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hypertension Think I Made A Big Mistake
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betrayed
On May 31st I filed a Form 9, the box I do not want a BVA Hearing was checked.
Also submitted with the form 9 was a statement in support which stated "Please be advised that I am submitting to you today a VA form 9 to protect my right to appeal those issues listed. I do not want this VA form 9 to supercede my request for a hearing with a DRO which is pending."
The County VSO who helped me with it told only to list the items that were coming up on the one year mark and not the other items (I have filed multiple claims).
Heart Disease and Depression were not listed on the form 9 or addressed in the 24 page letter that accopanied the form 9. I had a DRO Hearing on 18 July, which was informal, my understanding that after I did what he told me and after another C&P he would review my case. I asked the DRO could I add heart disease with out making everything go back to step one, he said sure, and we did a simple Statement in support requesting Heart Disease be added to my claim and I gave them all the medical evidence I had for heart disease. Depression was not mentioned. I was told by the DRO he was going to ask for another C&P for all the items listed.
I begain collecting more evidence from all my civilian doctors, which included all my mental health stuff. I had the C&P on Sep 18th, and on sep 23rd I submitted another 55 pages of medical evidence which included allot of mental health evidence.
The C&P did not cover my heart nor did it cover mental health nor were these listed on the form 9. I dont beleive a C&P for my heart or mental health is necessary because of previous C&P's for them, and my evidence supports a 50% rating for heart disease (ejection fraction at 48% per VA stress test) and a 70% rating for depression and anxiety (when he pulls up my VAMC records he should see pysch ward admission for being suicidal). I am worried when the DRO does his review he will not consider the heart disease or depresion because it was not listed on the form 9.
I am really counting on my cervical condition currently SC0%, Hypertension denied, incoordination of the right upper extremity SC0%, Meniere's disease SC0%, the heart disease and depression to put me over 100% schedular as I am at 70% now.
What should I do? I am not asking my DAV VSO cause I dont trust all his advice.
I am thinking about calling the appeals team and asking them will these two items be considered, and if they say no, is there anything I can do to have them considered?
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