diabetes Va C An P Revealed Health Problems Unknown To Veteran And Veteran Not Informed.

[DICK HILL]

FINALLY, AFTER FOREVER AND A DAY, I RECEIVED MY VA C-FILE. I HAD A VA EXAM IN 1989 AND AGAIN IN 1990. ON THE 1989 EXAM, THE DOCTOR WROTE THAT I HAD FOUR HIGH BLOOD PRESSURE READINGS WHILE SITTING (148/100, 148/100, 146/100, AND 147/96). HE ALSO WROTE THAT MY BLOOD GLUCOSE WAS HIGH. THESE HEALTH PROBLEMS WERE NOT A PART OF MY CLAIMS FILED WITH THE VA BECAUSE I DID NOT KNOW I HAD THESE MEDICAL PROBLEMS. A FEW YEARS AFTER MY MILITARY RETIREMENT, I WAS DIAGNOSED WITH HIGH BLOOD PRESSURE AND TYPE II DIABETES. MY QUESTION, IF ANY ONE CAN ANSWER IT IS: SHOULDN'T THE VA DOCTOR HAVE TOLD ME OF THESE MEDICAL PROBLEMS OR SHOULDN'T I HAVE BEEN NOTIFIED BY THE VA BY LETTER? WILL APPRECIATE YOUR THOUGHTS. THANKS

[SP4RVN1971]

Welcome Aboard, Thank you for your service. Try to remember the goal of VA is to make you go away. Never give up, and you will get your compensation.

[indyman]

Spec4RVN1971 is giving good advice, do not give up. I started out with 10%, and did not walk away all warm and fuzzy. I stayed the course and now I am at 70% and hoping for TDIU. Stay the course, read the law and regs, and remain a thorn in the VA's side. Best of luck to you.

[DICK HILL]

This is for Tbird. Thanks for the advice - in the future, I will whisper. Dick Hill

[broncovet]

Dont expect the VA to tell you that you should apply for benefits. It may happen, but, then again, you may win the lottery, too. Remember, the VA's goal is to delay and deny until you die. Once you understand that, you can be friends with the VA.

If the doc DOES tell you something, the VA automatically assumes you are there for TREATMENT, not to apply for benefits. If you want benefits you have to apply for them. If you did not apply in 1989/1990, you can try holding your breath, but the VA wont award any benefits before the LATER of the Date the VA receives your application or the Facts found, that is, the date the doc said you were disabled.

[Chuck75]

This is an interesting situation.

Was the examining doctor (1989) and/or the VA obligated to tell you about the HBP?

Did the failure to do so cause you medical harm?

Was HBP noted in the 1990 exam?

Was there another VA claim that resulted in the 1989 exam? What was it for?

Did it have any medical relation/connection to HBP?

It can be argued that the VA did make mistakes in handling the claim that was the basis for the 1989 C&P,

and further made a medical mistake in not informing you of the HBP results.

Chance of success in obtaining additional compensation due to the mistakes?

Again, maybe or not. The exact details and records have a great deal to do with the odds.

At best, I'd say that it's a 50/50 chance. Less if the information you gave is all there is.

If HBP is service connected, you might be able to get an earlier EDD if things work out in your favor.

Edited April 26, 2013 by Chuck75

[Tbird]

Thank you Dick