hypertension C&p Exam Results Seem Favorable.

[OldDave]

I filed for SC for DMII with CAD and hypertension secondary to DMII. I was diagnosed with DMII in 1989 and had a heart attack in 1998. I had my C&P exam on Nov 12th. The exam covered other potential complications of DMII which I hadn't listed in my application. I requested a copy of the exam which I revieved on Nov 28th.

The report comfirmed that I have DMII related to my Viet Nam service. The answer to the question '"Is This a Complication of Diabetes?" was "YES" for the following conditions: CAD, Peripheral Neuropathy to Upper & Lower Extremities, and ED. The answer for Hypertension was "NO". The rational for that conclusion is that I was diagnosed with Hypt at about the same time I was diagnosed with DMII.

This would seem to be good news. However, I realize this is not the final ruleing. Does the RO ever over rule the C&P examiners? Also, could I be compensated for conditions that I did not include in my orginal application?

Thanks for any help with these questions.

[OldDave]

This is often the case with the percentage assigned. But it seemed to me the question was directed toward SC. While it's possible he could be denied SC, I find it doubtfull SC would be denied with a C&P exam confirming diagnoses and nexus.

You are correct that RO's tend to lowball ratings regardless of medical opinion.

Thanks to all for your help. If I'm reading everything correctly, the C&P report should point to a 20% rating for DMII and 30% for CAD. The Peripheral Neuropathy and ED is a little harder to pin down. I can't find anything in the Schedule of Ratings that match the wording in the report. If the SC or ratings come in below what I think it should be, or the HBP is denied, could be handled through a NOD or would I have to file an appeal?

[LarryJ]

nod

[Ricky]

Ro's can not over rule medical doctors. However, they do have the authority to assign specific weight to medical evidence received in the claim. The problem with this is when there are two or more medical statements in the claims folder. The rater then places weight on the most believable evidence which is determined by the rational used by the doctors.

Now with that said they more likely than not will assign more weight to a report issued by a C&P doctor. With the situation at hand I have not seen them not service connect things such as you are claiming so you will be ok with the service connection part.

On the ratings anything goes. You will just have to wait and see. If you do not like the rating given then you will have to NOD them. A NOD is an appeal. It is the first step in the appeals process and is commonly referred to as the informal step in the appeals process. If the NOD fails to produce the results you want then you have to formalize the appeal by filing the form 9. Hopefully you will successful during the informal process (NOD). Just watch your timelines as VA becomes the master of death if you miss a "required to act on date" during the process. Good Luck.

[john999]

Disabled vet

Your claim shows that not everything is rosey at the VARO/BVA/COVA. Many here have and are waiting years for a decision while they languish. I bet things will only get worse with hordes of new vets filing claims.