hypertension Bva appeal

[Drillserg63]

had bva hearing for a appeal. For a appeal from 2011. With 2 positive nexus letters and one negative. Lawyer asked judge if there was anything else that we could provide to substantiate the claim. He said no. The judge said I was a credible witness and that I had very significant evidence. Appeal is for hypertensive heart disease secondary to service connected hypertension. When the c&p Dr changed my diagnosis to valve disease and the dro denied. My private Dr since has provided a nexus letter saying I do have hhd and it is more likely than not related to hypertension. I even sent the dro my progress notes which says hhd without heart failure and an icd code. He put in the SOC that is not a diagnosis. My attorney told the judge this is an error on Va part. The first c&p Dr wrote in his opinion that the subsequent condition hhd is at least as likely as not related to hypertension because medically there is a pathological relationship. The diagnosis hypertension because they are the same condition just named differently. Seems the dro just found an examiner to support the denial and totally over looked my positive evidence. Heck he didn't even mention the 2 positive nexus in the soc

[Drillserg63]

well called bva the guy said they take 4 /6 weeks to type it. What doe's that mean

 

[flores97]

Drillserg63, he might have meant the recording of your hearing is being transcripted, in other words, an admin is listening to the recording and typing everything up for the judge/attorney to read, and then make a decision on. 

[Drillserg63]

OK thanks Flores 97. That makes sense

[joan r.bigwood]

waiting sincefeb.18th 2015 for any answers from b.v.a. decision. I too Berta have the very same situations. wrongful death negligence ptsd, severe, all 3 children also disabled and have sever p.t.s.d.  certified hardship was sent to washington by, d.a.v. also Jim Mcgoverens office. and i was diagnosed with ms, and dr. signed for aid and attendence. i'm lost this has been 30 years my husband was diagnosed unsound mind, while still serving our country and this is what established entitlement was based on after i a denied back in 1987, my husband shot himself in home, was a war zone in my home for years, and children went thru all. recieved a condolence letter in march 25th(my wedding annaversary) 2010. i called (at time in Boston still)  Senator Kerry. He had claim reopened, to the letter of all my husbands medical records,that i gave them back in 1987 claim, is what they based service connected on. there is alot to what happened. need someone to talk to. certified letters have been sent to the bva, by our congressmen and a dva rep. to this day , i have heard nothing. i live in ma. i need a lawer for so many claims against va. please email me , if you will. joanbigwood886@gmail.com   thank you joan

[joan r.bigwood]

I also need to tell you . from start of first claim, they sent replys to wrong name, they had wrong s.s. #s on some med records, wrong names with my husbands s.s. #. said they loaned records out and couldn't help me.  thru out these years all have had suicide attempts(children)  financial hardship severly. homessness because of va mistakes and took my income. just so much!  i been alone with this for 30years in june. my family needs closure and my husband deserves to be honored, va needs to make right what they didn't do when i put my claim in.

[Berta]

Are you seeking an earlier DIC date for more retro?

Can you scan and attach here the Reasons and Bases part of  the last decision you received from the RO, the one that is at the BVA?

"my husband was diagnosed unsound mind, while still serving our country and this is what established entitlement was based on after i a denied back in 1987"

The 1987 decision could hold a CUE ( Clear and unmistakable error) but we would need to see the Reasons and Bases for that  decision as well.

Or perhaps they never used his SMRs that showed the in-service diagnosis at that time ( or never requested them)

I have put considerable information here over the years in our DIC and 1151 forums.

I am assuming you do get DIC under Section 1151,but could be wrong.

(Cover C file, name, address prior to scanning)

Or are you seeking accrued benefits?

The criteria for Accrued benefits and also how they determine the EED for DIC is explained here at hadit under a search.

With more info we can help.

Was he autopsied and if so do you have a copy of the autopsy result?

In my case the autopsy of my husband was critical evidence for me to overcome the 1151 DIC with 2 additional direct service connected death DIC awards.

That took lots of work but it gave him Peace with Honor.

It gave me that as well.

We have lawyers contact info here, also they can be found on POAs in DIC awarded claims at the BVA web site. 0ne of the best is Bob Walsh.

 

 

 

 

 

Edited February 3, 2016 by Berta