hypertension Need Suggestions On How To Proceed

[Dolphin25]

I filed for a DRO decision on two denied RO claims and receieved a response on Dec 15, 2011. One claim was filed in 2008 and the other in 2009. One was for a Special Housing Grant and the other was for a Higher level of Aid and Attendance to R2 although I didn't ask for the R2 just a higher level than my current "L" rate. Since I was granted the "L" rate in 2002 I have lost the use of my legs and upper body strength has been reduced. I am also now required to wear a cathether and have loss of bowel control on top of that along with a host of other things that are not getting any better.

I have had 3 C&P exams and all 3 recognized the severity of my medical condition stating I am unable to do anything by or for myself including writing this...I can but it would take me a few days to get it right. The DRO who originally had my case was in New Orleans but since my family has moved me to be near them so they can help me as I had absolutely no help in Louisiana. The DRO that decided my claim was from St. Louis and to be frank this guy disputed everything the Doctor's stated in that his words "were questionable"...I have never seen an examiner like this dispute a total of 4 or 5 different doctors examinations and conclusions. To me he is saying they are all lying in their diagnosis...but that is not my problem as I am sure or hope when the BVA reviews my file they will make the correct determination.

After the C&P hearings when I received my RO decision they apparently decided to use the Doctor's findings as a request for a claim for compensation on the following:

Loss of use (bilateral legs) (Increase), peripheral neuropathy (Increase), diabetic neuropathy (Increase), loss of bowel control (New), incontinence (Increase), loss of memory (New), depression and anxiety (New), Ischemic heart disease (New), severe impairment of upper extremities (bilateral) (Secondary), persistent edema in lower legs, with varicose veins and discoloration (New), general malaise, weakness, lethargy, nausea (New), high blood pressure/hypertension (New),

All of these were mentioned in the Doctor's finding at the C&P exams. They haven't been working on this claim even though it is currently listed as "Review of Evidence" having been filed on October 29, 2010. So I am faced with what to do...do I file an Appeal with the BVA now or wait for a

decision from the RO on this current claim. This may bolster my current appeal if they award me some or all I just don't know but I only have 60 days to make my Notice of Appeal. Should I give it up to a week before then file off my Appeal if I have heard nothing back or file the Appeal and submit any new evidence that may come from the decision of this current claim??

Any insight would be helpful....

[Pete53]

It really yanks my chain when the RO's or DRO's make medical decisions on their own. Get a lawyer or find someone very good at appeals. Make sure that you question the RO's medical opinion and ignoring the Doc's.

Good Luck

[Dolphin25]

It really yanks my chain when the RO's or DRO's make medical decisions on their own. Get a lawyer or find someone very good at appeals. Make sure that you question the RO's medical opinion and ignoring the Doc's.

Good Luck

Pete

I have been in contact with about 12 law firms and attorney's who handle vet claims according to their website and 10 have replied stating they would be unable to take my case because I am already 100% disabled. I know these guys have to eat but surely there are some attorney's that will at least give me a look see....how do other's get attorney's to represent them before the BVA as I see in the BVA decisions where most are represented by attorney's. The DAV has done nothing in my opinion to help or make contact with me even though they have been appointed my rep although I don't feel too comfortable with them going into an Appeal like this. I have about 6 weeks left to file an appeal so I'll keep my fingers crossed and keep looking.

Dolphin26

[Pete53]

Dolphin:

I am sure someone on Hadit can help you. Don't wait until the last minute start working on your NOD. Lawyers mostly are in it for the money. However, you would be entitled to retro and they could still get paid?

Good Luck you deserve better,

[john999]

I got a lawyer to represent me because of the potential retro. If you can point out the potential retro of your claim you might find it easier to get a lawyer to represent you at the BVA. My BVA claim was denied and I had a lawyer, so just appeal and stay inside the time limits for appeals.

[free_spirit_etc]

I got a lawyer to represent me because of the potential retro. If you can point out the potential retro of your claim you might find it easier to get a lawyer to represent you at the BVA. My BVA claim was denied and I had a lawyer, so just appeal and stay inside the time limits for appeals.

I am not as versed in the VA as John but I agree with the advice to appeal within the time-frame. I find the VA to be particularly frustrating because even if you claim everything at the same time, they split it off into different decisions, and send letters about one issue, but indicate the decision is for everything.

To help assure that I keep all my claims alive (DIC, Helpless child, Accrued Benefits, Burial) I send an NOD / appeal to any decision that does not grant me full benefits of everything I have applied for - which thus far, has been every decision. In my appeals I reiterate all parts of my claim.

I am sure there are people who know far more than I do who will also offer advice. So please pay heed to them. I was just adding my two cents.

[halos2]

Are you in the St Louis Mo area now? There are attorneys in Hannibal Mo www.ddrm.net who handle vets claims. They are about 110 miles from St Louis. 1-800-452-9825 I and Mo. Maybe they can help you. Dempsey Dempsey and Moellring are the Attorneys names.