hypertension Secondary Conditions

[usaf1970]

I received a service connected disability rating for kidney disease recently of 60%. I have multiple other conditions at least two of which should have no problem being connected as a secondary disease. Gout and hypertension. Since I am going through the process of filing another claim...I feel like I might as well throw everything out on the table. So a couple of other things that I have also filed for aren't as clearly connected. Depression and sleep apnea.

My question is, should i even bother pushing the envelope on the other two conditions - depression and sleep apnea? I dont know if they are related or caused by kidney problems or not. So could it hurt anything to submit them as well as the other two? Without a doubt in my mind I have bad depression as a result of kidney disease and gout.

What are your thoughts?

[usaf1970]

So I originally files a claim in 2008 for kidney disease and it was denied in 2009. I did not appeal it for numerous reasons. I have requested the cfile but haven't received it yet. What I scanned in was all that was in the letter regarding the reasons and basis. If I get more I will scan it in.

I reopened this claim in August of this year so they retroed to 9/1

[Berta]

Do any other CUEerinos here see what I see here?

I think this vet got snookered and his EED should be the date of the 2008 claim if the kidney disease was at least at 10% NSC on the older rating sheet.

[usaf1970]

My claim is still showing in ebenefits as admin review even though it has been approved. Could that be the VA is looking at if this could have been a CUE without me requesting?

[john999]

When you claim secondary conditions you almost always need a medical report from a specialist making the link between the primary SC condition and the secondary condition even if it is obvious to all that they are linked. I have DMII, but I still need medical opinions that my PN was linked. The VA tried to say the PN pre-existed the DMII. I have/had cataracts but VA claimed they were not linked to Diabetes. I was already TDIU for 11 years. I would need a statement from an eye doctor saying my cataracts were caused by the DMII.

[Berta]

"Could that be the VA is looking at if this could have been a CUE without me requesting? "

Possibly , maybe they read my post here....

"I think this vet got snookered and his EED should be the date of the 2008 claim if the kidney disease was at least at 10% NSC on the older rating sheet. "

But seriously , John is right, secondaries need a medical rationale which could possibly come from a VA doc,at a C & P exam, but often the vet needs an IMO.

[usaf1970]

Thanks Berta & John. My kidney doctor has already offered to write up a letter connecting my gout to my kidney disease. I'll discuss the other things with him and see what he says. I think hypertension is also a no brainer, but not sure if mine is bad enough to warrant any additional %. Plus it is under control with meds. The depression and sleep apnea are probably a stretch...but my doctor will let me know.

Berta, a question for you. You mentioned previously that I can appeal my EED with either a CUE claim or you mentioned this in another thread:

"I am now thinking (since they obviously SCed the proteinuria disability,) that perhaps a claim under 38 CFR 3.156 would be in order...instead of a CUE claim.

hard to say at this point.....it depends on the older denial.
But I think you sure have a basis under 3.156"

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Is one of these claims better than the other? (CUE vs 38 CFR 3.156). My original claim that was denied was filed in 2008 and denied in 2009. I'm working on getting all my C-file & my denial letter from 2009. Once I have all that, I believe I'm going to request getting retro pay back to 2008. I think a CUE can do that. Can a 38 CFR 3.156 get my EED moved back even further than that?