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Hospital Summary
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carlie
Hi,
I read a rule that states a hospital summary can be considered an informal claim for re-open or increase, IF the condition contained in the report is the same condition SC has been granted or denied for in the past. 38 CFR 1.57
MY Question:
In a 1978 VARO rating decision, the VARO DID consider the Hospital Summary
as evidence in making their decision. What the VARO DID NOT CONSIDER in making their decision was the RX drugs prescribed to me during that specific hospitialization and what those drugs were prescribed for ( headaches and neck pain ).
Without any consideration of these VA prescribed drugs, part of my claim was denied.
The claim was for Seizures, dizziness, headaches, neck injury, back injury etc...
Seizures were finally granted after a VARO hearing in 1980 at 40 %.
All other issues were listed seperately with individual diagnostic codes and denied under Code 8 as NSC.
About 2 years ago they finally granted headaches at 10 % -- not due to any new evidence but due to the fact a VA doc listed them on a C&P. On this rating decision
VA stated, although the veteran has been SC and receiving medical care for her claimed headaches along with her SC for seizures, it is the decision of the DRO to now rate these two issues seperately using diagnostic codes 8910/8045.
The effective date of this will be the date of the veterans most recent C&P exam.
My goal is trying to get the ED back to the date of my Seizure connection,
of day following seperation.
Thanks, carlie
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