hypertension New Guy- Middle Of Claim, Have Questions

[Nathan104]

Hello all. I am freshly out of the Army after 8 years of service. Im 27 yo and Ive been out since 1 DEC. I was put out by MEB after knee surgery. Army rated my knee 10% and gave me a large severance pay. I have made my initial claim with the VA for several things including chronic right knee pain patellofemoral syndrome and chondromalacia patella post arthoscopic repair with disfiguring scar, chronic lower back pain with radiating sciatic nerve, Acid Reflux, right hip DJD,achilles tendonitis, hemorroids, bilateral tinnitus,stomach condition with pain,cramping,diahrea. My claim was written up before I got out by a local VA rep. I have had my initial C&P evaluations around the last week of Dec for the listed conditions.

During the first part of Jan, I was diagnosed with high blood pressure and put on Lisinopril. I called the VA and added hypertension to my claim with copies of about 6 pages from my SMR that show in service high blood pressure. Im not sure whether it will matter that I wasnt actually diagnosed with it in service. Hopefully since I am recently out it will still count? Should I send in copies of med records from my Dr's visits on this since Ive been out showing they put me on BP meds? I have not received a C&P appt for that one although I did receive the form letter that they are working on my app for it.

Well, I also suffer from sleeplessness(best I can call it). I had it for the last two years in service. I had a sleep study performed in service and found very mild apnea that they said should not matter. I have been on Ambien for over a year for it and recently had to up my dosage as its getting much worse. I did not claim this based on what they said about the apnea. Im wondering about adding this to my current claim. Ive got what seems like a long list already and have already added the hypertension. I am wondering if by adding this they will look at everything negatively since I have a claim in for so many things. Although so far, everything is documented in the SMR except the actual diagnosis of hypertension.

I have not heard anything since my C&P appts the end of Dec. I have read on here that a copy of these can be obtained through FOIA but not sure where exactly that is? Also wondering if adding the new condition is just pushing my rating determination back further and further? I have no clue how long this will take for the initial rating at the Little Rock AR VARO.

Ive asked many questions already but one more. I know that when I receive my rating, my monthly payments will all go to the army until my severance pay is repaid in full(roughly $47K), then I will begin getting it every month. Ive heard from several people that after getting my VA rating, the lump sum severance pay becomes retroactively tax free? Anyone know any more info on this? Ive had no luck searching IRS or here.

Sorry for such a looong first post and so many question. Thanks for any info and feel free to give me any advice you can offer about the process in general.

On a side note, I have not seen a VA Dr for any of this besides the C&P's. they told me I cant get care there until I get rated. I have 6 months of Tricare coverage though so prefer the civilian Dr anyways.

EDIT- I received a VA form 21-4138 statement in support of claim to fill out. Is this something I need to fill out or is it best to just see what the rating comes back as and then worry about it if an appeal is needed?

Edited February 6, 2006 by Nathan104

[mssoup1]

Jim,

Thanks for your reply. When he changed doctors, no records from the previous doctor went with him. He didn't like the doctor he was seeing, so he just changed doctors and apparently did not ask that any records be transferred. The only thing we could find documented was that this new doctor did note that he had been previously treated for some time for HBP by Dr. ?

This has been 30+ years ago and kinda hard to remember exactly what happened when he transferred doctors. Also, at that time, we knew nothing about filing claims for service connected issues, therefore, it would not have seemed that important at the time. I'm sure that has happened to a lot of veterans and now they wish they had known more at the time and done things differently. But, no one at that time was out there telling Vietnam veterans that if they had problems which could be service connected that they could file a claim and receive compensation for it. Now years later and they need this type of evidence, it is long gone. But, his discharge exam did show a high blood pressure reading and the C & p examiner did relate his current HBP to his military service. Also, the doctor who stated that he had been seeing Dr. ? for some time for HBP should have some bearing on the claim. This in itself should be enough to grant him service connection. But, I have thought before on other issues that all the evidence was in his favor only to have the VARO deny it.

The most you can do is send in everything you can and keep your fingers crossed that you are lucky enough to get a rater who will read the evidence and rate it fairly.

mssoup