hypertension Help With A Claim Upgrade Please!

[Navy ELT to EMT-P]

Hi all,

First of all I am so glad I found this forum. This call for help is for my wife's case, that I am helping with. Here is the background. She served from 1997-1999 in the navy active duty. While in boot she came down with mono. During 18 months of A school her symptoms persisted. She was seen dozens of times at sick call by corpsmen and each time had a pregnancy test and sent back to work. When she finally passed out at work and was taken to see an internal medicine doc, they found she was still positive for mono. In her report the doc stated that her current condition was caused by the poor care she received which was below the standard of care for any military or civilian health care. Nice huh? She was quickly found unfit for duty placed on TDRL to PDRL and got a VA rating. 20% sc CFS, and some ortho stuff that put her at 50 percent total.

Now 13 years later her symptoms have worsened, to where she cant work, is home bound 50 percent of the time and often is too exhausted to eat, shower or brush her hair. Before she got sicker she was a respected high school math teacher and this has been hard. Additionally she has been diagnosed with fibromialgia, depression secondary to CFS, her ortho has worsened requiring surgery in both shoulders, hypertension, sleep disturbances, hyperlipidemia. She has only seen civilian docs since leaving the service.

She submitted a claim to have her rating increased, she used the local Texas Vet commission VSO and they did a pretty crappy job. Specifically they only put her CFS, hypertension and one shoulder on her claim. Paperwork was lost, ext ect ect. Now it has been filed and she just got her C/P exam scheduled for June. So here are my questions:

1. VSO, we need help with the paperwork, she is to tired and forgetful because of her illness and I am working 60+ hours a week and taking care of 4 kids. Does anybody have a recommendation for a good advocate in the central texas area? We aren't very involved with the vet community. We have had a recommendation for the Jewish War Vets rep in Dallas and are willing to drive, but this recommendation was not based on knowing his record only because we are friends with the JWV Austin post commander. We will drive to Waco, Dallas, San Antonio for somebody that will do a good job.

2. Should she at this time add the additional claims? Fibro, the left shoulder? We have been waiting for 18 months and money is critical. We don't want to add them now if its going to push this all back another year.

3. Looking at the rating guide she really looks like a 60 or 100 percent for CFS, from what I'm saying what are your WAGs?

4. IMO, I think its worth it. Espically to nexus the depression and hypertension, the literature supports this. Who do you all like? Dr Bash, or is there anybody good in texas? What should this cost? Also should we do this before of after the C/P. Also if we don't add the additional claims should the IMO only cover whats on the current claim or everything so it can be used for the next claim as well?

I think thats it for now. Any other help you guys ave would be most appreaciated.

[Teac]

I can't recommend any VSO, I am under the opinion that most are worthless that it is better to learn the procedures and take care of any claims your self.

Hadit is a good place to start.

Now as to the claims that were submitted concerning the new issues.

Unless your wife was diagnosed on active duty with these conditions (fibromyalgia, depression secondary to CFS, shoulders, hypertension, sleep disturbances, hyperlipidemia. ) It is very unlikely she would receive a service connected rating. If she doesn't have a diagnoses in her medical records from active duty, she needs to get a doctor to review her active duty medical records along with her current medical records, and the doctor needs to determine if there is any way her current conditions are related to her service. Keep in mind it is not enough to say they are related to service, the medical statement must be justified and supported by the medical evidence. I suspect that since she was discharged 13 years ago, that these are new conditions not associated in any way to her active service. A lot depends on when she started receiving care for the new issues, if she had care on active duty, and did care continue into civilian life by private doctors. If she was out a couple of years or more before seeking care for the new issues service connection is unlikely.

Best of luck.

[Navy ELT to EMT-P]

Thanks for the reply- this might be a rookie question but if she is already sc for CFS and her right shoulder does it make a difference if the rest are rated as such. She received treatment for the shoulders CFS and symptoms consistent with fibro. The depression, from her doctor was caused by the CFS (sc). A lot of medical research states that hypertension can be caused by CSF. The left shoulder was declined initially by the VA but this is new evidence. These are reasons I'm considering paying for a good IMO.

So at this point should we continue with the claim as filed or add the missing diagnoses. We really want to get a adjustment on the CHF as soon as possible.

Thanks so much all.

[Meddac]

Adding more claims right now would do a couple of things depending on how many issues are currently being claimed. Either way, adding more now would very likely push the time backwards on the pending claim. The VA is currently undergoing a new process (transformation). 1-2 issues on a claim are going to take far less time than 3+ issues once this change is complete. I know some VSOs but recommendations are scetchy at best.

[Teac]

Thanks for the reply- this might be a rookie question but if she is already sc for CFS and her right shoulder does it make a difference if the rest are rated as such. She received treatment for the shoulders CFS and symptoms consistent with fibro. The depression, from her doctor was caused by the CFS (sc). A lot of medical research states that hypertension can be caused by CSF. The left shoulder was declined initially by the VA but this is new evidence. These are reasons I'm considering paying for a good IMO.

So at this point should we continue with the claim as filed or add the missing diagnoses. We really want to get a adjustment on the CHF as soon as possible.

Thanks so much all.

Her problems may well be secondary to her service connected condition, if that is the case the doctors must indicate this in writing and be able to justify their opinion. You can't go by medical information you find on the internet, because va doesn't general information.... Chances are if the shoulder was denied once, it will be denied again... that is unless you have a medical opinion that clearly supports service connection., You really need to provide all the medical evidence that you have to include any diagnoses. If you don't provide the evidence than chances are your going to be doing appeals after appeals its best to provide the information up front. It the long run it would save you time...

[deanbrt]

You need an IMO and, I think, a VA attorney that might take the claims on contingency. Among other things, it will tell you how strong your claims are if they do or do not take it.

The American Legion was helpful to me. DAV was worse than worthless. The problem with all of them is that it really gets down to the individual VSO.

[meghp0405]

Sir, I would recommend that you seek out the assistance of the DAV in Waco. I am located in Kentucky, and about 3-4 years ago, A veteran had called me requesting assistance on her claim. I referred her to the DAV WACO office and she was very much pleased with her results.

Many on here are against VSO's and they have that right to be for what ever reason. I would suggest seeking this organization before obtaing a lawyer. that's like putting the cart in front of the horse. At leat obtain an appointment with them, bring all your documents and sit down face to face with them. Then make the decision on how you want to pursue your plight.You lose nothing.

I agree with some of the comments about VSO's. There are some that should just stay home and take up basket weaving. But, there are also many VSO's that are knowledgable and will bend over backwards to do everything in their power to assist.

Find a VSO that is always busy. There is a reason he/she is always busy versus the one sitting and waiting for someone to show up.