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

[Nathan104]

Another thing to consider is, if the Army discharged you with a lump sum because of your knee problem, that is the only money they can recomp. If you received an award for HBP, do not even let them believe they can touch that money! You were discharged for one knee and that's the only money they can recoup if you were to get an increase.

Swan ;)

Swan, thanks for the reply. I didnt know that. So if I get 30% with 10% of it being for the knee, then I get a check for 20% worth and the Army gets the 10% worth every month towards the lump sum? That could help quite a bit. I was thinking the total went every month. Thanks for the info.

[Swan]

Oh and by the way, I was given a lump sum when I was medically discharge and the IRS did take their share but about six months later, all taxes taken were given back. We all know that veterans pay is non taxable. If money is taken out for taxes, do investigate! Again, that was then (1998), this is now!

Swan

;)

[Swan]

Swan, thanks for the reply. I didnt know that. So if I get 30% with 10% of it being for the knee, then I get a check for 20% worth and the Army gets the 10% worth every month towards the lump sum? That could help quite a bit. I was thinking the total went every month. Thanks for the info.

Absolutely! If you get an increase for 100%, all they can recoup for backpay is 10% which you were originally discharged for!

Swan ;)

[john999]

Nathan

If you served in a combat zone I think you are entitled to 2 years of care at the VA after discharge. I think they are BSing you about not being able to be seen at the VA until you are rated. Most vets who go there are probably NSC anyway.

[jimlane1949]

I will throw in a little of what we went through in trying to get my husband service connected for HBP. This was for direct service connection and not as secondary to anything. On his enlistment exam, it showed a good blood pressure reading. He was in the Navy for over 4 years. Two tours in Vietnam. In his SMR's, he was lucky if more than a couple of words were written in his records each time he went to sick bay, much less that they never took a blood pressure reading. On his discharge exam, it showed a high blood pressure reading, but did not actually put the word "hypertension" next to it. My husband told me that in order to get this reading, he had to sit and wait in between blood pressure readings in order for them to get it that low, which according to the AMA and the AHA, it was considered high and should have been monitored. No one told him this. After he got out, he visited a primary care doctor for some other problem and he told him he had HBP and prescribed blood pressure medication. Well, he has been medicated for this ever since. The problem is, when I realized that we could file for his HBP, the original doctors records were no longer available to him. We have been denied on several occasions, not because of the blood pressure reading on his discharge exam, but they stated that the word "hypertension" as a diagnosis was not shown on this exam, therefore, they were denying the claim based on this. They also stated that due to the fact that we could not retrieve his early medical records to show his treatment, then that was another factor taken into account for denying the claim. When he did change doctors, the next doctor did state in his med records that he had previously been treated by Dr. ? for HBP. Since I have been married to him all of these years and have knowledge of his early blood pressure problems, I wrote a letter on his behalf, only to be used as lay evidence and not medical evidence. Didn't seem to help at all. Not even sure they read it.

Well, he finally went to a C & P exam and I got a copy of the results. The exam stated that that it was as least likely as not that his HBP was due to his military service. I was shocked to see it. During the exam and my showing the doctor records that I had to show a nexus, she still didn't seem like she was in our corner. But, we still don't have a decision on this claim yet, so we are still not getting our hopes up. Everything sounds like it is in our favor, but this has happened before, only for the VARO to find something else to come up with to deny the claim.

Hope this short description of what we have had to go through might help someone else. Again, no two claims are alike and while one veteran may not have any problem what so ever with their claim getting approved based on their evidence, another veteran with similar evidence may get turned down. But, a little detailed knowledge from others on how their claim has gone through the process can be of great benefit to others in figuring out how to handle their claims.

mssoup

It is important to keep fighting for the sced benefit. I was diagnosed with hypertension after my return from Vietnam and it took me 3 years 67-70 to finally get it sced and 35 years later I had a heart attack and 2 open heart surgeries. I was raised to 60% because the hypertension was a contributing factor relating to coronary artery disease.

Jim Lane

[Guest Jim S.]

mssoup: You said that your husband was treated for his HBP, but his Drs. records are long gone. If he was being treated, then you needed to get his medication through a Pharmacy, and their records showing treatment would be the next best thing to prove HBP after service years. And If someone took over your old Dr's practice, is supposed to take custody of his records as well. I went to a clinic for a private Dr. for many years after service, and although he can not show treatment for what I needed, when he retired and the clinic closed, my records were sent to the Dr. who took over his patients. It took a little work, but those records may still be out their. If he is deceased, then try to locate a wife or check with the licensing board to find out what happens to his dead files.

good luck.

Jim S. ;)