hypertension January Bva Decision...denial On Eed Hyp Remand On Khypscoliosis

[71M10]

Greetings all:

Haven't been on for almost a year. A lot has been going on and large doses of nuerotin are not conducive for effective analysis of VA-ola and remembering all the different facts and nuances necessary to argue with the bureaucrats.

my 2008 NOD went to BVA last year and had my hearing last October(in DC represented myself). Decision made January 2015 a continued denial on EED for hypertension (SB talking with a lawyer next week...I know, tick tock) and a remand for SC for Kyphoscoliosis under 6842. They sent it to AMC so it will be a while. Bit irritated that the ALJ didn't grant outright. I still can't see how they cannot connect, since I have a medical diagnosis of kyphoscoliosis from a VA doctor in the Thoracic spine and my last rating decision for my T spine clearly stated my SC condition causes a kyphotic and Scoliotic curvature of the T spine and my hypertension decision clearly states my right ventricle (along with both atriums and left ventricle) are enlarged.

For those that are curious, a BVA search with restrictive lung disease, kyphoscoliosis, hypertension and lets not forget Detroit should find it for you.

Still scratching my head on why the ALJ talked about CUE (never argued it)

Frustrated that even the ALJ doesn't recognize a verbal declaration was made at the physical in 88(on 2 statements in support of claim and two separate hearings) in conjunction with the written request for EKG, chest xray, and stress test note I put on the exam form. They continue to beat the must specify the benefit requested like a dead horse and don't want to discuss or recognize the form explicitly told me not to list a diagnosis. This is what happens when you are dissuaded by a SGT at the Transition separation point from listing a heart condition on your VA form because you don't have a diagnosis(telling you it would be fraud) and then following VA instructions on a form when you try to ask about it at your C&P physical. May have to let this one go, unless I can get a lawyer to pick up the ball and run with it(one said no and one is looking at it right now).

Best regards,

[Philip Rogers]

Did they deny that you have the diagnosis or did they deny service-connection(SC)?? If the ALJ mentioned "CUE," then you may have a CUE claim. The ALG wouldn't decide that issue because that issue was not before him/her, at that time. Sounds to me like s/he was suggesting you file a CUE claim. jmo

pr

[broncovet]

Hang in there. Remember, just because one or two or even three lawyers dont take your case, does not mean your case is not valid. It could mean, instead:

1. The law firm is not capitalized well enough to wait years on its money. (most likely).

2. The law firm does not have expertise in this area of VA law, and does not want to risk number one.

3. The law firm is so successful, they are cherry picking and they dont feel yours is enough retro to suit them.

4. The law firm is so busy, they dont feel they can give you justice right now.

5. They simply may not get your point.

Like yourself, I have not had that great of luck with law firms. Generally, my RO is so bad that lawyers that represent VA claimants are swamped right now. You just need to expand your search, and keep going. Remember, part/all of your fees may be paid either by a pro bono attorney, or through EAJA fees.