hypertension Hypertension

[huskerfanfl]

I retied from the army about two years ago and of course made a claim for disability. One of my claims was for hypertension. When I received the decision it was listed as not compensable because there was not a history shown in my record. The hypertension medicine was prescribed as a result of a visit to the emergency room where my pressure was measured at 166/122. The meds keep it down but barely (normally 132/86). I have appealed and sent in the copy of the emergency room record (again). I would hate to think I need to come off my meds to show that my blood pressure is high.Anyone have any suggestions?

[qmcorps]

This is the starting point.( http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl ) remove the "()" and cut and paste this into your browser. In a perfect world this should be a 10 (realistic) or 20(lots of documentation) percent. In my case this is the cause of a secondary condition. Submit the documentation for a Comp & Pension examination. Be prepared to wait for up to a year or more for the exam. On my initial claim, I submitted 26 years worth of medical records and the appropriate VA forms. It sat for one year until I filed a congressional complaint. That got the ball rolling. I have been doing this for four years with valid medical records. Treat this like a war and every submission is another campagin to achieve victory. This process is not for the faint hearted, the VA wants you to become discouraged and give up. V/R, Mike

Diseases of the Arteries and Veins

7101 Hypertensive vascular disease (hypertension and isolated

systolic hypertension):

Diastolic pressure predominantly 130 or more................ 60

Diastolic pressure predominantly 120 or more................ 40

Diastolic pressure predominantly 110 or more, or; systolic 20

pressure predominantly 200 or more.........................

Diastolic pressure predominantly 100 or more, or; systolic 10

pressure predominantly 160 or more, or; minimum evaluation

for an individual with a history of diastolic pressure

predominantly 100 or more who requires continuous

medication for control.....................................

Note (1): Hypertension or isolated systolic hypertension must be

confirmed by readings taken two or more times on at least three

different days. For purposes of this section, the term

hypertension means that the diastolic blood pressure is

predominantly 90mm. or greater, and isolated systolic

hypertension means that the systolic blood pressure is

predominantly 160mm. or greater with a diastolic blood pressure

of less than 90mm.

Note (2): Evaluate hypertension due to aortic insufficiency or

hyperthyroidism, which is usually the isolated systolic type,

as part of the condition causing it rather than by a separate

evaluation.

[qmcorps]

By the way, I'm retired Army myself. Become very familiar with 38 CFR, Chap 4 for starters.

[huskerfanfl]

Thank you for the reply. With the fancy VA math even a 10% rating will get me to 60% disability. I also have issues with low compensation awrds in other areas. The link you posted will definitely help in my endeavor.

[Guest jstacy]

We call that Low Balling the awards which is a Common practice by the VARO's.

Regarding the Hypertension, These people are going to Jerk you around. It will always yo yo because Blood pressure goes up and down and the VARO also aduusts compensation down. I guess they cant see to adjust it higher. We have to file a claim.

Has it been a year since the decision? You may want to send in a Notice of Disagreement if it is within a year of the decision. Then Appeal stating the rating was not properly awarded due to the criteria met in the 38 cfr chapter 4 rating code 7101.

Another thing you can do is to get all your med recs and make a spreadsheet of the dates and BP readings and submit them to the VA. If there is a consistant elevation then you should have no problem.

[Pete53]

Unfortunately you waited longer than one year after you separated. Your best bet is to get a Doctor to write up a Medical Opinion which shows hypertension now, and the Doc's opinion that it was caused by your service or started when you were in service.

[huskerfanfl]

My original compensation letter came November of 2004. I did file an appeal within the one year time frame. Included in the appeal were the emergency room records from the visit which resulted in me being put on blood pressure medicine. I also appealed the 10% decision on my back (I have an MRI from active duty that shows 3 bad disks). I know that it may not have been advisable, but I also noted that during my retirement physical the medic had to take my blood pressure three times before it was inside acceptable standards and pointed out that I could prove I have high blood pressure if I came off my meds, but there was also a possibility that the lack of medicine may create some adverse medical issues and considering the fact that doctors take an oath to first do no harm it seemed like a ludicrous idea. I have to admit I was a tad bit fed up with VA.

I had taken an early out in 1993 and went back on active duty in 1998. When I turned in my claim I told them that the claim was based entirely on the last period of active duty and that THEIR regulation prohibited them from collecting my VA check to pay off my SSB. When I came back from my exam, I once again told them this information. On three separate occasions I told them on the phone the information. So of course when I was awarded my disability they bagan to collect the money. It took me 5 months to get that straightened out.