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Should I file a NOD for denied Hypertension claim?


Zoomie

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Denied S/C for Hypertension contention. BBE states "hypertension is denied since this condition neither occurred in nor was caused by service". Also gives the presumptive basis jargon.

While serving as a traditional guardsman I was diagnosed with HTN and prescribed Amlodopine. Two years later while on active duty my B/P went up to 170/100. I was seen by my private physician and was prescribed Lisinopril to manage my blood pressure. The date on the treatment record is during my AD time.

Both meds are listed on my 2766 in My SMR.

Could this be service connected being that the condition worsened while on active duty?

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If you have "Compelling New & Material Evidence," that supports you position or think you'll be able to obtain Evidence that has not been considered, file the NOD.

Has your VSO-Rep filed for the VA "Official Reconsideration" of the recent Denial based on the Existing Evidence in your C-File?

I haven't seen any success stories from the "Reconsideration Request," but you never know, worth a shot and better than doing nothing. Has no effect on your NOD filing Date Requirements.

Keep in mind, with a NOD DRO Review (Faster than BVA Hearing) or an actual DRO Hearing ( a little faster than a BVA Hearing), you MUST have and supply to your RO, New & Material Evidence that was not available to the original Rater. Lacking the "New Evidence," guarantees a DRO Administrative Denial.  BVA Hearings, the "Traditional Appeal Route," really don't require N & M Evidence.

12 months from your Denial Letter Date, is your Drop Dead Date for filing you NOD. Don't let your Claim DIR.

Semper Fi

 

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