hypertension Appealing Claim & Additional Diagnosis Shortly After Discharge

[~Andrea~]

Hi, everyone!

My name is Andrea. I was put out September 2008 from the Army with 80% (60% Lupus, 30% migraines, 10% Panic Disorder) on TDRL. I have Systemic Lupus, Migraines, Lupus Nephritis , Hypertension, Panic Disorder, and Hashimoto's Thyroiditis. All were service connected by the VA, but they gave me a rating of 30% (10% Lupus, 10% Hashimoto's, 10% Panic Disorder). My migraines were denied because they aren't "prostating." Everything else was rated at 0%.

I want to appeal the VA's decision and I wanted to know the best course of action in doing this. I don't want to try and do this myself obviously because I know there are others more knowledgeable about this process.

My next issues is this, I was diagnosed with Secondary Fibromyalgia, Hyperparathyroidism, Costochondritis, and possible Multiple Sclerosis (I'm still awaiting results on MS, but everything else I have an official diagnosis.) Is there any possibility of having these service connected or is it a lost cause?

I guess I just need to know where to go from here. Can someone please give me some guidance?

Thanks so much,

~Andrea~

[12R3G]

Andrea...nothing is a lost cause

First, your one year clock to file a NOD is about to expire! You have 1 year from the date the VA rating decision was mailed to you. Don't let that date go by!

Second, http://www.warms.vba.va.gov/bookb.html will take you to 38 CFR on ajudication...scroll down to the "Ratings and evaluations; service connection" section and read 3.307 and 3.309. MS is presumptive SC for 7 years from date of seperation, so yes, you can get MS connected.

You said your Fibromyalgia is secondary--secondary to what, Lupus? Pretty much any condition that is secondary to a SC condition can be SC'd. I wasn't sure if the Hyperparathyroidism, and Costochondritis were secondary to something as well. Either way, file a claim for the additional disabilities before your one year from seperation is up. You can send a letter, or (better) use VA Form 21-4138 (Statement in Support of Claim - downloadable from VA website) and attached post service treatment records. If you doctor will add a letter to help establish SC--even better. the trick is the wording:

Is due to (100%)

More likely than not... (>50%)

At least as likely as not (50/50) -- and the min standard to meet the benefit of the doubt rule

for secondary conditions, something that connects the secondary condition to the SC condition using one of the phrases above. for a non-secondary condition, same phrases, but stating it ...occured during (or as a result) of military service.

http://www.warms.vba.va.gov/bookc.html will take you 38 CFR Book C -- Ratings Schedules. This, combined with your rating decision will tell you why you got the rating you have and what you need in order to meet the higher rating. Again, file this notice before your 1 year (from seperation) in order to be awarded back pay from the original date of claim.

research...search hadit. take a look at the how to assemble a va claim site and the hadit site (not just the forums) for help in your claim. if you need help, find a good VSO that will work with you--pros and cons on having a VSO hotly debated, but having one may help you to begin with. Just remember, it's your claim and no one will work it as hard as you will.

Get a copy of your C-File (your VA claim file containing everything--initial claim, exams, ratings, etc). Use form VA 3288 (Records Request).

you may want to repost this question on the (VA Claims Research) Veterans Affairs Claims and Benefits Research forum...it gets the most traffic.

Good Luck!

[carlie]

Andrea,

Welcome to Hadit.

I will move this topic to claims research for you.

I would file some paperwork with VBA (NOD) prior to Sept. 2009

stating your disagreement with your current VA disability

percentage and request an increase in benefits due to what ever

additional disability you are claiming SC for.

From what you have posted I would say your year to file

a NOD is up XX date of Sept 2009, so it would be in your

best interest to hustle-up on this.

jmho,

Hope this helps a vet.

carlie

[john999]

Yes, indeed, file for any new claims or a NOD on old ratings before your one year post ETS date. This is most important. Get your appeals or new claims into the hands of the VARO by hook or by crook before your ETS anniversary. If you get a higher rating it will go back to the day after your ETS if you do it within one year discharge (ets). That is what happened in my case. I filed within one year but it took three years to get a rating but it did go back to day after discharge, so three years of retro (small money in those days)

[Pete53]

You have 1 year to appeal a decision made by a Veterans Regional Office. If it is getting close get a Form 9 and fill it out. Be sure to include all the problems you listed here plus add that you want anything in your Serv ice Medic all Records to be considered.

HADIT CAN HELP YOU.

If you are unable to work your rating should be much higher. Good luck and welcome to Hadit

[sharon]

Hi, everyone!

My name is Andrea. I was put out September 2008 (discharge date)from the Army with 80% (60% Lupus, 30% migraines, 10% Panic Disorder) on TDRL. I have Systemic Lupus, Migraines, Lupus Nephritis , Hypertension, Panic Disorder, and Hashimoto's Thyroiditis. All were service connected by the VA, but they gave me a rating of 30% (10% Lupus, 10% Hashimoto's, 10% Panic Disorder). My migraines were denied because they aren't "prostating." Everything else was rated at 0%. When did you get your rating from VA. You have a year from the date on the letter that came with your rating.

I want to appeal the VA's decision and I wanted to know the best course of action in doing this. I don't want to try and do this myself obviously because I know there are others more knowledgeable about this process. The rating came with a 4107 Appeal Rights. All you have to do is send in a statment saying that you wish to appeal the following: (list the conditions)

My next issues is this, I was diagnosed with Secondary Fibromyalgia, Hyperparathyroidism, Costochondritis, and possible Multiple Sclerosis (I'm still awaiting results on MS, but everything else I have an official diagnosis.) Is there any possibility of having these service connected or is it a lost cause? This is the claim your need for file right away. You are still within your year of dishcharge from service.

I guess I just need to know where to go from here. Can someone please give me some guidance?

Was this a stabilazation rating? Did you go through BDD?

Thanks so much,

PS

Welcome Aboard B)

~Andrea~