My Htn Claim Was Denied. Any Suggestions?

[bob_abad]

Hi gang,

Received the infamous Manila envelop yesterday, and my HTN claim as secondary to DM-II, and Diabetic Neprhopathy was denied. W/ private doctor IMO too!....sigh...I was sooooo confident for this one to be awarded as IRIS update indicated my claim was recently transferred to the 'authorization'....sigh again...

I even attached the warms.gov note which indicated to grant service connection to HTN claim if I was diagnosed after the DM-II and Diabetic Neprhopathy diagnoses, which was my case.

I was waiting for this HTN claim to be wrapped up so that I can follow up w/ my OSA claim. Now, its going to be a loooooong uphill battle.

QQs?

> Should I now consult or seek help from a DAV or VVA VSO(1st time!) for advice re: how to go forward or pursue this HTN claim onward? Or, is this a losing battle?

> @Sametime, should I proceed w/ OSA reopen claim(3+ decades after discharge)? Was originally denied due to no connection w/ AO exposure. I didn't do a meaningful job on this one as I was just learning the VA claim process back in early Y2007, etc.. I am willing to consult w/ an alternate Sleep Doctor for an IMO(w/ fee). Again, is this worth the effort also?

Hear from you soon. Thanks in advance for your time!

Bartender! Order up, please! 2 shots of Patron Tequila w/ Corona beer on the side....lol..

[john999]

Appeal and ask for a DRO Hearing. I just got a 60% rating for a DMII secondary condition and all I did was appeal.

[Pete53]

John is right.

Good Luck and don't give up.

[bob_abad]

John/Pete,

Thanks for getting back. It is very uplifting, and be focusing on this HTN for now. I will hold off on OSA claim down the road.

This is a new learning curve for me. Needed your advice(step-by-step how to?) on appeal and requesting for DRO hearing.

Where do I start? What form needed, etc??

Looking forward.

[jbasser]

Hi BOB, can you post the reasons and basis used by the RO to deny the HTN claim.

I am confident you will win at the DRO level.

J

[bob_abad]

Here it it. Added ** notations. Please help me out what's my next move. Thanks!

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Service connection for hypertension as secondary to the service-connected disability

of diabetic nephropathy.

Rating Decision of May 2, 2007(**this is from AO initial claim) found that you are not entitled to service connection for Hypertension, based on a review of all of the evidence of record which show no

evidence of hypertension during service nor evidence hypertension as secondary to the

service connected disability of diabetic nephropathy. You were notified of that Decision

by letter of May 11, 2007. You filed a Notice of Disagreement on July 3, 2007, A

Statement of the Case was sent to you on August 29, 2008 but you did not return your

Substantive Appeal (VA Form 1-9). That Decision became final in the absence of a

timely appeal. As such, new and material evidence is required to reopen the claim for

service connection.

**Noteè I requested to cancel the NOD, and submitted instead a Reopen claim for ED & HTN w/ IMO as consulted w/ VSR @VARO. ED was granted.

A claimant may reopen a finally adjudicated claim by submitting new and material

evidence. New evidence means existing evidence not previously submitted to agency

decision makers. Material evidence means existing evidence that, by itself or when

considered with previous evidence of record, relates to an unestablished fact necessary to

substantiate the claim. New and material evidence can be neither cumulative nor

redundant of the evidence of record at the time of the last prior final denial of the claim

sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

Opinion from Dr. (**private PC) was based on incomplete history and is of little or no

probative value. Dr. (**private PC) did not indicate that she reviewed the claims folder and her

opinion appears to be based solely upon your reported history.

** the PC doctor only reviewed my private medical record in which VA has a copy.

The evidence from Dr. (**private PC) M.D. submitted in connection with the current

claim does not constitute new and material evidence because it does not relate to an

unestablished fact necessary to substantiate the claim and does not raise a reasonable

possibility of substantiating the claim. Further, there is still no evidence that

hypertension was incurred in or caused by service or within any applicable presumptive

period.

The evidence submitted by the claimant is considered cumulative; that is, it summarizes

or refers to evidence previously considered and provides no new basis for consideration

of the claim. Therefore, we have no new evidence to consider establishing service

connection. As no new and material evidence has been presented, your claim on this

issue is not reopened and the prior disallowance decision is affirmed.

[Pete53]

Have you searched BVA and CVA for claims granted that are similar to yours.