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!

[bob_abad]

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

I am retyping portions of it..

What We Decided

We determined that the following ondition was not related to your military service, so service connection remains denied: Hypertention as secondary to the service connected disability of Diabetic Nephropathy.

From Rating Decision Letter page

Decision

The claim for service connetion for hypertension as secondary to the service connected disability of Diabetic Nephropathy remains denied beause the evidence submitted is not new and material.

Evidence

Report from, Dr. xxxx yyyy(IMO from my private PC)

Service connetion for Hypertension as secondary to the service-connected disability of Diabetic Nephropathy

We found that you are not entitled to service onnection for hypertension, based on a review of all evidence of record which should no evidence of hypertension during service nor evidence hypertension as secondary to service connected disability of Diabetic Nephropathy.

(stated here also that I submitted an earlier NOD, they forwarded forms, did not return for timely appeal. I decided to cancel the NOD so that I can focus on 'Reopen Claim' after a year w/ new IMO)

A claimant may reopen a finally adjudicated claim by submitting new and material evidence. (stated here what new evidence means..)

Opinion from Dr. xxxx yyyy(IMO from my private PC) was based on incomplete history and is of little or no probative value. Dr. xxxx yyyy did not indicate that she reviewed the claims folder and her opinion appears to be based solely upon your reported history.

The evidence from Dr. xxxx yyyy submitted in connection with the current claim does not constitute new and material evidence because it does not relate to an unestablished fact neccessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim. Further, there is still no evidence that hypertension was incurred in or caused by service or within any applicable presumptive period.

The evidence submitted by the claimant is considered cumulative; that is, it summarizes or refers to evidence considered and provides no new basis for consideration of the claim. Therefore, we have no new evidence to consider to establish service connection. As no new material evidence has been presented, your claim on this issue is not reopened and the prior disallowance decision is affirmed.

[bob_abad]

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?

Berta,

You brought up a good point. Wonder if the examiner was confused on the difference bet. Diabetic Nephropathy(kidney decease-SCed) and Diabetic Neuropathy.

>My reopen claim is focusing HTN as secondary to DM-II and this Diab. Nephropathy.

>Stated that the HTN was diagnosed after DM-II/DN diagnosis.

I will collect my records(sequenced by events), prep up but I am still not sure whether I should represent myself or VSO or get a lawyer?

If going w/ a lawyer, do I have to pay a retainer fee or 25% if approved?

[john999]

I have HBP and diabetes. I also have a vascular problem that is SC secondary to DMII. My VA doctor wrote that the HBP is related to the vascular artery disease (hardening of the arteries) thus would be SC. I tried to go directly with a secondary connection to the DMII, but she said that is hard to prove. If you have any vascular artery disease you might try and get the HBP connected that way. There are more than one way to skin a cat. Hardening of the arteries is very common to some degree among those with DMII as is calcification of arteries and PAD. These things can all cause high blood. For the VA to deny connnection between DMII and nephropathy is the dumest thing I ever heard. I have diabetic neuropathy which affects the nerves of the feet and hands and then moves inward toward the center of the body in advanced states. Totally different than nephropathy but just as common amongh diabetics and is actually much more serious than neuropapthy.