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Hospital Summary

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carlie

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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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Carlie- I assume they gave a "0" rating for the headaches under NSC in 1980?

But the meds prescribed for the headaches at that time could have reflected enough severity to warrant at least a 10% rating then too?

I think that is a potential CUE too-

The other NSC conditions-

if they were coded NSC at "0" -and have since become service connected-perhaps the medication report at that time would show they too should have been rated higher than "0".

Do you have all treatment records for 1980 ?

There certainly might be something in them that shows severity enough for more than "0".

In a case like this- with some evidence that the "0" should have been higher (for the now SC conditions) I would file a CUE if I were you.

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Berta,

They only rated my Seizures !

All other issues the VA just stated Code 8 : NSC, and listed the Diagnostic Code and Condition it pertained to. On the decision itself the only issue discussed at ALL was my seizures. VA did not even rate the other issues at 0 %. Yet since then

several have been SC'd with VA stating they are direct SC.

Jay,

I am not trying to re-open the claim, I am doing research to cue the old decision.

The only reason I posted about the Hospital Summary and it's regulation is -- because due to that Hospitalization, in itself WAS a re-open.

VA adjudicators ordered the VA Hospital summary from then but they never saw

any of the hospital reports pertaining to medication -- other than for the Seizures.

Walter,

I gladly accept your offer of GOOD LUCK and will use it to turn into

some hard - cold - cash !

Seasons Greeting to All,

carlie

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