hypertension VA disabilities changed?? update

[green]

vern2, congrats, I'm very happy for you.

green

[vern2]

I will still be semi-active on Hadit, sharing my experiences.

1. Review CAVC decisions

2. Get your C-file B4 you file and review it thoroughly.

3. Keep paper trail, even if you use eBenefits to upload claim/documentation

4. FAX, keep copy of your receipt, attach to what you sent.

These are basic things to do.

[rootbeer22]

Vern:

Congrats...I'm still fighting my own current Cardiac (QTC- Hypertensive Heart Disease )  SC rating of 10% myself and have been watching your case closely. I'm so glad that it worked out for you. Your case demonstrates that one has to continue to aggressively  persevere in order to have any chance at all of being successful and you have done that. On the other hand, I'm sorry that you have sc  heart disease  and that you get good health care to treat it. As a matter of fact, I'm having a full cardiac work-up starting this week and we'll be able to make a comparison of what QTC found out versus some of the best cardiac specialists in my area. I suspect there will be some major differences with the latter and we'll be able to do a direct comparison with what QTC concluded in the end. Frankly, it appears that they (QTC) did not include any of the information that was provided on the pre-examination worksheet that I provided to the CP examiner.  I suspect there may by grounds for an increase with my VBA Cardiac Rating once we get all of the results and I can provide for my NOD.....again Congrats and Godspeed Rootbeer22..

[Chuck75]

Noticed today that my VA disabilities on eBenefits has changed from prior 30% for hypertension with mild pulmonary hypertension.

New disabilities: ALL SERVICE CONNECTED. Date of my claim is 07/12/2012, appeal on 7 October 2013 requesting DRO de novo review.

 

1. hypertension, 10% with date of 7/6/2012

2. ED, rating 0% with date of 7/6/2012

3. Diverticulitis 0% with date of 7/6/2012

4. Headaches, 30% with date of 7/6/2012

5. Paroxysmal Atrial fibrillation (PAF), 0%, with date of 4/10/2015

6. Athherosclerotic cardiovascular disease with pulmonary hypertension, 100%, with date of 7/23/2015

7. Hypertension with mild pulmonary hypertension, 30% with date of 05/10/2003 * This was already a rated disability

* I still have a SMC_K pending for loss of use of creative organ, noted that gave me ED, with 0% SC, so maybe I can get the SMC-K.

OOPs! found this in additional benefits:

Benefits

 

Special Monthly Compensation Benefits

You are receiving the following compensation Learn More

SMC (K-1) Effective Date : 07/06/2012

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of a creative organ from 07/06/2012.

Rating Date : 11/03/2015

Wow, the SMC-K was filed in September 2015, but it was related to the ED claim that I had filed on 7/6/2012.

 

The note at top of list states 100%.

You have a 100% final degree of disability. This percentage determines the amount of benefit you will receive.

 

I am somewhat puzzled, as had prior 30%, then add 10%, 30% and 100% to reach a combined rating of 100%. I have read the tables as to how the VA determines the ratings, but still puzzled. I am still going to file an appeal on the Effective date, as no way that EF can be date the DRO made their decision.

 

This claim has been ongoing since came off AD in June 2003, filed claim in January 2004 and then on the hamster wheel!!

BTW: I did have a phone message from VA (DRO team leader)  VARO, yesterday,  but just stated he had called me with date and time.

 

So this may be partial success, but still felt the VA low balled me and unsure as to exactly what to do next. Do I file form 9 and kick it up to BVA or try to ??

 

Any ideas? Yes, I know the VA would  say be grateful and just move on, but I still feel like not getting my just and due benefits.

"no way that EF can be date the DRO made their decision"

I'd agree- I think what happened was that the RO screwed up. That aside, if the rating was for something that wasn't specifically claimed,

The RO might have considered it a "new rating".  The tricky part will be to find out exactly what was used to obtain the 100%, and what is left over.

And if what's left over can be used as a basis for SMC. The VA's most to least methodology may not produce the optimum result in some cases.

There is a court ruling concerning this that requires that the VA use the most optimum method allowed to maximize the benefit.

Edited November 9, 2015 by Chuck75

[vern2]

Am I wrong in assuming that I can get the 100% for heart AND the SMC-K-1? I was thinking that I could, but VA works in strange and un-VET friendly ways:)

[rootbeer22]

Vern:

 

Maybe so? Of course, that would mean your heart is in really rough shape now....so I hope that you are doing whatever you can do  to mitigate those cardiac symptoms?  Based upon the fact that your heart was determined to be enlarged early in the process means that you should have never had to go to these lengths to get what you should have received from the start? Frankly, I've learned a great deal about this disability stuff over the years but one never knows what direction the RO and staff may go on any contention? I've learned that there are a great deal of any number of very subjective decisions that can be made by them and hopefully some will go in our favors; and in this case..it appeared to have clearly gone your way this time? Currently,  I'm awaiting for a decision on my injuries to my  shoulders and TBI and am almost done.  I was never sent for TBI screening, so that's probably off the table for the meantime despite the traumatic  explosion that I was in? They've been working with getting an answer on my shoulders injuries for almost 3 years now, so hopefully I'll get a positive response on that fairly soon? But again, it's up to group of very busy folks...to do that?

Anyway, I'm so happy that you finally got your just due on this....Consequently, I'm starting a full cardiac work up tomorrow with a very prominent Cardiac Doctor,  so I'll be able to compare QTC and the local experts,....and maybe there's enough for an increase?

 

Take Care..Goodspeed..

Edited November 10, 2015 by rootbeer22