hypertension How Can I Word This Claim

[oldman273]

Hello I was medically retired from my Civilian job as a result of SC condition. I have SC hypertension. My PTSD which is non SC, but the migraines that I was retired for in addition to PTSD I am SC for. What I know is that under Chpt 38 if a SC condition is aggrivated or worsened by a non SC injury or disease that the non SC issue may be rated ? Am I reading that correct? It is my understanding I can make the claim but not being a Doctor how do I get that in writing? My mental health counselor told me that he could see a relationship to things or situations that cause my blood pressure to increase. I have chronic pain from my back My mental health Doctor suggested that also was a source of increased anxiety.

I have an appointment at the end of the month but things for me have spiraled out of control. My wife left me as I am too much trouble in her words which I am. I cannot dress myself without daily help i am not on a pity kick it is just know what the VA can do. I have to wait on the VA to get things straightened out that is an impossible dream. That being said I have some claims in right now but i am waiting for them to get through before I apply for anything I am only looking at this claim should the VA deny my other claims. any advice or thoughts I really need to figure out how to see if i have standing to file a claim.

Mt time line is as follows medically retired in 2001 hurt in 1997 but continued trying to work until forced out. i was diagnosed with PTSD/Migraines but was only SC for migraines a few years back. I applied for benfits in 2002 for hypertension. My issues were since I was SC for Migraines secondary to SC Hypertension which was thrugh the roof with the things I have had in my life. i have learned that keeping to myself helps a whole lot the less I have to deal with people the better. I tried to list everything so that you could get the picture of what I am up against.

[Berta]

This BVA cases shows how aggravation of a NSC by a SC can be awarded:

http://www4.va.gov/vetapp10/files2/1017267.txt

“The Board finds, however, that entitlement to secondary

service connection for coronary artery disease on the basis

of aggravation is warranted. The Board again notes that

secondary service connection on the basis of aggravation is

permitted under 38 C.F.R. § 3.310, and compensation is

payable for that degree of aggravation of a non-service-

connected disability caused by a service-connected

disability. Allen v. Brown, 7 Vet.App. 439 (1995).

The Board notes that VA amended its regulation pertaining to

secondary service connection, effective from October 10,

2006. See 71 Fed. Reg. 52,744 (2006) (codified at 38 C.F.R.

§ 3.310). The current version of this regulation appears to

place additional evidentiary burdens on claimants seeking

service connection based on aggravation; specifically, in

terms of establishing a baseline level of disability for the

non-service-connected condition prior to the aggravation.

Because the new law appears more restrictive than the old,

and because the appellant's appeal arises from a claim filed

prior to October 10, 2006, the Board will consider this

appeal under the version of 38 C.F.R. § 3.310 in effect prior

to October 10, 2006. See, e.g., Kuzma v. Principi, 341 F.3d

1327 (Fed. Cir. 2003) (new regulations cannot be applied to

pending claims if they have impermissibly retroactive

effects).”

Aggravation of an SC condition by a NSC one doesn't work.

I did use that argument in an old claim I had as I had a medical statement in a SSOC that supported it.I also raised the NSC as secondary issue too.I didnt quite know how to word that claim either.The medical statement from my husband's shrink actually said his SC PTSD was aggravating the NSC too but I didnt understand the reg then.

The NSC became a Sec 1151 disability in the next decision anyhow but by then the SC condition I felt it had aggravated had been deemed SC at 100%.

Technically my husbands SC condition had “aggravated” all of his NSC conditions.I didnt know enough in those days to say that correctly in the claim.

I always get confused over this reg and need to re-read it often-when it turns up here in a post.

You need to prove that a SC condition “aggravated” a NSC condition and the VA will rate the level of “ aggravation”.

It is -in my opinion -more beneficial to ask for secondary award of NSC for the NSC condition-saying the SC condition caused a secondary disability or made it worse.

These claims need strong medical statements to show the link.

There is plenty of info here at hadit under search feature for “aggravation” claims.

BTW the above vet would have had an IHD claim under Nehmer if this claim had failed.I sure hope the VA is really checking over all IHD denials at the BVA.

Edited November 11, 2010 by Berta

[oldman273]

Thank you so much you offer reliable infromation for those of us veterans I really appriciate it. I am having a rough time but this does help me word this claim. Thanks

[jbasser]

Under Diagnostic COde 8100, Migraine headaches have a Max schedular rating of 50 percent, however, these headaches have to cause severe economic impact and I think an award of IU can be achieved in your case. It doesnt matter that they are secondary to HTN. These headaches are really extremely severe muscle tension headaches that really kicks us when we get them.

Show the VA you lost your job because of these headaches and they should award IU.

That would be the first step. Dont worry about your other claims. HTN has a heck of a lot of secondaries that can be associated with it. It is the slient killer and I for one am lucky to be here.

J

[oldman273]

Thanks I will look into the claims. It is sad to hear you have migraines I wish them not even on people i can not stand. I have been in and out of Emergency rooms for close to a decade. On the hypertension the VA said that my heart has gone back to normal. I am going to get it checked here soon. I just do not trust the C/P examinations. I can tell you and all others 1 thing the VA has done to help me with Migraines. It has not cured me but oxyegen helps me not have a full blown migraine. It has worked about 4 times out of 12 headaches last month but I was under a lot of stress/pain my blood pressure was through the roof. I am going to have injections and try them next week. I honestly do not know what I would have done to myself having the migraines week after week if not for my kids. Migraines are just evil. If i can offer another thing to try is up your daily intake of magnesium/ water intake is supposed to help but I drink about a gallon a day. Adios have a good evening thanks for the post...

[retiredat44]

My first claim, which I won, 15 years ago was from headaches caused by petroleum fuels, working as a fuesl specialist. They gave me 50% no questions asked.. But, I as sick on active duty from headaches.. not sure how to prove them many years later.. my guess is doctors would have to back you up with a diagnosis of headaches and their cause..

This BVA cases shows how aggravation of a NSC by a SC can be awarded:

http://www4.va.gov/v...es2/1017267.txt

“The Board finds, however, that entitlement to secondary

service connection for coronary artery disease on the basis

of aggravation is warranted. The Board again notes that

secondary service connection on the basis of aggravation is

permitted under 38 C.F.R. § 3.310, and compensation is

payable for that degree of aggravation of a non-service-

connected disability caused by a service-connected

disability. Allen v. Brown, 7 Vet.App. 439 (1995).

The Board notes that VA amended its regulation pertaining to

secondary service connection, effective from October 10,

2006. See 71 Fed. Reg. 52,744 (2006) (codified at 38 C.F.R.

§ 3.310). The current version of this regulation appears to

place additional evidentiary burdens on claimants seeking

service connection based on aggravation; specifically, in

terms of establishing a baseline level of disability for the

non-service-connected condition prior to the aggravation.

Because the new law appears more restrictive than the old,

and because the appellant's appeal arises from a claim filed

prior to October 10, 2006, the Board will consider this

appeal under the version of 38 C.F.R. § 3.310 in effect prior

to October 10, 2006. See, e.g., Kuzma v. Principi, 341 F.3d

1327 (Fed. Cir. 2003) (new regulations cannot be applied to

pending claims if they have impermissibly retroactive

effects).”

Aggravation of an SC condition by a NSC one doesn't work.

I did use that argument in an old claim I had as I had a medical statement in a SSOC that supported it.I also raised the NSC as secondary issue too.I didnt quite know how to word that claim either.The medical statement from my husband's shrink actually said his SC PTSD was aggravating the NSC too but I didnt understand the reg then.

The NSC became a Sec 1151 disability in the next decision anyhow but by then the SC condition I felt it had aggravated had been deemed SC at 100%.

Technically my husbands SC condition had “aggravated” all of his NSC conditions.I didnt know enough in those days to say that correctly in the claim.

I always get confused over this reg and need to re-read it often-when it turns up here in a post.

You need to prove that a SC condition “aggravated” a NSC condition and the VA will rate the level of “ aggravation”.

It is -in my opinion -more beneficial to ask for secondary award of NSC for the NSC condition-saying the SC condition caused a secondary disability or made it worse.

These claims need strong medical statements to show the link.

There is plenty of info here at hadit under search feature for “aggravation” claims.

BTW the above vet would have had an IHD claim under Nehmer if this claim had failed.I sure hope the VA is really checking over all IHD denials at the BVA.

[broncovet]

Berta...

Again, your post was excellent. I am talking about the one where the law about the burden of proof establishing secondary Service connection.

The key date there appears to be Oct. 10, 2006. If you filed your claim before that, you get to apply the less restrictive, less burdensome to claimants law. However, if you applied after that date, then you have the burden of establishing a "baseline". The good news, for me, is that I applied and got awarded my secondary condition before that date.