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hypertension Service Medical Records
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Guest jstacy
Hello to all. What is the relavence of service medical records? The reason I am posting is that I originally filed a claim for a head and neck injury, Hypertension, Migraine headaches in 1993. I had a NP C@P exam in 1994 with no service medical records. Of course the claim was denied. I filed to re-open the claim in 1997 and to my suprise the service medical records were there. They still denied the claim. I filed a NOD and it was also dened. The Letter stated that the SMR stated I had been hot with an unknown object. There were no complaints of treatment for Hypertension or Headaches.
In 2003 I filed to re-open the claims based on new evidence. I had received all the doctors reports over the years. This time I had my guns loaded and went for a C@P and got a great Doctor. She reviewed all the evidence. She stated my neck problems were related to that incident and I was awarded a whopping 10 percent. I was denied radicular signs in the same rating. I appealed that one and it is in the DRO right now.
Dec 05, I went for another C@P exam. I asked for an increase. I sat down with her again for over 3 hours. She found all the evidence again and also found the Hypertension and Migraine headache treatment in the military on the summary pages. I filed a CUE claim but my great VSO said I could not file a Cue claim based on new evidence. How can a SMR in their posession be considered new.
What advice Do I need . I want retro to the date I originally filed.
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