hypertension Soc, Deferred Items And 60 Day Time Limit.

[71M10]

Greetings all:

I received my SOC from the DRO after the hack-job 2^nd C&P physical. In it they state:

Your request for potential hearing as been noted but has not been scheduled because your records will be returned to the medical center for clarification of cervical spine degenerative disc disease being related to the service connected thoracic injury. After that clarification is received, a hearing will be scheduled.

I know the clock is ticking for the substantive appeal (form 9). What I do not know is if I don’t file a form 9, what happens with the cervical spine issue that they are waiting for an opinion on? Will they stop working it and treat it as an abandoned claim or will they issue another decision and generate a fresh SOC/SSOC for that issue only?

Right now my appeal is holding up work on my hypertension and heart disease claim which is potentially a 60%, 20%, and 10% addition to my current 40% for a total rating around 80%. The issues they have denied in the SOC are two 10% items of which one will come back into play in the hypertension claim (urinary frequency).

The hearing note is a hoot since I asked for a hearing prior to a DRO decision being made.

Should I ask for a time extension on the form 9 deadline to 60 days past the decision on my cervical item they have deferred and the hearing that will come after it?

I can always re-file the denied items with some fresh evidence although it resets the effective date clock.

What do you good people think?

Thanks,

Tyler

[Berta]

"The issues they have denied in the SOC are two 10% items of which one will come back into play in the hypertension claim (urinary frequency)."

The I-9 is specifically for what they denied- but I sure hope others chime in here-

It seems they have definitely deferred the Cervical issue.

I would -if I were you- ask for the I-9 extension-

but it would help us to read the whole decision- can you scan it and attach it here with the personal info blocked out?

[Berta]

need to add:

"cervical spine degenerative disc disease being related to the service connected thoracic injury. After that clarification is received, a hearing will be scheduled." did you get a C & P for this yet? It isnt the hack job C & P you just got -is it?

It certainly makes sense that your SC thoracic injury could cause or aggravate the DDD problems.

The VA would have to come up with some medical voodoo to rule out the association.Unless they have solid medical rationale to the contrary.

Then again there are similiar claims at the BVA and it seems the claims can go either way.

What has VA said so far as to the heart disease claim?

[71M10]

need to add:

"cervical spine degenerative disc disease being related to the service connected thoracic injury. After that clarification is received, a hearing will be scheduled." did you get a C & P for this yet? It isnt the hack job C & P you just got -is it?

It certainly makes sense that your SC thoracic injury could cause or aggravate the DDD problems.

The VA would have to come up with some medical voodoo to rule out the association.Unless they have solid medical rationale to the contrary.

Then again there are similiar claims at the BVA and it seems the claims can go either way.

What has VA said so far as to the heart disease claim?

Not much is happening with the hypertension heart disease. They are claiming the appeal is preventing them from working it. I have an in-service diagnosis of hypertension(suprise to me, was never told or treated), 24 out of the 26 BP readings in the SMR's (4 years) are high, 18 years treatment as a civilian, and a heart echo from VA detailing hypertrophy and dilation with a 50% LVEF that was done after a MRI on the spine (done outside VA) suggested cardiomegaly. I think they want to drag this out so that the 12/07 echocardiogram is stale (over year old) and they have an excuse to do a new one which I am sure VA will decide/game to indicate that I have improved.

The two 10's are radicular neuropathy to left peroneal nerve (mild), they havent and continue to evade doing an EMG or Conduction test and the urinary which really belongs on the hypertension claim anyway (more from diuretic than nerve issue).

What do you think the chances of them granting an extension are and if I do appeal are they going to continue to ignore the hypertension/heart claim for the entire time that it takes for the appeal? I dont want to be pennywise and pound foolish. If i can get the urinary on the hypertension claim the other 10% wont make a difference in the end unless the cervical is also denied.

decisions, decisions........

Best regards

Tyler