hypertension Question About A Recent Decision

[CAVMSG]

Hello All,

I will attempt to keep this short and to the point.

I filed a claim Oct 07.

Decision dtd 17 Jan 08 Rated 90% for:

Sleep Apnea:50%

PTSD: 30%

BPH 20%

R shoulder: 20%

L shoulder: 10%

C spine: 10%

L spine:10%

L knee: 10%

Tinnitus: 10%

Bl Hearing loss: 0%

hypertension: 0%

residual bunionectomy: 0%

degenerative changes R ankle: 0%

Spent the next 8 months getting IMO's to refute incorrect C&P/ decisions on: C-Spine, PTSD, residual bunionectomy, degenerative changes R ankle, L knee. Submitted a Request for Reconsideration that was received at BVA 27 Oct 08, this was within one year of my Retirement. I was sent for new C&P for all conditions under the request for review. Claim was adjuticated 6 Mar 09:

Decision dated 6 Mar 09 100%

Sleep Apnea: 50%

PTSD: 50%

BPH: 20%

C Spine: 20%

L shoulder: 10%

L spine: 10%

R Shoulder: 20%

Deg change R ankle: 10%

L knee: 10%

Tinnitus: 10%

residual bunionectomy: 10%

BL Hearing loss: 0%

hypertension: 0%

Getting to my question; I received back pay from VA from Nov 08 through Mar09 for the difference between 90% and 100%, there was a note under "What we decided" "We determined that the following service conditions have worsened, so we granted an increase in your assigned percentages" I question this because in my very detailed Request for a review I explaned very well my case, and submitted the IMO documentation that specifically targeted the areas I was refuting, the second set of C&P's obviously upheld those IMO, hence the increases.

Should not the increase been back to the date of my original claim as I requested the review within 1 year of retirement?

Another note that through me slightly was: "We have assigned an effective date of October, which is the date received your claim. Although you filed your claim within one year of discharge from service, the evidence of the record does not indicate your were entitled to an increased evaluation until this date."

I saw a statement in the CFR that spoke about this, is this VBA's out to paying to an earlier effective date? How do you fight this? It seems to me that this is a grey and since I did not get all of my IMO's within a few months of retirement VBA is saying the conditions had gotten worse and not that they were wrong in applying the correct rating in the initial award.

I have already drafted a DRO request, however have not sent it. I do not want to waste my time if the VA law is not on my side, however, I also do not want to go the rest of my life knowing that I know I was right and out over 20,000.

Looking for a little help from the experts on the forum, for the best course of action, DRO review, straight appeal, or do nothing b/c it's a lost cause.

I thank you in advance for your assistance.

CAVMSG

[mags1023]

CAVMSG:

I understand your apprehension to go against the VA and Social Security at the same time, but you will find the Social Security much easier to handle. The way they have set up the system, you just need to hire one of those SSDI lawyers that you see on your TV everyday or look for someone to refer you to a good one in your area. The wait is sometimes stressful, but the reward is getting what you deserve and have earned. It helps pay the bills. Good luck!

[rentalguy1]

I concur...appeal for a earlier effective date.

[john999]

When in doubt appeal. I just went from 0% to 60% based on my appeal for a vascular disorder. Not a fact was really different except I got to the DRO with my lawyer. Do you take medications for the HBP? How is your HBP controlled?

I think you should include the 0% for the HBP in your appeal. I don't believe there is any such thing as harmless HBP. Try to get a higher rating for the blood pressure. That is the kind of thing that feeds off PTSD and causes long term damage to heart and kidneys. I take blood pressure meds. I think I am going to file a claim for HBP secondary to DMII. You might want to get a stress test for your heart to see if the HBP has done any damage. You don't know until you keel over dead. You have your 100% and now you want to stay alive to enjoy it.

[CAVMSG]

John999,

One thing I left out of my initial post was that at the same time I requested the Review I also submitted claim for, R arm lateral epicondylitis, umbilical hernia, cervical radicuopathy, right arm peripheral neurophathy, as well as ED. All are well grounded in my service records, as well as since retirement. I did not NOD the HBP because while in service and before medication (lisinapril) my BP bottom number was in the high 90's however never in the 10's, since medication now controls it should never encroach those numbers again. I read the CFR under HBP and did not look like I rated more than 0%, if I am mistaken please tell me where to look and I will research.

My rheumatologist is thinking I may have lupus (SLE), lucky (or unlucky for me) this condition is one that has been deemed presumptive and I can certainly demonstrate through medical documentation where it was manefested during the first year following service. I can see I have a long road ahead of me, but and taking it one step at a time.

CAVMSG