hypertension Non-Sc Disabilities Became Sc Due To Va Error

[soriol36]

I submitted a claim with a few new disabilities and to reopen the following disabilities shown below that were non service connected (as rated in 2007). To my surprise, I found the following statement on one of my C&Ps resutls.

INCREASE CLAIMS: The veteran is claiming an increase in her service connected:

" Hypertension

" Asthma with allergic rhinitis

" Migraine headaches

" Mitral Valve Disorder

" Right knee PFS

" Lumbar Back Strain

**Please note that the record currently does not show the veteran as service-connected for headaches, heart condition, right knee, or lumbar condition. However, errors were found in a previous rating decision, and service connection was warranted in 2007 based on her C&P exam completed within one year of service. Therefore, these issues will be treated as increase exams. Please have the examiner evaluate the current level of each disability, perform all tests as needed, and include results in the examination report.

My question is how do I go about this? How do I get a copy of my C&P for 2007? I cannot believe that they made a mistake and never contacted me about it. My ebenefits still showing those disabilities as non-service connected.

[Tomahawk]

I would guess your ebenefits won't change until after C&P examiners have done the requested exams to rate your current level of disability.
As for getting a copy of your C&P from 2007, you can go to release of information at the hospital and request it, file a request with your RO(which I wouldn't do as it will pull your file to do it), or try the Blue Button on myhealthyvet.

[john999]

It sounds like the VA is calling CUE on itself. That means you should be SC for these conditions since 2007. That should mean backpay since 2007 for all those conditions if they increase your rating. The VA does need to examine you on all these conditions. Have you been getting treatment for these conditions since you left the military? Are you only getting 10% total currently? If you have evidence of treatment for these conditions you will want to gather it and submit it along with your claims.

[soriol36]

Yes I only get 10%.

Yes I have been getting treatment at VA since 2012 and civilian doctor prior to 2012 for those disabilities and I have been on medication since I left the military for hypertension and migraines.

[Philip Rogers]

I would wait it out and see what it brings. jmo

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