hypertension Need Advice-should I Continue Myself Or Use Vso?

[bob_abad]

Hi gang,

Need your advice. I have this on-going saga(Reopen Claim) of an HTN claim as secondary to DM-II, and Diabetic Nephropathy(kidney issue). I was denied again last Feb/09 even w/ an IMO.

I immediately resubmitted a 'Request for Reconsideration' due to the following reason:

>The VA examiner overlooked a new law(Docket 06-0312) since 12/01/08 - The court concluded that a private medical exam may not be discounted solely because the opining physician did not review my claims file @VA.

>The VA examiner totally ignored the guideline to 'Grant Service Connection to Hypertension after my DM-II and Diabetic Nephropathy(kidney issue)' were diagnosed earlier.

I received a letter(as of Apr.1, 2009) from VA, whether I should continue to resolve my case through DRO or the Traditional Appeal process. Been instructed to mail my reply w/in 60 days.

QQs:

>Will I benefit using a VSO to work with me on this one? What are my chances w/ somebody representing or helping me out? I have been doing it myself since AO initial claim & couple of successful Reopen Claims.

>Or should I continue representing myself? What should I be preparing for upoming informal hearing?..My 1st time..

Hope to hear from you gang. Please help me out. Thanks in advance!

[rentalguy1]

Post the actual denial letter, or type it in to the thread so we can see exactly why they denied you.

[purple]

Sounds like you are well-versed in VA-speak and what's going on....I'm a HUGE advocate for vet's doing their own claims! A VSO or anyone else is a middleman and usually slows up the process. Of course an atty, will cost you $$$.

I know that not all vets are able to do their own claims....but for those that can (and so far you have), I think it's the best way to go. You have the best & most interest in your own claim. No one cares more than you do.

Good luck!!!

[Pete53]

You need a Lawyer

[Rockhound]

If you decide to go the DRO route, make sure you ask for a formal DRO, that way you will have or rather you can make sure that all your evidence is documented and you will have a transcript of the hearing.

If you know of a good Service Officer, they are good in helping get your paperwork done right and on time and making sure it gets to the VARO. But that's only if you get a good one, not all SO are alike or attentive to Veterans needs.

If you have a good working relationship with you IMO Dr. then you might ask if he would look over your medical history related to your claim and write an addendum to his prior opinion. You have to do things so the VARO Rater has no wiggle room.

Best of Luck.

Rockhound Rider B)

[vmo]

Purple has made a good point. You've done well on your own. Keep your self a written log starting from initially filing the claim, VA letters received, and evidence submitted, (chronological order). No one knows or understands the claim as well as the individual Vet---cause you live it, first hand! Read and research about your conditions, both on here and elsewhere. Also, review some of the (BVA) Bd of Veterans Appeals cases that contain the conditions you are filing for. CONFIDENCE is what will be required of you after you have completed your homework. CONFIDENCE will get you thru the DRO Hearing. No Confidence??--Go with an Attorney or possibly a good dedicated VSO, (which are many times very hard to find). Also, if you don't mind and are comfortable with doing it, post the denial letter as Rentalguy mentioned. You will find there can be a lot of SHOTGUNS out here that would like a shot at that VA target.

[Berta]

This might be a semantics issue because some of those VARO dopes are illiterate.

Diabetic Nephropathy-

"Diabetic Neuphropathy,which is a disease of the kidneys. This disease can progress to a form of kidney failure known as chronic renal failure. diabetes is the leading cause of chronic renal failure."

VBM NVLSP 2008 edition.

There is an absolutely strong asssociation of DMII to this type of nephropathy.

I myself have extensive literature on this secondary DMII condition.

Could it be the RO is thinking this is neuropathy (completely different disease) and not properly reading it as Nephropathy?

Diabetes Neuropathy is a disease of damage to the nerves.

An apple and a pear

I am stunned here that they denied.

what the heck could they possible attribute this renal problem too-if not to your DMII?

Edited April 8, 2009 by Berta