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hypertension CUE, certainly a lot of errors
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VA different higher normal HBP/HTN for vets 1 2
By Dustoff1970,
- blood pressure
- compensation
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Question
Palma114
Hypertension was denied on 3/28/2016,
This is a remand from BVA 2014, where I requested an initial compensation of 10%, in which VARO had denied it in 2013, and only granted service connection rating only. 1/20/2016 I had a DRO hearing, and I explained everything I thought pretty good. I was diagnosed with hypertension on 10/16/2003, it was 161/76 on 7/2003 and was 212/103 on 10/16/2003 and was put on
continuous bp medication every since to this present day, these are the bp readings on medications prior to filing claim: 161/76 7/2003, 212/103 10/16/2003, 180/86 12/02/2003, 161/88 12/03/2003, 160/91 12/19/2003, 165/96 2/20/2004, all of this information and evidence was put on my VA Form 9. As I reviewed the soc in the evidence section there were
nothing mentioned of my VA Form 9, and I noticed there is a lot of items listed of another claim that I have pending which is separate, but nothing of my NOD or VA Form 9. So I read her decision: Entitlement to an initial compensable rating for hypertension remains denied.
Reasons and Bases:
Service connection for hypertension has been established as directly related to military service.
During your personal hearing, you stated that you should receive a compensable rating of 10 percent for hypertension. You reported having elevated BPR's which meet the criteria for a 10 percent evaluation.
The cited evidence was reviewed and considered. Your VA Medical Center treatment reports show a history of your bp readings since the issuance of the cited SOC. Your BPR on Feb 17, 2015 was 127/71, Your BPR on March 26, 2015 was 125/80. On Oct 9, 2015 BPR was 121/76. On Dec 18, 2015 BPR was 134/77. The evidence shows you have been prescribed medication for treatment of this condition.
Could somebody please tell me, what the hell is this DRO talking about. Didn't even bother reading the M21-1 III iv SecE or my VA Form 9. As I read her decisions more, it appears to me that she has the service connection granted date of 5/2013 confused with, when I was actually diagnosed, which was 10/16/2003 and not understanding that this case was filed in 2004. This DRO has denied my case based on 2015 & 2016 BPR'S.
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TALON II FE
Also, corrected by meds should not come into play.
broncovet
You want to file a regular NOD, not raise the bar to the CUE level for no good reason. Cue is when you fail to file a timely NOD.
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