hypertension Retro Pay

[mssoup1]

Question anyone.....

We filed a claim a few years ago for hypertension for my husband. He was denied. Basically the C & P examiner wouldn't state that the evidence we presented was enough to service connect him for this. Well, we refiled the claim again, based on our hearing with other claims at the BVA level. We brought up his hypertension and the BVA stated that we should get with the RO to have another review. This C & P exam he got stated that it was as least likely as not that his hypertension was due to his military service. We presented the same evidence as we did the first time we filed, but they denied it then. Now, all of a sudden with the same evidence, this examiner states it is service connected. Can we get them to go back to the original claim that was denied, even though we did not appeal it?

Also, we do not yet have a decision on this claim, but with the C & P examiners opinion, I don't see how they can deny it, but then, we are talking about the VARO who seems to be able to do what ever they waqnt. I might be getting the cart before the horse, but better to have some knowledge in advance in the event there is a problem.

Thanks for your help.

[Guest Berta]

Question anyone.....

We filed a claim a few years ago for hypertension for my husband. He was denied. Basically the C & P examiner wouldn't state that the evidence we presented was enough to service connect him for this. Well, we refiled the claim again, based on our hearing with other claims at the BVA level. We brought up his hypertension and the BVA stated that we should get with the RO to have another review. This C & P exam he got stated that it was as least likely as not that his hypertension was due to his military service. We presented the same evidence as we did the first time we filed, but they denied it then. Now, all of a sudden with the same evidence, this examiner states it is service connected. Can we get them to go back to the original claim that was denied, even though we did not appeal it?

Also, we do not yet have a decision on this claim, but with the C & P examiners opinion, I don't see how they can deny it, but then, we are talking about the VARO who seems to be able to do what ever they waqnt. I might be getting the cart before the horse, but better to have some knowledge in advance in the event there is a problem.

Thanks for your help.

MSSOUP- I think this would fit into the criteria of a CUE claim-

it might depend on when that old denial occurred-

if you go to my blog at hadit there is info there on CUES.

Also if you type in CUE at the BVA search site the denials and successes of CUE claims will both be of a help-

and you will see what I mean-

CUE is a legal error -not a medical one, but can correct an error that denied an original claim.

Here is one of my favorites-

http://www.va.gov/vetapp01/files02/0117428.txt