Anyway I can assure them it was all honorable service and this time I will make sure they have evidence showing so! On that thought, would submitting all four 214's be considered "new and convincing evidence", since they seem to be saying they did not have the 214's?

I called St. louis and was told I did not have to have the form to get my records . They told me what info to give them... name, dates,ss# etc.and to sign it. That is what I did and am waiting for them to be sent. Was told 4-6 weeks,maybe longer.Would you reccommend sending the form anyway?

Thank you again.

Regards,

Walt

[luvHIM]

3) Is there anyway I can find out if in fact the va ever did get my records?I HAVE CONTACTED ST. LOUIS AND THEY TELL ME THEY HAVE MY RECORDS SO I SHALL SEE.

Complete a VA Form 10-5345a Individaul's Request for a Copy of Their Own Health Information and send it to the VARO you are dealing with. Send SF-180 requesting your service medical records and personnel record from NPRC AGAIN without indicating you have requested them before.

I have a letter from NPRC saying they had loaned records to va and one from va saying they had not received them.

I had this exact same scenario occur with my claim in 2003 (now on appeal). I did what I suggested above. Guess what?! I had SMR's coming from every direction by late 2005, I had my SMR's and just recently got my personnel record, with low and behold, more service medical records. Don't let the VARO downplay this. Persistence is the key here. It might get on our nerves to be jumping through so many hoops. But that breaking you down is what the VARO is hoping happens. Don't give in to that. Keep pressing.

[jbasser]

Walt, in order to get Service connection for Hypertension, One must have medical evidence showing hypertension in service.

The presumptive rule for Hypertension is: within the first year after service discharge the Veteran must show Hypertension that is compensable. That means that the Systolic reading (Top number) must be 160 or higher, or the diastolic (bottom number) must be 100 or higher. 160 / 100 is the threshold for compensation. Either or and not both. The word predominant also comes into play as the readings must be predominatly compensable. it also stated compensable with continuous medication for control.

When I filed for Hypertension, They could not find my records either. It was denied for 10 years until they finally received the records. The still denied it saying the service medical records were negative for any hypertension. Upon review of the records, I caught them in a lie as the record had 9 BP readings, 8 were high and 7 of those 8 were compensable. I was awarded SC for Hypoertension, heart disease and have an EED cue claim on going for Retro back to the original date.

Edited October 28, 2007 by jbasser

[mountain tyme]

jbasser you wrote:

"The presumptive rule for Hypertension is: within the first year after service discharge the Veteran must show Hypertension that is compensable. That means that the Systolic reading (Top number) must be 160 or higher, or the diastolic (bottom number) must be 100 or higher. 160 / 100 is the threshold for compensation. Either or and not both. The word predominant also comes into play as the readings must be predominatly compensable. it also stated compensable with continuous medication for control."

The question I have...if your SMR shows that your B/P has a history of being high...and in the SMR there are two notes that a 5 day B/P is ordered...would that show that the Veteran had hypertentsion...the reason I am asking I helped a Vet put in a claim for hypertension...within his medical records there is a pattern of high blood pressure...(I also noted that more times then not B/P was not even taken during clinic visits not sure why)and on two occassions there was a request for a 5 day take...but I could not find anywhere in the SMR the 5 day results...the vet told me that he remembered having it done but one time he was tdy...the second time the doctor that had the test done left the base (transfered) yet still I would think that the results would be in his records...but I went through them with a fine tooth comb...when he retired out of the military he had a them make a Copy of his SMR...and there are two volume of records...I checked for labs results within the maze of records and I found none...

So I went ahead and filed for him a claim for hypertentsion...I went through his medical records and made a copy of all his B/P readings which were a page full that would be considered high...since he retired from the military he has been treated for hypertension and is on medication to control it.

At the same time that I filed for his hypertension I also filed for gerds, increase for headaches (was rated 0% when he retired), sleep apena.

He received his decision...

10% for Gerds

0% for increase in headaches (tension)

and the hypertension was referred at this time.

Not sure what referred means?

should he refile for hypertension???

thanks

MT

[jbasser]

It may have been inferred. That means they basically have conceeded the fact the Vet had Hypertension in service and are looking for post service Hypertension. If Hypertension is proven in service then it would not be presumptive, It would be direct service connection. The presumptive regs are out the window.

One way to push this one through is to have a Doctor who treated the Veteran look at the BP readings since service separation and make an opinion that his Hypertension started in service.

Also ask the Vet is he has any CAD or other heart disease?

This can be secondary.

Also his headaches may be secondary to Hypertension.

Did they schedule this Vet for a C&P exam?

Edited October 29, 2007 by jbasser