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Unclaimed Disability On C & P Exam

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vern2

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Recent had C & P exam and noted several disabilities that VARO added to my claim.

This is what doctor opined on spirolactone, which VA started me on in 2007 for hypertension. I am not sure if have claim or not, unless it is 1151 claim.

OPINION REQUESTED: Aggravation of a nonservice connected disability by

A service connected disability.

Was the Veteran's diverticulitis with constipation at least as

likely as not aggravated beyond its natural progression by his/her service connected

hypertension with pulmonary hypertension?

Medical opinion: It is at least as likely is not at the veteran's

constipation and diverticulitis were aggravated beyond its natural

progression by the medical treatment of his hypertension with pulmonary

hypertension.

Rationale: Diverticulosis which leads to diverticulitis has a strong

genetic component, but the veteran had no significant history of

diverticulitis prior to his antihypertensive treatment with

spironolactone. The veteran developed severe constipation and was

treated for diverticulitis with antibiotics. His CT scan confirmed the presence

of diverticuli. Although he reports that he now has no symptoms, it did

briefly aggravate the diverticulitis beyond its natural, gradual progression.

****************************************************************************

My medical records show that Pensacola JACC started me on Spironolactone in 2007 to help control hypertension and pedal edema. It caused severe constipation and diverticulitius. Still not sure if I have claim or not, as I did not file for this disability.

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Yes this is the basis for a claim.

You can file it under aggravation as a NSC by a SC, causing a secondary condition and/or under Section 1151, 38 USC.

Personally I would file it both ways, in the same claim.

The only thing that bothers me about the C & P is this statement:

"Although he reports that he now has no symptoms, it did

briefly aggravate the diverticulitis beyond its natural, gradual progression."

I dont know how they would rate this (check the VA Schedule of Ratings here)

and I sure dont know how the VA would determine a "Brief " aggravation.

Your medical records should reveal when the med began and when you started having additional documented problems directly due to this medication.

Did they treat the additional disability with meds ? That too would show how long the 'brief aggravation' really was.

Have you checked this med to see if it could have caused you other problems?

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