hypertension Questions Concerning Reconsideration

[Charleese]

Hi everyone,

Most of you stated that my husband should file a claim for Reconsideration for his claim that was denied on 3/5/09. You also said he should file a TDIU claim as well for his 60% sc left knee condition. As you know we are just waiting for his Primary Doctors report to link his diabetes, mumps, ed, hypertension, etc. to do Reconsideration. That report should be coming any day now. We are also waiting for the VA Doctor who did his C&P exam to amend her report to state: “This Veterans Service Connected Left Knee condition contributed to his fall thus causing injury to his back, neck and side", so we can attach to TDIU form and file.

My questions are:

(1) Should we do the Reconsideration With New Evidence (new evidence being Primary Doctors Report and VA Doctor's amended report about back, neck and side, even though back, neck and side were never included in original increase claim that was denied); or

(2) Should we do Reconsideration without mentioning back, neck and side, and do a separate Increase claim for back, neck and side service connecting them to his left knee condition; (VA doctor has already written in C&P exam that his fall is as least as likely as not because of weakness and locking of left knee.); and

(3) Should TDIU claim be filed at the same time as Increase claim for back, neck and side. We read on another site that say once you file for TDIU, and TDIU is granted that you shouldn't file for an increase of anything else, because if you do you are opening a can of worms and it could cause your TDIU to be taken away. Example: Once he gets TDIU granted and files for an increase for back, neck and side it can open up a can of worms and subject him to future examinations, etc. Is this true?

Thanks in advance for your replies.

[Charleese]

Hi everyone,

Thanks for all your replies.

My asking the question "No one knows the answer to these questions" was not meant to offend anyone, I was just asking a question. I was not trying to pressure anyone into quick answers. I was just trying to draw answers from the people who have filed Reconsiderations before in hopes that they could answer these questions. However, once I asked the question "No one knows the answer to these questions" the answers came forth. I have asked questions before here on hadit that did not get answered.

If I offended anybody my asking this question I am trully, trully sorry, and from now on I will keep my questions to myself, because I do not want to offend anyone.

Berta, I am sorry you could not comprehend my question #2, maybe I should of stated it differently, and I do know you or no one else has controll over the advice another site gives, and I meant no harm by stating another site.

Carlie, I never stated or implied as to anyone receiving a paycheck.

Tbird your right if no one answers your questions maybe no one has the answers.

Medac and Broncovet thanks for understanding and answering my questions.

Once again, thanks to all for your replies.

[vmo]

Hi everyone,

Thanks for all your replies.

My asking the question "No one knows the answer to these questions" was not meant to offend anyone, I was just asking a question. I was not trying to pressure anyone into quick answers. I was just trying to draw answers from the people who have filed Reconsiderations before in hopes that they could answer these questions. However, once I asked the question "No one knows the answer to these questions" the answers came forth. I have asked questions before here on hadit that did not get answered.

If I offended anybody my asking this question I am trully, trully sorry, and from now on I will keep my questions to myself, because I do not want to offend anyone.

Berta, I am sorry you could not comprehend my question #2, maybe I should of stated it differently, and I do know you or no one else has controll over the advice another site gives, and I meant no harm by stating another site.

Carlie, I never stated or implied as to anyone receiving a paycheck.

Charleese: Everyone one here wants to help. Time passes so slow when someone is frustrated with the VA. Most of us on here have walked the same trail with the VA, many, many, times. All want to give you the best answer possible. Some of us have a great deal of experience with a few disabilities----and a few have a lot of experience with quite a number of ailments---in addition to vast experience in dealing with VA claims. Most of the people I've noticed getting conditions service connected from falls, are amputees. I think you may have a more difficult time. However, the biomechanics from instability of knee's can cause low back pain/conditions,---if so you need medical evidence to support that. I think your husband is max at 60% for his knee,(though I don't quite understand his rating). Just to give you some examples: a below the knee amputation rating is 40%, above the knee amputee 60%, and top of the thigh/hip is 80%. I know your husband is not an amputee---just some examples that his knee rating may be max.

[livingrock21]

Charleese,

As meddac stated, you do not want to file a reconsideration with out new "material" evidence. Lol. He actually probably thought of me when typing that reply.

I was actually in that boat. What I mean by new "material" evidence, it has to be new. Something the rater has not already see before. Even if there is something in you SMR, or claim that you know they didn't address, it's still not new "material" evidence. I submited something from my SMR that I know they couldn't have taken into account on my claim and subsequent appeal. Heck, they didn't even take it into consideration when changing my request for reconsideration into a NOD, even though I pointed out to them that they didn't look at this evidence.

So, the answer to your question is, no. You do not want to do that. If you have new evidence, then I would recommend a reconsideration as it will move a lot faster then an NOD. If they deny the reconsideration, you can always NOD it later. That is if you haven't already eaten a lot of the "year" time frame up for filing an NOD.

I hope I was able to help. I only try to answer when I can actually "add" something to topic.

I also have to agree with Berta, Carlie, and T-Bird. When I read you original posts it did seem as though you were demanding a quick answer. I know this was not the case. When I post something, I try to re-read what I wrote before I click the post, or add reply button. Sometimes when you re-read what you wrote, you figure out that something can be inturpreted the wrong way. I've had it happen to me, and we all make mistakes.