hypertension Received New Rating

[Jayco]

Just received a final evaluation from the VA. My disability rating went from 40% in 2012 to currently 70% after they received a missing medical questionnaire sent by my doctor.

About 10 months ago I filed a NOD for sleep apnea being a secondary condition due to diabetes. There is no mention of the NOD in this final evaluation. It simply states that sleep apnea is still denied. Does this mean the NOD has been decided or do they address the NOD separately?

In my preliminary evaluation where they established the 40% rating they had my hypertension as service connected due to diabetes. In the letter I just received establishing a 70 % rating they are saying that the hypertension approval was done in error and they are withdrawing it as being service connected. They will now not pay for any treatment related to hypertension. I have not researched hypertension, so not sure if what they have done is valid or not. Should I file a NOD?

Thanks for your help.

[Berta]

Did they formally propose a reduction to the HBP or just go ahead and reduce it?

Sounds like VA BS to me.

can you scan and post the decision that contains the HBP denial here?

Cover C file number, name, address prior to scanning it.

I just got a HBP denial fixed in mere weeks. The 'medical 'examiner didnt have a clue and tried to overcome a VA Central opinion on the 1151 HBP.

HBP can become a killer ,if porly controlled, and .leading to stroke , and all sorts of other problems.

Something seems strange here. They awarded and then all of a sudden they took back the SC HBP rating?

It is good that they did give you an increase but how does the 75% breakdown ( there is no 75 % rating so I don't now what you mean by that.)

[Jayco]

Removing HBP is proposed. It's not been done.

Correction on disability rating. It is 70%. Not 75.

I will scan and send pages pertaining to the decision shorlly. Any help is appreciated.

Thank you.

[Jayco]

Serveral attempts at uploading pages from decision letter pertaining to the HBP decision, but keep getting server errors. Will try again later.

[Jayco]

Berta,

Keep getting server error when I try to upload a PDF. Do you have an email address I could use and send as attachments? Would really like your input.

Thanks

[Jayco]

Response from my VSO says the VA is calling the granting of HBP a CUE. Removing HBP is correcting the error. I asked my VSO for assistance in obtaining the VA medical opion on why it should be removed. Apparently there isn't one since it was just an error from the beginning that is being corrected.

[Jayco]

Berta, copy of pages you requested. Thanks.

After a thorough review of all medical evidence, it appears that the previous grant of service connection for hypertension was in error. Thus, we propose to sever service connection for hypertension. Please see section entitled "What We Propose" for more details.

What We Propose

After a thorough review of all medical evidence, the VA examiner provided a medical opinion that your hypertension is less likely than not related to your diabetes rnellitu. A. further explanation is provided in the attached rating decision stating that the previously granted service connection was in error. Thus, we must propose to sever service connection for hypertension.

If we do sever service connection for hypertension, then you will no longer be entitled to treatment for this condition. However, if we do sever service connection for hypertension, your compensation payment will continue unchanged.

This action will not create an overpayment.

We have enclosed a copy of our Rating Decision for your review. It provides a detailed explanation about our decision. You can find the evidence we considered in the section titled "Evidence." The reasons for our decision can be found in the portion of the rating titled "Reasons for Decision" or "Reasons and Bases".

Wnat Lviclence Can You Submit?

You may submit medical or other evidence, to show that we should not make this change. You may submit this evidence in person, through the mail or through your accredited representative. The best typo of evidence to submit is a statement from a physician who recently treated or examined you. It should include detailed findings about the condition(s). If we do not receive additional evidence from you within 60 days, we will reduce your evaluation. Reduced payments will begin the first day of the third month following our notice to you of the final decision

If you would like our assistance in obtaining information, please complete and return the enclosed VA Form 21-4142, Authorization to Disclose Information, and VA Form 21-4142a, General Release for Medical Provider ide, In/o,rnauon, so that wc can request treatment rci.ords from your private medical sources

For any statement in response to this proposal, you may use the enclosed VA Form 214138, Statement in Support of Claim.

Where Should You Send What We Need?

Please mail or fax all written correspondence to the appropriate address listed on the attached Where to Send Your Written Correspondence chart, below.

How to Obtain a Personal Hearing

If you desire a personal hearing to present evidence or argument on any point in your claim notify this office and we will arrange a time and place for the hearing. You may use the enclosed VA Form 21-4138 Statement in Support of 'Claim, 1mm for this purpose If sou want, you may bring witnesses and their testimony will be entered in the record. VA will furrish the hearing room and provide hearing officials. VA cannot pay for any other expenses of the hearing since a personal hearing is held only on your request. Please see the enclosed VA Form 21-0789, Your Rights to Representation and a Hearing, for more information.

It within 30 days from the date of this notice, VA receives your hearing request, we will continue payments at the present rate until we have held the bearing and reviewed the testimony. Continuing to receive the current rate of payment until a hearing as conducted could result in the creation of an overpayment, which you must repay. If you request a hearing but wish to minimize any overpayment which could result, you should submit a statement asking that we reduce or suspend your benefits beginning with your next check.

You may request a hearing after 30 days; however, we may continue with our proposed action.