hypertension Disability Compensation Question

[usaf1970]

Hi everyone. This is my first post. Thanks to everyone who takes the time to answer these message boards, there is a lot of great knowledge here.

So here is my situation, I separated from the Air Force in 1996. Approximately 3 months prior to separating I had a physical exam with lab results that came back with proteinuria and blood in my urine. I had no idea what this meant, so I asked the physician and he said "if could be caused by strenous exercise or it could be early signs of kidney disease. follow up with a civilian physician when you get out." He more or less acted like it wasn't a huge deal. I went to a civilian doctor a year later and he stated I still had proteinuria, and referred me to a kidney specialist. It turns out this was the early signs of kidney disease. I have had medical coverage through my civilian job since separating, and really never thought I needed to make a claim with the VA as long as I am receiving medical coverage.

So fast forward many years, and in the mid 2000's my kidney disease progressed. I now have hypertension and pretty severe gout. My kidney specialist believes these are secondary to my kidney disease. Again, I had no idea kidney disease could cause gout. I suffered through gout for a few years thinking I had tendinitis or a sprained foot or something else before a doctor smart enough said "yep, that's gout!" After learning how the kidneys work and how gout is related....now I feel I'm in a pretty bad situation and possibly looking at dialysis and possibly a kidney transplant. Thankfully so far I'm not that bad off. I have about 60-65% kidney functionality.

In 2008 I became unemployed and at the unemployment office, I spoke to a VSO. He listened to my situation and suggested I file a claim for disability. I completed the paperwork, signed medical release forms for my kidney doctor, etc... And a few months later got a rejection letter stating "lack of medical evidence". If I wanted to appeal it, please submit an appeal to the VA if I have NEW medical evidence. As far as I knew, they had received all medical evidence.

So a few months ago this year, I told my story to another VSO who said it doesn't sound right. That my kidney disease should have been service connected, and the secondary diseases should be considered connected as well. I submitted another claim to have it reopened and now I have a C & P exam scheduled. (never got that far in 2008). From most everything I have read, IF this claim is approved, the VA will only back date benefits to the date of this SECOND claim. This doesn't really seem right to me. I admit I was naive on the first claim, and didn't really understand the process. But it seems if this is considered service connected, the VA should back date benefits at LEAST back to 2008.

So I have 3 questions (sorry for the rambling).... 1) will I have a problem with the VA finding my kidney disease (acute glomerolnephritis) service related during my C & P exam? 2) if it is found to be service connected, and hypertention and gout are determined to be connected...how far back will the VA backdate benefits? 3) what is your best bet at what kind of rating I may receive? I have proteinuria, granular casts in my urine, reduced kidney functionality (40%), at least 5-10 gout attacks per year, some fairly severe...but never requiring hospitalization.

Thank you for any light you can shed.

[Berta]

Over the years when I got discouraged by VA, it was often music that brought me out of that negative state of mind.I use Amazon alot these days, to buy specific MP3 and then download them to CDs.It is cheaper than buying en entire album if I just want one or 2 songs....and the CDs can be copied by burning them off....I just burned off a Christmas CD for a friend....it included Willie Nelson ,the Beatles, even Dave Brubeck, all Christmas, but different genres.

Your SMRs might well be with the VARO who is handling the claim.

In 2008 they denied the initial claim... at that time they should have sent you a VCAA letter telling you exactly what evidence they needed.

Do you believe that new and material evidence was strong enough for them to re open...?

My RO tried to deny me a re-open in 2003. But their attempt failed.

Still it became part of a long battle.

2008 was not that long ago,in your case, and if it was a question of the inservice nexus factor, they will still need proof of that.

I dont believe VA really reads SMRs well at all. That is why it is always good to get a copy of them ASAP before they are sent to the VARO.

On SMRs, years ago I requested via NARA, on a SF 180 my husband's USMC and USN SMRs.

I got the Navy SMRs and a letter indicating that his USMC SMRS were at the Buffalo VARO.

That is where they should have been ,as I had a claim in progress at that time.

I assume that is where your SMRs are, but dont know iof they would release a copy of them while your claim is still in progress.