hypertension Confused

[htforjc]

Hello everybody, I have asked for an increase on one of my disabilities that was rated a 0% in 2006. The VA received my claim for increase on 3/18/2013 with medical evidence. The original claim completion date was 1/13/2014 to 7/9/2014. I now have an updated claim completion date of 9/28/14 to 3/30/2015. The VA further states that they never received my 5103 waiver. I contacted the VA at the 1-800 number in July 2013, the day I received the notification about the 5103 waiver. They basically said it is just a form to see if I had anymore evidence to send in. I stated that I have already sent in everything. The lady at the VA 1-800 number stated to me that she could take my statement over the phone saying I have no further evidence to submit, and to go ahead and process my claim. This took place in July of 2013. Now, e-benefits is stating that they have never received a reply from me in regards to the 5103 waiver...which is posted below. I contacted the VA today at the 1-800 number and the person states that they have in the computer my statement from July 2013 stating I have no further evidence to submit and to process my claim. So, now e-benefits has backed up my claim completion date, and saying that my claim needs further review. I received a letter from the regional office (RO) today saying the average processing time is 9 months, and they apologize for the delay . I am now over 12 months and counting, with my claim showing gathering evidence. I don't see how the VA is going to meet their processing goal by 2015 with this kind of lackadaisical work ethic. Any ideas/thoughts in regards to all this. P.S. I am sort of new here and this is my first post.

Claim Received: 03/18/2013
Claim Type: Compensation
Estimated Claim Completion Date: 09/28/2014 to 03/30/2015

Contentions: hype

hypertension (New)

Claims Status Process

Change of Status: We determined that your claim needed additional review. If additional evidence is needed from you, you will receive a letter from us explaining what is needed.

Next Steps:

We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?".

Several factors will determine the duration of the "Development" phase, including:

• type of claim filed
• number of disabilities you claim
• complexity of your disability(ies), and
• availability of evidence needed to decide your claim.

Additional Details

• Your Designated Power of Attorney

  AMERICAN LEGION

• Regional Office of Jurisdiction:

  Montgomery

• Send Documentation To

  Department of Veterans Affairs Regional Office
  Regional Office
  345 Perry Hill Road
  Montgomery, AL 36109

What Do We Still Need From Others?

This is a list of all items that have been requested from 3rd parties.

Items From Date Requested Due Date Follow-Up Dates 03/17/2014 05/16/2014

What We Have Never Received from You (solicited)

This is a list of items that have never been received from you and that have been closed.

Items Date Requested Date Closed 5103 Waiver Review 07/01/2013 03/17/2014

[TiredCoastie]

Yes, sir, that's the right math. So it does sound like you were denied although the final proof isn't in yet. Let's assume that you were denied.

The Legion will likely want you to resubmit your claim with new evidence because they'll say that's faster to an answer than the appeals process. That's typically what VSOs want you to do. My VSO at the time called it a "reconsideration claim." It's a lot less work for them and sometimes the veteran ends up the winner. The argument I got a from a senior DAV NSO was that sometimes you get a bad rater, so try it again then appeal what's left. It's a reasonable argument.

The trouble comes when that solution doesn't work. My recommendation is that you fire the Legion and file a Notice of Disagreement yourself after studying up on this site. If you formally appeal, the RO has to re-work your claim anyway just like a reconsideration claim. If they deny again, then you have an automatic avenue to take the decision to the BVA. This does a couple of things. If your reconsideration claim the Legion will likely want you to do takes more than a year from your denial, you have the potential to lose the first claim date (for the claim they just denied) which means lost retro. Then, if you do have to appeal in the end, you're already months to a year plus into the process. The reason to fire your VSO is that if they are listed as your POA during the appeals process, they become part and parcel of it and will slow it down if not completely derail it. If you need representation, try to find an attorney.

I've been down this road, have gone it alone, and have an appeal somewhere in the system and am preparing to send in a second one on my "reconsideration claim" decision. Hadit folks have been absolutely wonderful in helping me get on track to success.

Let us know how it goes. May God bless your efforts.

[htforjc]

I feel so empty and at a loss for words. I truly feel that the VA has made an egregious mistake on my rating. They have basically stated that they are keeping my rating for hypertensionn at 0% because they feel based on the evidence that my hypertension has stayed basically the same. I am currently on BP medication as before I was not. I had a recent C&P exam with three different readings averaging 146/102 stated to me by the VA examiner. If you look at my previous posts, I think any reasonable person can see that my hypertension is clearly not the same as the initial readings. My civilian doctor states that I am on a continuous mediation for control of my BP/hypertension, which the VA states they received from this doctor. The only thing I don't have is a copy of my C&P exam results from the VA examiner, which I plan on requesting. The VA examiner verbalized to me that all my BP readings were in the 140's/100's with an average of 146/102. I attempted to post a copy of my VA rating letter that I received today in the mail, but this website stated that I am not allowed to post an image extension on this website. (Maybe I copy pasted this wrong...If anyone knows how to properly copy and paste to this site let me know) I am in desperate need of helpful advice from anybody who wishes to help. I don't want to quit, but I feel so down and lost right now after waiting so long and getting a blow like this!

Edited April 22, 2014 by htforjc

[TiredCoastie]

You're most likely going to have to file a NOD, shipmate. Judging from your initial C&P results you posted above, your average was 96 diastolic when you were first rated. With a C&P showing an average of 102 diastolic, hard to say it's the same. The difficulty is that I don't know if the difference is "statistically significant" or not. A doctor may know and tell you. An honest doctor may actually try to help. Sounds like you're dealing with the VA exclusively, so the only other option is to find an IMO like Dr. Bash to help...that will cost $$$ out of your pocket and the overall increase and retro may not cover that.

The fact that you were not on medication but now are, as shown by your VA medical records including exactly when and why those medictions were first prescribed and then continued by your PCP or otherwise, should be point #2 on your NOD right after the 6 point average increase between C&P exams.

Another option you might want to just try is to send an IRIS email and ask why you were denied when your records clearly show you should have been increased to 10%? I read somewhere on this site that you may be able to work this out informally prior to having to submit a NOD through an IRIS email. It has been recommended that anyone trying this option remain professional and not start insinuating misconduct, low IQ, poor upbringing, etc on the part of those developing and approving the ratings at your RO.

Don't let them get you down. You're going to have to be persistent. If there's anything any of us can do to help, just ask.

[htforjc]

First, I want to offer a shoutout of gratitude and thanks to you 'Tired Coastie' for the advice and encouragement you have provided. Trying to maneuver through the VA can be a daunting task...especially at times when going at this alone. I have spent so many hours reading books on learning VA process, and trying to do things correctly. I consider myself a newbie on this site and have already found a plethora of information here. I requested my C&P results today at the local VA clinic and the guy said I would receive a copy of it via mail within 4-6 weeks. Once I get that in hand, I will take your advice and submit an informal request using IRIS and see what happens. I believe the initial shock and disappointment is slowly starting to wear off, and now its time to rollup the sleeves and get back to work on this claim. I do understand the piece of keeping everything/writing professional and refraining from speculation. Anyhow, once I get the C&P results I will follow up. God bless all the Veterans and their families and may justice prevail for us all.

[TiredCoastie]

Thanks for the kind words but I'm just doing what Coasties have always done, tired or not, as you know. Let the sun not rise on the day when one Coastie will turn his back on a shipmate who needs help.

[DICK HILL]

I am getting the same thing on my hypertension claim. Last July I received a 5103 and submitted it to VA. I have told the VA 3 times that there is NO more evidence. Finally in Nov 13 e-bennies showed the VA received the last 5103 on 31 Jul 13. Now all of a sudden my estimated completion date of 2 May 14 has been changed to 2 Aug 15 (additional 15 months). My TX Vet Comm Rep found out that the VA said they sent me another 5103 on 27 Mar 14 (which I still have not received in the mail) with a suspense date of 26 Apr 14. My rep said he input another 5103 on 14 Apr 14. I think this crap is nothing more than the VA messing around with us getting ammo to be used in the next Congressional update on claims backlogs. They are going to tell Congressional committee see we are behind because veterans are not providing us the evidence to finalize their claim. This is bull shit and that is exactly what I told the Secretary in a letter to him recently. Unfortunately my claim will probably be extended another 50 years because of my complaint. They have us between a rock and a hard place - and they know it. Frustrated, ticked, and unable to do a damn thing about it.