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Phone Call For C@p Examination Today

Guest jstacy


This afternon I received a call from the local VA to schedule an appt for C@P exam. Scheduled it for tommorrow afternoon. I Inquired to the nice lady what the exam was for and she said it was for Hypertenison / Heart.

I had a C@P back in 94 for this but the SMR was not available. Claim was denied. Records were reveived in 1997, Asked to reopen, denied on no new evidence. Record was reviewed in 2005 and HTN was found in SMR. send a Cue Claim as well as MD statement dignosing HTN within first post service year with DIastolic readings over 100.

Have since been diagnosed with Heart disease, CAD, Ejection at 50 woth Diffuse NArrowing of all epicardial arteries with Pulmonary Hypertension.

I have printed out all records , Exam criteria, and hopefully have loaded up my stack of information.

Am I forgetting anything?

What are Hadit's thoughts concerning the Cue.


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John-did the CUE claim specify a legal error?

Were the SMRs available to VA when they made the 1997 decision?

I believe the new proposed regulation RIN 2900-AM15 could help your claim.


"SUMMARY: This document amends the Department of Veterans Affairs (VA)

rules regarding the reconsideration of decisions on claims for benefits

based on newly discovered service records received after the initial

decision on a claim. The revision will provide consistency in

adjudication of certain types of claims."

DATES: Effective Date: This amendment is effective October 6, 2006."

I have not found the actual amendment yet.

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  • HadIt.com Elder


I can tell you that you do have a cue claim, as you state that you filed in 1994 and were denied but that the SMR's were available in 1997.

You state that you send a Cue Claim as well as MD statement dignosing HTN within first post service year with Diastolic readings over 100.

When did you file your first claim for Hypertension? Was the earliest date 1994?

With what you have said they will owe you back to the first filing date or whenever your discharge was from service.

I know that I have been around and around the Mulberry Bush with my claim of cue since my first filing of 1978 and again in 2002 and my missing Psychiatric Records and then me getting those psychiatric records for the Va. first time seen by the Va. in 2004.

My claim has been denied in 1978 again in 2002 and a pension in 2003, granting me a pension, stating due to my being 100% disabled since 1983.

My claims file is now on the desk of the male Psychistrist at the medical center to rationale the reason why he wouldn't sign the examination and why the lady psychiatrist lied and changed my medical records, this is by way of the Appeals Management Center by remand of BVA.

Perhaps the system is starting to change?

After 5 years, I never thought that I would see this day happen.


I do believe that they are going to have to pay you back to your discharge date.

Isn't this the way that you read it??

I have had to fight the deep ocean to prove those Psychiatrist did indeed engage in hypnosis on me and write up a bunch of lies and now the baby is in their lap! I wouldn't haven't cared, if she had written up the truth!

The lady Psychaitrist authored the C&P write up , not the male Psychiatist.


Edited by Josephine (see edit history)
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Berta, Josephine, The first claim was filed in 1994. They received the Service records in 1997. After I found that out, I sent a claim to re-open and it was denied due to the records were negative for Hypertension. After a review of the Claims folder, I found 2 issues were listed on the summary page where the Discharge physical examiner purged the records. This was evidence not considered.

I filed the claim based on the fact that the decision was fatally flawed by the RO not including the Evidence of record by stating the evidence did not exisit when actually it did.

I also stated it is not how the evidence was weighed, It was the fact that it was ignored. and given the attitude of the RO at the time I knew I was in for a Denial.

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  • HadIt.com Elder


You are retro back to your filing record of 1994 and congratulations for another win for the veteran.

I do believe that we are showing the Va that we just aren't going to stand for all of this.

I spoke with the BVA and was told that my claim is the first C&P, in 20 years, that has been sent back to the Pshchiatrist to reconcile their difference and to give them a complete rationale of their decision to deny me. The male Psychiatirst refused to sign the C&P authored by the lady and he now has it own his desk.

This is a win for me.

The easy thing. for the BVA, would have been to order me a new C&P and let that lady Psychiatrist off the hook, but they chose not too! She commited fraud with the intent to deceive in changing my military records and my private medical records of the last 42 years.

The Doctors at the Va are going to find out that they are not immune and will have to back up what they write and say.

I do believe that changes are on the way!!

Good luck, as I do believe that more money for you is soon to be on its' way!!



Edited by Josephine (see edit history)
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§ 3.309 Disease subject to presumptive service connection.

(a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied.

Anemia, primary.



Atrophy, progressive muscular.

Brain hemorrhage.

Brain thrombosis.


Calculi of the kidney, bladder, or gallbladder.

Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

Cirrhosis of the liver.


Diabetes mellitus.

Encephalitis lethargica residuals.

Endocarditis. (This term covers all forms of valvular heart disease.)



Hansen's disease.

Hodgkin's disease.


Lupus erythematosus, systemic.

Myasthenia gravis.




Other organic diseases of the nervous system.

Osteitis deformans (Paget's disease).


Palsy, bulbar.

Paralysis agitans.


Purpura idiopathic, hemorrhagic.

Raynaud's disease.



Sclerosis, amyotrophic lateral.

Sclerosis, multiple.


Thromboangiitis obliterans (Buerger's disease).

Tuberculosis, active.

Tumors, malignant, or of the brain or spinal cord or peripheral nerves.

Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.

(:rolleyes: Tropical diseases. The following diseases shall be granted

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  • HadIt.com Elder

I know that at least two secondary conditions of DMII are considered presumptive unless shown otherwise. They are arterioscelorsis and cataracts.

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Guest jangrin

Jstacy or john999,

How does the VA rate arteriosclerosis. It is such a "silent" disease and the VA does not perform most heart test and arteriosclerosis is not just the heart. I understand that it can ben in peripheral body parts and brain as well.

How can the VA rate this?


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Jangrin, it is rated under Coronary Artery disease or CAD. It is often diagnosed by Heart Cath or Angio , I believe a CT scan with contrast will also pick it up.

Here is the Directive.

7005 Arteriosclerotic heart disease (Coronary artery disease):

With documented coronary artery disease resulting in:

Chronic congestive heart failure, or; workload of 3 METs or 100

less results in dyspnea, fatigue, angina, dizziness, or

syncope, or; left ventricular dysfunction with an ejection

fraction of less than 30 percent...........................

More than one episode of acute congestive heart failure in 60

the past year, or; workload of greater than 3 METs but not

greater than 5 METs results in dyspnea, fatigue, angina,

dizziness, or syncope, or; left ventricular dysfunction

with an ejection fraction of 30 to 50 percent..............

Workload of greater than 5 METs but not greater than 7 METs 30

results in dyspnea, fatigue, angina, dizziness, or syncope,

or; evidence of cardiac hypertrophy or dilatation on

electrocardiogram, echocardiogram, or X-ray................

Workload of greater than 7 METs but not greater than 10 METs 10

results in dyspnea, fatigue, angina, dizziness, or syncope,

or; continuous medication required.........................

Note: If nonservice-connected arteriosclerotic heart disease is

superimposed on service-connected valvular or other non-

arteriosclerotic heart disease, request a medical opinion as to

which condition is causing the current signs and symptoms.

Edited by jstacy (see edit history)
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  • HadIt.com Elder

Yes, a CT scan will show it in the legs I know that. An ultra sound will show it also. If it is in the legs the person may get cramps in their calfs when they walk. I found mine by accident via a CT scan for some other purpose.

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