hypertension Increase Claim Denied

[Charleese]

Hi Everyone,

Posted here the other day about Hartford Regional Office. Well Berta gave us a number and person to call and my husband did. Even though that person didn't call him back he received and e-mail from IRIS stating that Notification was mailed on yesterday. Today we received his decision and everything has been denied. Needless to say my husband is livid over this. They kept this claim for 22 months to deny everything. He has a brace that the VA has given him for his left knee servicer connected condition, which would give him and increase of another 10%. Decision is states "A higher evaluation is not warranted because these findings are not currently shown." As stated above he has a brace that the VA gave him, also at last C&P exam, Doctor changed the originally brace, to the brace that he has now, which is a better brace. Also, my husband gets a clothing allowance because of the wearing of this brace. This was documented in his application for an increase. No where in this Decision does it state that the C&P Doctor states that his condition has gotten worse and he needs a knee replacement and that he is unemployable. Everything he applied for: Right Knee, Left & Right Shoulder, Diabbetes, Hypertension, Bilateral carpal tunnel syndrome, cholsesterol, Gout, and ED were all denied. He gave them ample amount of evidence to prove these conditions, which are conditions that the VA treats him for, as well as private doctors, but they still denied him stating that they didn't occur in the service. My husband stated in his application for increase that his right knee has deteroriated as a result of him compensating for his left knee. Even C&P Doctor agreed with him on this. He has Osteoarthritis/Arthritis/Degenerative Joint Disese in his left & right knee, left & right shoulder. Also, the fact that he stated and attached an Article which states: "In fact, most studies now strongly suggest that carpal tunnel syndrome is primarily associated with medical or physical conditions, such as diabetes, osteoarthritis, etc. My husband has diabetes and is obese. Conditions that can lead to secondary osteoarthritis include obese, repeated trauma or surgery to joint structures,(husband was always falling because knee would lock up on him), gout, diabetes, and other harmone disorders. He let them know that because he was obese, and have stress and pain from left knee injury,high cholestero, hypertension he associated all with his diabetes. They denied all because they say he didn't have when he was in the service. For them to deny him ED because they said it did not happen when he was in the service, is a little bit too much, when they are the ones supplying him with medication for it. Decision goes on to state: You walk with a walker and cane for better weight balance." If they had read his c-file then they would of known that my husband fell last July and injured his whole right side, and because of that fall doctors discovered his spinal chord was damaged and he had a herinated disc wrap around his spinal chord. He had major surgery and had to be operated on immediately. He stayed in the hospital for 40 days. He gave VA a copy of his medical records pertaining to this fall. The surgeon doctor that attended him has writtern a letter stating that he is Permanent and Totally disable and cannot work at that job anymore.

I intend to help him NOD this decision. We are going Monday, to get a copy of his last C&P exam to see exactly what Doctor put in that report. If she didn't put in report about knee replacement and unemployable, then we will write her and ask her why. We also intend to use surgeon's letter as well.

What I need to know is how do we get them to look at all info in his c-file, and all evidence we send them. They overlooked about him having a Brace etc. and didn't report about what C&P Doctor said.

The person who did this claim is the one we made a complaint about through IRIS and I guess this is her way of retailiating by denying everything. How do we prove that all disabilities does not originate in the service, but can happen over periods of times from service connected injuries.

Please help us. Sorry for long Po0st.

Thanks

[Pete53]

If a Veteran has diabetes in service or can prove a link to service they can be service connected for diabetes.

[cowgirl]

Regards SMRs from St Louis, true, many documents were completely destroyed, but many have 'remanants'. Applied for my fathers records a few times over the years. Once or twice got 'destroyed in fire' statement. Saw somewhere on the internet genealogy site, that they recieved some documents when asking 'specifically' for all records associated with a persons military service, asking for personnel records, medical records, entry records, deployment records.

Worked for me too, NARA sent me feedback offering copies for purchase of what they did have on hand, even if not legible or complete. So with a couple of relatives we wanted information on their military involvement. What a goldmine!, the money was small in regards to the information we recieved from the half burnt copies, watermarked and very old difficult to read documents. I believe they microfiched them and have awesome copiers. Just a gamble, but very interesting to define anything and everything we could get our paws on, even though there were no guarantees is all.

Best to ya,

Cowgirl'up2009!

Edited March 27, 2009 by cowgirl

[luvHIM]

If medical evidence warrants the vet as being TDIU as of 2003- in this case- the vet has lost years of TDIU compensation, waiting for the VA to take them up to 70% when their evidence could warrant a TDIU form they file themselves much sooner than that.

Maybe my post was too strong- not MUST-

SHOULD

If a vet doesnt want to file the TDIU form themselves and wants to wait for the VA to send them one -so be it.

I filed my TDIU claim along with everything else back in 2005/2006, when I first stumbled upon hadit. I like many others, would snoop around for info and that was about it. I remember reading a post by Berta that suggested filing the TDIU form even if you are at 0%. Well, I did just that...so guess what...yep...because my conditions were backdated...my TDIU claim will also be backdated. Good advice, is all I'm saying!!! :)

Edited March 27, 2009 by luvHIM

[Berta]

Thank you Luvhim-in the past 7 years other vets here have also followed my advise on that and got TDIU with the best EED they could get.

I advise attaching the 21-8940 form to any NOD too if the evidence could generate a TDIU award.

[deltaj]

Hi Everyone,

Posted here the other day about Hartford Regional Office. Well Berta gave us a number and person to call and my husband did. Even though that person didn't call him back he received and e-mail from IRIS stating that Notification was mailed on yesterday. Today we received his decision and everything has been denied. Needless to say my husband is livid over this. They kept this claim for 22 months to deny everything. He has a brace that the VA has given him for his left knee servicer connected condition, which would give him and increase of another 10%. Decision is states "A higher evaluation is not warranted because these findings are not currently shown." As stated above he has a brace that the VA gave him, also at last C&P exam, Doctor changed the originally brace, to the brace that he has now, which is a better brace. Also, my husband gets a clothing allowance because of the wearing of this brace. This was documented in his application for an increase. No where in this Decision does it state that the C&P Doctor states that his condition has gotten worse and he needs a knee replacement and that he is unemployable. Everything he applied for: Right Knee, Left & Right Shoulder, Diabbetes, Hypertension, Bilateral carpal tunnel syndrome, cholsesterol, Gout, and ED were all denied. He gave them ample amount of evidence to prove these conditions, which are conditions that the VA treats him for, as well as private doctors, but they still denied him stating that they didn't occur in the service. My husband stated in his application for increase that his right knee has deteroriated as a result of him compensating for his left knee. Even C&P Doctor agreed with him on this. He has Osteoarthritis/Arthritis/Degenerative Joint Disese in his left & right knee, left & right shoulder. Also, the fact that he stated and attached an Article which states: "In fact, most studies now strongly suggest that carpal tunnel syndrome is primarily associated with medical or physical conditions, such as diabetes, osteoarthritis, etc. My husband has diabetes and is obese. Conditions that can lead to secondary osteoarthritis include obese, repeated trauma or surgery to joint structures,(husband was always falling because knee would lock up on him), gout, diabetes, and other harmone disorders. He let them know that because he was obese, and have stress and pain from left knee injury,high cholestero, hypertension he associated all with his diabetes. They denied all because they say he didn't have when he was in the service. For them to deny him ED because they said it did not happen when he was in the service, is a little bit too much, when they are the ones supplying him with medication for it. Decision goes on to state: You walk with a walker and cane for better weight balance." If they had read his c-file then they would of known that my husband fell last July and injured his whole right side, and because of that fall doctors discovered his spinal chord was damaged and he had a herinated disc wrap around his spinal chord. He had major surgery and had to be operated on immediately. He stayed in the hospital for 40 days. He gave VA a copy of his medical records pertaining to this fall. The surgeon doctor that attended him has writtern a letter stating that he is Permanent and Totally disable and cannot work at that job anymore.

I intend to help him NOD this decision. We are going Monday, to get a copy of his last C&P exam to see exactly what Doctor put in that report. If she didn't put in report about knee replacement and unemployable, then we will write her and ask her why. We also intend to use surgeon's letter as well.

What I need to know is how do we get them to look at all info in his c-file, and all evidence we send them. They overlooked about him having a Brace etc. and didn't report about what C&P Doctor said.

The person who did this claim is the one we made a complaint about through IRIS and I guess this is her way of retailiating by denying everything. How do we prove that all disabilities does not originate in the service, but can happen over periods of times from service connected injuries.

Please help us. Sorry for long Po0st.

Thanks

It sounds like V.A. has denied service connection for all your husband's disabilities. I suggest that your husband should get some help on his appeal from a service officer at the service organization representing your husband on his claim. If he doesn't have a service officer representing him he needs to appoint the Disabled American Veterans or another service organization to represent him and to help him with his appeal. Someone knowledgable needs to review his service records to determine whether there is any evidence in the service records that these disabilities were incurred or aggravated in service.

[Charleese]

Hi,

My husband has 20 vet friends who had used Disabled American Vets and various Service Organizations in our area and have gotten nowhere with them. It seems that once these organizations get them sc they drop them. They won't put in increases for them, they won't even return their calls. His friends have told him to stay away from these organizations. He said he rather take his chances with us doing it then them. I know this is an up hill battle, but with the Lord's help, I know he will get us through this. Thanks for your reply.