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hypertension I Wait 2 Years For The Bva To Remand 14 Issues. Wtf. Bva Do Your Job. You Should Not Be Paid You Do Nothing!
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VA different higher normal HBP/HTN for vets 1 2
By Dustoff1970,
- blood pressure
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dav_marine72
Well after a two year wait I receive two separate decisions today from the BVA today. The first decision was not on my layers watch but will be now. The VARO denied me for the following:
Initial higher rating of more than 50% for Adjustment disorder from 2002.
Initial compensable rating for hypertension on appeal since sc in 2002.
Initial compensable rating for Eczema on appeal since sc in 2002.
Entitlement for service connection to GERD secondary to VA meds.
Entitlement to erectile dysfunction due to service connections and meds.
Entitlement to special monthly compensation based on aid & attendance or housebound taken away after a temporary 100% rating for service connected back surgery.
Gee guess what. It took them two years to point out my rep from the American legion had asked for a video conference hearing (I wasn't even aware of this) and since the VARO did not schedule it they are ordered to schedule it and I wait what another year or so to get my ratings. Even though the evidence of record shows all of the above should be decided my favor.
Second decision on appeal since 2000!!!!!!!!!!!!!!
Entitlement to an initial rating higher than 20% for a service connected back issue sc'd 2000.
Entitlement to a rating higher than 40% since 2009.
Entitlement to a neurological rating in excess of 10% since 2002 for a service connected back issue to include 2 failed surgeries, an L3-S1 fusion, 2 spinal stimulator trials, and a spinal stimulator implant at the VA in 2010.
Entitlement to a compensable rating for residuals of a left 3rd metatarsal fracture of the left foot to include severe pes cavus, severe ankle equinus, arthritis and degenerative changes on xray, drop foot, tarsal tunnel syndrome, and nerve entrapment on appeal since 2000.
Entitlement to a rating higher than 10% for residuals of a left 3rd metatarsal fracture of the right foot to include severe pes cavus, severe ankle equinus, arthritis and degenerative changes on xray, drop foot, tarsal tunnel syndrome, and nerve entrapment on appeal since 2000.
Entitlement to a compensable rating for chronic right groin and testicle pain on appeal since 2000.
This little super group was denied in 2001 by the VARO, denied in 2004 by the VARO, denied in early 2008 by the BVA, BVA decision thrown out in late 2009 by the U.S. court, and returned to the BVA late 2009.
So instead of using the evidence of record which proves ratings of at least 40-60% ortho back, 40-60 % each leg for neurological, 50% for pes cavus bilateral minimum not counting everything else from the feet, and 10% for the groin pain based on three separate medical evaluations stating it should not be rated under a urological rating but a neurological / nerve rating (includes a VA doctor).
All items sent back to the VARO for new exams. Instructions include telling the examiners to state whether they feel the exam can be conducted with general medical knowledge or if specific knowledge is needed. Instructions telling the examiners to state if they feel they are not qualified to give the exam (yeah right). A bunch of normal VA crap running down symptoms of higher ratings which are in the evidence of record by 10-15 different doctors (VA and Civilan). I'm waiting to hear back from my lawyer but she thinks we may go with the "develop the claim to deny the claim theory" based on the fact the BVA could have made decisions on all the above items without having a bunch of APRN general medical practitioners conduct exams on aliments for which they have no special training for.
Am I pissed off? Hell yes. I don't care what anyone says to remand this shit after having my case for 2 years to me is criminal. I guess I will be waiting another year for the VARO to schedule the 7-8 exams needed and then make wrong decisions. The BS never ends!
USMC 1st Battalion 1st Marines 1st Marine Division 91-95
100% P&T
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
George Washington
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