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Dro De Novo Review

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vern2

Question

Recently I sent Ms. Allison Hickey an email on 11 March 2015 on my backlogged NOD and claims.

This is part of one email that the Director sent me. My claim has been ongoing since 2003. I am currently rated 30% SC for hypertension. I filed 11 new contentions, including request for increase in my HTN rating in July 2012. The VA rater also added three more contentions to my list.

extract from email from St. Pete Director today-13 March 2015

VA examinations were previously requested for the claimed conditions,
however, additional information is needed before a Decision Review
Officer decision can be rendered. A request for five aggravation
opinions, a request for reevaluation of his service-connected
hypertension with pulmonary hypertension, and a request for 1
secondary/aggravation opinion was submitted to the Pensacola VA
Outpatient Clinic on March 11, 2015.
When we receive this information
back, we can review and make a decision on your appeal.

I am sure it is just a coincidence, but this happened the same day that I emailed Ms. Hickey. What exactly does the highlighted statement mean?

I have another C & P exam next Wednesday, which would be #7, all for basically same thing, HTN, heart disease and secondary conditions caused by HTN and heart disease.

I have nothing new to tell the C & P examiner, just re-state same information that i gave on 8 August 2013. I have some new info, such as DBQ's by two cardiologists, and several tests results. I did complain to Ms. Hickey about the sheer number of C & P exams. I have disputed every C & P exam with data to counter act the misstatements by the VA examiner.

Oh well, can anyone enlighten me as to the highlighted statement?

Feeling depressed again, time for more Prozac :sad:

Vern2

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  • Content Curator/HadIt.com Elder

Hi Vern,

Aggravation can mean that a condition existed before service and was 'aggravated' during service. However, it could also be interpreted as a new claim secondary to an existing (or proposed) SC conditon. Based on what you mention about secondary condition, my opinion is that is could be just that.

The DBQ's might help.

Yeah, the VA loves C&P exams. I have had some instances where one doc did several, but others where I had them all strung out on different days with different doctors. Don't worry about having too many of them. Some of us had to fight tooth and nail just to get them.

You are doing the right thing by contesting them if you feel you got the short end of the stick. Please keep in mind that even if you feel they did do them correctly, the raters could still screw up. I had a rater misread the ROM mm measurement, but when I pointed this out to the DRO, they corrected it.

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Went to C&P exam yesterday, but only for facial scars, nothing about heart. What a bummer! More delays.

repeat after me, delay, delay and hope they die, or refrain, deny, deny and hope they die.

feeling depressed

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Well maybe mine was kind of weird. It went well and I am glad I brought my wife in with me I about lost it a couple of times. But wifey enhanced my calm. At the very least 3 of my conditions on appeal are going up and the sleep apnea is either being service connected or at the very least getting a new examination. Her last statement was leaning towards service connection. So a positive experience at the hearing, whether it yields the results I'm looking yet remains to be seen, however, I should get a response within 30 days. At least this part is done.

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