hypertension 3 Wins & 6 Remands From Bva

[dav_marine72]

Well I guess it's my own fault for telling my lawyer I had enough evidence for my claims to be decided without new exams. I had received a Joint Remand from the U.S. Court stating my back, orthopedic 40% and neurological 10%, both feet 10% combined, chronic groin and testicle pain 0% was to be sent back to the Hartford RO for new exams. These stem from a 2000 submitted 2002 Hartford RO decision. 12 years yes sir. I also had an increase for hypertension from 0%, Eczema from 0%, SC for GERD, SC for ED (Erectile dysfunction), and entitlement to SMC for being housebound.

So my lawyer writes a letter saying they should be able to decide my back, feet, and groin pain without sending it back to the wonderful RO. I mean i've had 2 back surgeries, 6 VA exams including one in 2009 that awarded me TDIU, probably 6 or 7 exams for the feet and groin plus extensive medical visits to pain clinics for narcotics, a spinal stimulator implanted @ West Haven VA CT in 2010, tons of visits to civilan and VA podiatrists explaining that my pes cavus feet killed my back, have arthritis (by VA xray) and basically will be painful and crappy for the rest of my life. I broke both 3rd metatarsals in boot camp. Thankfully the U.S. court told them to consider Pes Cavus which could give me 40% combined for both feet versus the 10% I get now. My testicle and groin pain has been documented extensively since 1995 in service. So stupid me has my lawyer right the letter saying they are stalling the claim by asking for new exams. The BVA sent my 8 plus boxes or whatever they put evidence in "because they made a point to say my claim file was too big" back to the RO only to pull back a day later. So eight months later, you guessed it, going back to the RO for all new exams. They also threw in the housebound and eczema to have exams back at the RO to further develop the claim. Lovely.

I did win the hypertension from 0% to 10% pushing me to 90% even though I still am under TDIU. They also awarded GERD and ED secondary and I assume the RO will rate those?????????????

So 3 wins and 6 remands. No money involved but I guess it could be worse.

Edited April 1, 2012 by dav_marine72

[carlie]

If your 100 % and SMC/S go back far enough - then all of the remaining

issues would be moot anyway, regardless of any new/current C&P findings.

So, it might just be a big waste of time for nothing additional.

JMHO

[dav_marine72]

Hey Carlie,

Yeah I'm not sure about 100% on the schedule but TDIU started in 2009 and isn't going to go back because I worked up until 2009 and then started again in 2011. I wish I could just say goodbye to all of it. The problem is I was 50% in 2000, 70% in 2008, 90% and TDIU in 2009. So the impact of ratings from 2000-09 could be large enough to care.

It's kind of silly though because obviously those years will be decided by what was in the record of the time. Which is why my lawyer and I thought asking the BVA to make decisions based on the evidence of record was the way to go last year but oh well. Thanks for your input.