hypertension Question On Prior Denial Not Appealed ...

[VetsLady]

Hi All,

Have been looking for an answer to my question, and 1.) either can't find it or 2.) don't recognize it ...... I need an answer on a question, here goes:

Veteran files a claim for DM2 and hypertension. Both are denied as no proof of in-service RVN established. Appeal is filed on the

DM2 but not the hypertension. Veteran then proves boots on ground in RVN and wins the claim for DM2. Since that time, hypertension

is now manifested into hypertensive heart disease and/or coronary artery disease. A Nehmer letter arrives and the claim development process

begins, C&P's etc. The whole enchilada.

The question is this: If the Veteran did not appeal the prior denial, and is granted benefits for IHD, does any retro benefit granted go back to the date the claim was

originally filed even though it was not appealed ?

Thank you.......,

Edited October 1, 2011 by VetsLady

[broncovet]

Yes, Berta. May I put 38 CFR 3.114 another way?

The way I see it, 3.114 is an "exception" to the effective date being the later of the "facts found" or the date of application. This exception allows for the changing of the laws to benefit the Veteran. The Problem with 3.114 is two fold:

1. Vets dont know about it.

2. VARO's dont know about it, often overlook it, and dont apply it. Online, I found an experienced rating specialist who admitted they often overlook 3.114 allowing an earlier effective date. (the date of the law change). Its important enough for me to reiterate that this does NOT just apply to dependents..the operative word being "OR". My first read of this was that it only applied to children of Vn Vets. I had to read it several times to "get" that it means Veterans OR dependents.

[VetsLady]

Veslady, what condition was first diagnosed?

When was the HTN diagnosed?

When it was diagnosed what were the readings?

John

Somehow I missed responding to this post....

DM2 diagnosed in early '90's along with HTN and CAD. Filed claim in early '03 - service connected in early '08. (Had an uphill battle proving boots on ground but prevailed)

HTN and CAD was part of the original claim but denial was not appealed (had a VSO then) --- Veterans, another GREAT reason to KNOW what is in your claim, on your claim and to keep track of the who, what and where of your claim. No one has a more vested interest in your claim than you. When a veteran is sick 24/7, a little paperwork is way too much to handle sometimes.

EKG in early part of this year indicated Inferior Infarct, age undetermined and right bundle branch blockage (ER visit)

EKG in late '04 at VAMC showed right bundle branch blockage - no indication of Inferior Infarct

Silent event occurred somewhere between late '04 and early '11 --- pretty certain there was another EKG done in between these dates at the VAMC and I have the medical record but will pull it out tomorrow to check. Can say with almost certainty there was no Inferior Infarct listed. And, actually, there were 2 QTC exams involving an EKG -- am waiting to get this claim finalized before requesting a copy of the claim folder.

Recently read somewhere on Hadit that neuropathies can diminish the feeling of a heart attack in a patient. I do recall specifically a day when he was sweaty, heart pounding, nauseated and out of breath. However, with all of his medical issues, it would not be uncommon for him to feel this way and, it passed rather quickly...lasted a minute or three and hasn't happened since. Except for the high BP readings:

BP readings are consistently high, the ER visit early part of this year showed readings of 167/69 -- 167/68 -- 171/73 -- on BP lowering meds, my G-d if not his heart would explode. VAMC doc issued a BP cuff and it is checked often.

VAMC doctor advised "everything is fine, don't worry" -- what ? "Don't worry be happy ... ?"

Still lucky to have private insurance and the VA as back-up....my gut instinct is telling me it is time to get to the source.

Edited January 4, 2012 by VetsLady