hypertension 1.25 Years After Retirement - Partial Success!

[Notorious Kelly]

Congratulations, Owen!

[alphahec]

Congrats!!!

[CShock]

Congrats... over a year for a decision. I'm just beginning my journey with a 1 March 11 retirement date. Out of curiosity which state VA did you make your claim, I filed in CA, just wondering if anyone is seeing an obvious difference from state to state. Congrats again.

[Chuck75]

Congratulations in the partial win. The VA seldom does what should be right and fair.

I believe that the VA tries to "low ball" in many cases, and it looks like your case is no exception.

If you feel justified in continuing the fight, I'd encourage you to do so.

Since the C&P examination didn't properly address (according to your remarks) all the issues properly,

this is one more opening to consider using.

I'd likely file NOD's concerning ratings and non service connection if I were in your shoes.

I received my decision letter from the VA today and am simultatenously happy, unhappy, and puzzled by the results. I will explain.

My full decision is:

Obstructive Sleep Apnea - 50 %

Lumbosacral Strain - 10%

Degenerative changes of the cervical spine - 10%

Mood disorder due to Graves Disease - 10%

Hypertension - 0%

Hemorrhoid - 0%

Right Inguinal Hernia Repair Post Status - 0%

Peripheral neuropathic abnormality of the right foot - 0%

Trigger Finger right and left hand - No service connection

Carpal Tunnel right and left hand - No service connection

Total Disability percentage 70% (I am assuming they bilateralled the Lumbrosacral Strain and Spine percentages to arrve at 70%)

Ok onto my analysis:

Happy:

- with the decision for 50% for sleep apnea - this is what I expected

- with ratings of 10% each for 2 spine issues - I didn't expect this at all - I thought both were going to 0% from the C&P report

Un Happy:

- with the decision of 10% for mood disorder as the psychiatrist stated that clearly in my report I have "reduced reliability and productivity due to Mental Disorder signs and symptoms cited/measured" which is a direct statement from the 50% mental disability rating guide. The decision paperwork states "...your overall disability picture more closely approzimates the criteria contemplated in the 10% evaluation..." and it goes onto state "A higher evaluation of 30% is not warranted unless there is occasional decrease in work effeciency and intermittend periods of inability to perform occupation tasks...". I find this interested since I stated numerous times in the C&P report that I was quite concerned with my inability to complete tasks and that it constantly bothered me with my future plans of going back to school - as completing tasks is a significant need in school!!!. - I plan to file a NOD on this with my VSO.

- with the decision of 0% on my foot issue, although this is what I expected. The C&P doc didn't seem to give a shit about determining what the real issue with my foot was - just wrote it off as he didn't know what the issue was and didn't send me for further review of the problem. This has been the most long standing problem I had while in the service and I want answers to the problem and acceptance by the VA of the problems that it causes me - I am going to go to my own podiatrist on this and file a NOD.

Suprised:

- by the non-serviced connected carparl tunnel and trigger finger - they are well documented in my records - but the decision states "...denied service connection... because there is no evidence of a chronic disability related to military service." I haven't had issues with them for years so I that is why they consider it not chronic. I find this odd that it wasn't rated at 0% just like my hernia repair - I don't have continuing issues with it either - but they at least rated it as 0%... I don't know if I should file a NOD on these.

Thanks everyone here for putting up with my questions over the past few weeks - you have been great - especially Carlie!

Owen

Edited April 20, 2011 by Chuck75

[huskerfanfl]

Congratulations. I'm inclined to agree with Carlie's point regarding the quickest way to get things rated the way they should be. I retired in Aug 2004 and was finally rated at 100% effective July 2008. A long journey but well worth it.