hypertension Hadits First Challenge To The Varo On Rin Am-015

[jbasser]

I just received information from my Congressman that my claim was now being prepared. The VA sent me for a C@P exam 2 weeks ago and It backfired on them again. Doc said Lung condition was at least as likely as not related to SC Cervical Spine. ( Paralyzed Diaphragm)

He also said the Appeal may be moot since the appeal for an IU denial. The reason was that the criteria meets a 100 percent schedular. (Pulmonary Hypertension) It should be P@T.

I have 2 more issues on appeal.

1: EED for Hypertension based on cue and the new criteria for effective dates and recipt of service departmernt records. The CUE was VA lied and said there was no treatment or complaints in the SMR when there was actually 7 out of 10 readings were extremely high.

2: EED for Migraine headaches: Exact same criteria. VA said no complaints or treatment in service.

SMR showed several treatments and complaints.

I am asking for 40 percent retro back to the 1994 Original Date of claim based on recipt of service department records.

The 100 percent should revert back to 08-2005. SSD award date.

I will keep you posted on the outcome as it should be nearing crunch time.

You Vets who live in Kentucky, Ben Chandler is the man.

J

Edited March 28, 2008 by jbasser

[yoggie2]

Yeah Jbasser, i think they(VARO) is going to belly up on this one. The only part I don't get, they are fighting it so hard, maybe so die or give up to save face that they are thoroughly doing their job it was just misunderstanding. See only one way here, just to much hard

SC history.

[Pete53]

Good Luck John have my fingers crossed but looks good from here.

[JR Reihs]

jbasser,

looks good for you brother I hope you get everthing the bums owe you.

I have not delt with Chandler, but that is good info to pass on, now only if we in KY could realy get a Ditch Mitch campain in full swing we would get some progress, KY,s 2 Senators have the worst voting record for Vet's I can find.

[william n]

I feel good vibes on this...i think your on your way, my friend. The best too you!! Peace, William N

[Ricky]

Good luck my friend. What a bunch of doo-doo heads at these RO's and sometimes the BVA and AMC.

The problem is, first and foremost is they are not medically qualified to rate these claims. They are not the doctors they think they are.

Second - all of their "supposed medical" training and expertise comes mostly from Dorland.

Now the Dorland Book of Medicine is a good starting point but they need to do a little more research instead of making it the book of all books.

As an example on my claim for Dejerine-Roussy syndrome resulting from my stroke. I provided three statements from my treating neuro doc along with his three years of neurological testing outlining the effects of my disability. Now the Dorland book provides a two or three sentence definition on Dejerine-Roussy syndrome. I think their copy was a 16th century edition published a bit before Doctor Dejerine and Doctor Roussy. It basically says Dejerine-Roussy is a neurological condition resulting in pain to the effected side. Hmmm... no mention of the other 12-15 disabilities resulting from it.

Now without an exam they denied my claim and quoted Dorland followed by the famous Pain within and of itself is not a disbility blah blah blah...... claimed denied.

With just a little research and reading the information provide by my neuro doc, who has 35 years of experience in the neuro field they would have discovered that such things as sensory ataxia, loss of prepositional sense, hypertia etc, etc, etc go along with it (the very same things the neuro doc told them I had). But no sir, Dorland said........... We are still in appeal 3.5 years later at the RO level.

Like I said idiots, idiots, idiots........ Good luck, maybe the raters copy of Dorland will disappear hahahahahha.

Edited March 29, 2008 by Ricky

[Berta]

GREAT J BAsser- I just read the FR version last night and now cannot find it-

This is technically nothing new but the VA RIN did highlight this entire reg-

and CUES have been won with it- I posted one or two of them here at hadit in the past-

one was for 43 years retro- a small award-maybe just 10% but at 43 years retro-I guess that one added up.