hypertension Ro Remand Decision

[Charleese]

Hi all,

My husband had his C&P exam on May 11, 2011 for his Left SC Knee, SC Neck that BVA granted him, lower back disability and TDIU. BVA remanded his claim back to RO for vareious issues as well as these 3 things. The exam also was 1 exam for these 3 things.

Today he received from RO a SOC & SSOC for the other various issues.

SOC stated that (1) SC for hypertensive heart disease as secondary to hypertension denied; (2) SC for diabetic eye (retinopathy) as secondary to diabetes mellitus denied; (3) SC for cholesterol (denied); (4) SC for erectile dysfunction denied; and (5) Entitlement to SMC based on loss of use denied. Evidence: Service treatment records from 10/54-10/58; Duty to assist letter dated 11/3/08; VA treatment records from 9/8/83-11/08; and VA joint examination dated 11-13-08. It looks like they went back to there decision in 2010 denying everything but didn't issue an SOC and therefore BVA remanded back to them telling them to issue an SOC. He wants to appeal this decision because his primary doctor in 2010 wrote a nexus letter connecting his ED to the mumps that he had when he was in the service. His SMR documents his having Mumps in the Service. This 2010 letter they failed to use in this decision.

SSOC states (1) Evaluation of status post fracture left tibial tubercle with osteoarthritic changes and chronic chondromalacia and left thigh atrophy, which is currently 30 percent disabling, is continued; (2) SC for right carpal tunnel syndrome denied; (3) SC for hypertension denied; (4) SC for diabetes mellitus denied; (5) SC for mumps denied; (6) SC for right shoulder condition as secondary to SC disability of recurent subluxation left knee denied; (7) SC for gout as secondary to SC disabiity of recurrent sublluxation left knee denied; (8) SC for left shoulder condition as secondary to SC disability of recurent subluxation left knee denied; (9) SC for left carpal tunnel syndrome as secondary to SC disability of recurrent subluxation left knee denied; (10) Evaluation of recurrent subluxation left knee currently evaluated as 30 percent disabling (didn't say denied/granted or continued); (11) SC for osteomyelitis (didn't say denied/granted or continued). Evidence: BVA Remand dated 9/20/11 (they mean 9/20/2010); VA Joints exam dated 5/11/11 and VA spine exam dated 5/11/11. He plans to appeal this as well but we will wait in see if they deny/grant TDIU first if we can before he appeals.

He has yet to receive decision for his TDIU, Left Knee disability, lower back and Neck. We thought he would receive this decision first since VA gave him a partial portion of his appeal and FAST Letter states: There is a "FastLetter" dated Jan., 6 2010 that states they need to implement the granted BVA portion "first" and then work the appeals. Here they doing the opposite. We hope that they will issue decision on TDIU, Left Knee disability, lower back and Neck before the 30 day period is up for appeal of SOC and SSOC. We have asked for copy of 5/11/2011 C&P Exam but in a letter received yesterday they say we need additional time to determine whethr the VA has this record, etc. Imagine our surprise today to see that they do have this record and used it in their SSOC decision. Do you think he will get this decision soon or not? Do you think it will be a favorable one or a not favorable one?

Thanks in advance for your replies.

[john999]

I used the date of a hospital admission as an EED for TDIU. I had to file an appeal to get it. It just so happened that the hospital admission date and my SSDI date are one and the same.

[Charleese]

He was already collecting regular Social Security before his last injury.

Does anyone know the answer to this: Will his left knee and right knee be considered bilateral now that they have SC right knee?

He already receives 60% for left knee.

[carlie]

He was already collecting regular Social Security before his last injury.

Does anyone know the answer to this: Will his left knee and right knee be considered bilateral now that they have SC right knee?

He already receives 60% for left knee.

Charleese,

With IU being granted - the SC percents for the knees will most likely be moot.

JMHO

[Commander Bob]

He was already collecting regular Social Security before his last injury.

Does anyone know the answer to this: Will his left knee and right knee be considered bilateral now that they have SC right knee?

He already receives 60% for left knee.

JMHO... YES. I have a SC right knee diagnostic code #5257, and a SC left leg amputation diagnostic code# 5165. I am looking at one of my an old 1987 VA "Rating Decision" award letters, also awarding me a "Bilateral factor of 4.6%...

It sounds like you all went on a VA roller coaster rating ride over the weekend. You have my sincere sympathies for that experience, (one I know only too well). This is so not fair to you all. Do you have the "granted TDIU" notice in hand yet???

Edited June 8, 2011 by Commander Bob

[Commander Bob]

Hi all,

Hubby called his VSO to find out why his TDiU, Neck, Lower Back and left SC was not rated first. VSO said it was rated first and that he was granted TDIU, Neck, Left atrophy, and right knee. He stated that hubby should of received official letter by now.

That is an old VARO ploy. Maybe it was sent to the wrong address.... That's the excuse they gave me recently.LOL

Why doesn't your VSO find out why you did not receive the first letter instead of just telling you "it was rated first"????

What a world...

Cmdr. Bob

[Commander Bob]

...Husband was so happy and kept asking him was he sure and VSO said yes he was sure. He told him his retro was back to May 2009 when he filed for TDIU. We were hoping that they would go back to 2008 when he stopped working because of his injury that they have now SC. He forgot to ask him how much percentage each was...

Where did your VSO get the info & why couldn't the vso send you a hard copy of what was being read to your Hubby over the phone?