hypertension Amazing The Things You Find When You Go Through C-file!

[Shark]

The basics, I am 50% SC for PTSD, 20% SC for DM2, and 10% SC for PN for each limb for a total of 80% SC. I filed for TDIU last July and was denied and filed a NOD in October.

I just found in my C-file the results of a VA ordered medical exam done in March of 2005 which included an addendum which states:

"The veteran reported high blood pressure problems for the past two years and has been on antihypertensive medication. The diagnosis is HYPERTENSION, at least as likely as not related to diabetes."

The VA never rated me hypertension as a result of this exam. In this exam I was 164/84 and will run in the 140's/80's today and am on multiple antihypertensive meds. Is this a CUE? Should I say anything now and disrupt the process of my current appeal? I am guessing at best I will only get 10% on this which will not raise my overall %.

Any thoughts? Should I just ask for a rating for hypertension second to DM2 and hope they re-examine my more current evidence in support of TDIU?

I also found in my SMR visits to the doc for heart burn on multiple occassions (currently have GERD) and multiple visits for back pain (currently take pain meds for back pain) should I file for these too?

Thanks to all for all of your previous help!

[Shark]

I agree that I should file for hypertension as secondary to DM2, but am still concerned as to what it will do to the appeal that I currently have in process for TDIU. Won't they put that in the pending file until the hypertension issue is resolved?

[jbasser]

File for it. It may help you to get IU. How far along are you on the appeal. They may hold the new claim up but not the appeal.

J

[Shark]

File for it. It may help you to get IU. How far along are you on the appeal. They may hold the new claim up but not the appeal.

J

I filed the NOD last October and am just waiting!

[Shark]

Filing for hypertension WILL NOT hold up your TDIU claim. Your TDIU claim was put in first and will be worked first unless they come to the conclusion they need more evidence for the TDIU. Even in that scenareo it wouldn't be the hypertension claim holding it up. Also, if TDIU is held up for other reasons they they would work your Hypertension claim until TDIU is ready to be rated again.

Again, it won't hold up your TDIU claim.

Billy

Thanks for the info! I just sent in a request for a rating for hypertension as secondary to DM2 and also added GERD since I had numerous visits to the docs for heartburn in my SMR and am currently medicated daily for GERD.

[4myboys]

The basics, I am 50% SC for PTSD, 20% SC for DM2, and 10% SC for PN for each limb for a total of 80% SC. I filed for TDIU last July and was denied and filed a NOD in October.

I just found in my C-file the results of a VA ordered medical exam done in March of 2005 which included an addendum which states:

"The veteran reported high blood pressure problems for the past two years and has been on antihypertensive medication. The diagnosis is HYPERTENSION, at least as likely as not related to diabetes."

The VA never rated me hypertension as a result of this exam. In this exam I was 164/84 and will run in the 140's/80's today and am on multiple antihypertensive meds. Is this a CUE? Should I say anything now and disrupt the process of my current appeal? I am guessing at best I will only get 10% on this which will not raise my overall %.

Any thoughts? Should I just ask for a rating for hypertension second to DM2 and hope they re-examine my more current evidence in support of TDIU?

I also found in my SMR visits to the doc for heart burn on multiple occassions (currently have GERD) and multiple visits for back pain (currently take pain meds for back pain) should I file for these too?

Thanks to all for all of your previous help!

Any chance you specifically asked for compensation for your back in your original claim? IF you did and they did not give you a rating...you could get it dated back to your original claim...???

Have your Dr. order an MRI for your back. Submit submit submit. I have had severe back pain from an injury over 10 years ago and it has only gotten worse...!

Take care of yourself!!!

[deltaj]

Any chance you specifically asked for compensation for your back in your original claim? IF you did and they did not give you a rating...you could get it dated back to your original claim...???

Have your Dr. order an MRI for your back. Submit submit submit. I have had severe back pain from an injury over 10 years ago and it has only gotten worse...!

Take care of yourself!!!

Did any of your pending claims refer to complications of diabetes? Did you used the phrase service connected disabilities in any claim filed within one year without stating in the claim which service connected disabilities you were referring to in the claim?

Look for a loophole to finality of earlier decisions. Have you carefully reviewed the address shown on each of your prior exams and compared it with the address shown on each of your notification letters? I ask this because if you were notified of a particular decision at the latest address of record that earlier claim stream remains pending despite subsequent decisions. (Search under the phrase presumption of regularity in cases at the U.S. Court of Appeals for Veteran's Claims. My thinking is that a wrong address on a notification letter would rebut the presumption of regularity if you weren't notified of the decision.) Also inspect your prior decisions for any evidence that V.A. erred in denying a claim by considering your age contrary to 38 CFR 4.19

Edited September 23, 2009 by deltaj