hypertension Cue Claim Going To Be Denied.

[Guest jstacy]

I have several open claims going through varuious stages of the process. 1 in particular was a Cue claim filed for Hypertension.

I reviewed the Med recs and found the notes in the service records for Hypertension in service as well as a Doctors records I had submitted in 1998 showing a diagniosis of hypertension with diastiolic readings over 100. The Doc treated with a strict diet and said a 22 year old should not have blood pressure that high.

I filed a Cue claim because the denial was absurd and was based on the wrong criteria. I did not know the criteria until I found this site.

I talked to the AL rep today and he said they were going to deny the CUE claim based on New evidence.

They would probally service connect the Hypertension effective from 9/2003.

I am appalled at this. Does anyone have any advice. I am thinking of doing a form 9 and having it ready to go. I have had enough dealing with this issue. I feel like I need to get it out of the regional office and to a higher level.

If I do a form 9, will it effect the other claims I have in process.?

Thanks in advance for any replies.

[carlie]

j,

I don't quite understand. Is the AL VSO saying that the records you found in your SMR's would be veiwed as new evidence ?

carlie

[Guest Berta]

John- you will have to formally file the NOD before it even gets to the I-9- formal appeal stage-

however- I sure would wait and see from the VA itself- what is what with the claim-

and what they actually say in the denial-

Unfortunately- I dont put too much weigh on what a SO says-

is he assuming all this or have they really denied the claim?

You can present just as good an arguent in the NOD as you can in the formal appeal. An appeal of one claim should not affect any other pending claims.

[Guest jstacy]

Thanks Berta.

Carlie, I filed the cue because the RO said the service records were negative for any treatment, complaints or diagnosis of Hypertension in service. I had submitted evidence in 1998 showing a diagnosis of Hypertension with compensable BP readings all within the first year of separation. I reviewed the service record in December and right there on the separation summary page of the Service Medical record was the Hypertension. I immediatly filed a cue claim along with a claim for Hypertensive heart disease diagnosed from A Heart Angiogram.

I also sent a letter from the Doc Who diagnosed the Hypertension as back up evidence. ( They are calling this new)

The evidence was already in the folder. They just failed to rate the claim properly.

I have been fighting this claim for 12 years. The original denial was based on service record was not available.

At lease I believe they are going to SC the HTN.

JJ

[vaf]

JJ, you're not alone. I cue'd a denial for a condition the VA said had no evidence of existence in my husband's SMR's after we found clear evidence of the condition in those same records. I also cue'd another denial regarding the treatment of hearing test scores in my husband's SMR's as "new" evidence when I NOD'd the VA's denial of a tinnitus claim. I resubmitted the in-service exam copies, only the second time I bar graphed the scores, and the VA then approved it, but didn't date it back to the initial claim date. The VA normally says something in the rating decision to the effect of "all service medical records were reviewed and considered." That statement was the basis for both CUE's right there, because the basis for both CUE's was the fact that the VA overlooked this information in their review. Since my husband's c-file is in Washington because of a pending Court hearing, the VARO here will do nothing until they get the file back, whenever that is. Again, I see the VARO as nothing but a speed bump on the way to the Board and then to the Court.

We've been at this since 1993, and there are many here who've been at it far longer than that. As I said before, we have to control our anger and pace ourselves for the long haul.

It's funny, we joke at the house about how some women develop hobbies like playing golf, gardening, gourmet cooking, etc. When I'm not working full-time, I'm either working on claims, or reading about something related to filing claims. And of course, spending time on this Board.

[Guest VetWife Advocate]

I have several open claims going through varuious stages of the process. 1 in particular was a Cue claim filed for Hypertension.

I reviewed the Med recs and found the notes in the service records for Hypertension in service as well as a Doctors records I had submitted in 1998 showing a diagniosis of hypertension with diastiolic readings over 100. The Doc treated with a strict diet and said a 22 year old should not have blood pressure that high.

I filed a Cue claim because the denial was absurd and was based on the wrong criteria. I did not know the criteria until I found this site.

I talked to the AL rep today and he said they were going to deny the CUE claim based on New evidence.

They would probally service connect the Hypertension effective from 9/2003.

I am appalled at this. Does anyone have any advice. I am thinking of doing a form 9 and having it ready to go. I have had enough dealing with this issue. I feel like I need to get it out of the regional office and to a higher level.

If I do a form 9, will it effect the other claims I have in process.?

Thanks in advance for any replies.

How they deny you a CUE w/evidence? Getting ready to do the same with Joe's file. They MISSED it in his SMR's and VAMC records. No C&P, just rater saying "knee....not S/C....natural progression of diseaseA!" Burns me up everytime I hear OBVIOUS things are being missed. The Mantra is ""GET YOU CFILE GET YOUR C FILE!!! NO SO ever advised Joe to get his or got a copy for themselves. PISS POOR JOB!! THE 5 P's of the ARMY are being promulgated by the SO and the VARO--Conspiracy? Sound like Terry!! ZSomebody, --class action against the Service Agencies and the VA to allow this incompetency to be overlooked and continued!!!

Brenda