hypertension What should I do next?

[Cliff757]

The VA gave me 60% disability back in 2009 for sleep apnea and pseudofolliculitis barbae.  I also submitted a claim for plantar fasciitis which is documented in my medical records but they denied it.  I recently submitted another claim  for plantar fasciitis again, hypertension (which is documented in my medical record along with my medication. The Va hospital diagnosed me with anxiety and depression I attended the mandatory classes, but the results came back as not being service connected, and I'm really confused and disgusted on their decisions on everything.  They did give me a 0% rating service connected  for my hypertension.  Is there something I'm doing wrong with my claims because I have friends that have less to claim but ended up with more.               

[Berta]

It does not pay to compare your claims and percentages to any other veteran's situation.

It sounds to me like you are missing the inservice nexus factor for the foot condition and also the anxiety and depression.

Can you scan and attach their Reasons and Bases here and the evidence list (cover your C file #, name, address prior to scanning it)

The decision should state what is lacking and the VCAA letter (5103 waiver) told you what evidence they needed.

[Berta]

It would help too if we can read here the actual C & P exam results.

[Gastone]

We need to see your REDACTED C & P DBQ's and Award/Denial Letters.

Having a Medical Condition recently DX'd by a VMC or private Dr/Specialist, doesn't guarantee a Service Connection Award.

Give VA Lawyer, Chris Attig's article, I think it's called the "Three Pillars of a Comp Claim," a through read. How did your Claim Stack-up?

What rating are you looking for, in regards to the Plantar Fascitis? I've had it, as well as a number of other Vets I know. The pain is extreme initially, but not necessarily disabling. A little Phys Rehab, some exercises and your back at it.

I think it's classified as an Acute condition, not chronic. Will have to take a look at the 38 CFR 4. You were DX'd with it while on active duty? how long were you layed up?

Semper Fi

[Cliff757]

Berta,

You are correct I didn't have a nexus letter.  I had no ideal that it was needed, after researching it I can see how much weight the nexus letter carries.  I haven't received my formal denial letter yet, it's coming this week I just saw the results on Ebenefits.  Once I get the letter I will scan it along with my evidences and  post it. I didn't have a C & P exam. Thanks for the information.            

[Berta]

It is often much more than a nexus 'letter',- it is proof of the link between your service and the disability you have now.

That is why vets need a copy of their SMRs, to prove any treatment for inservice injury , inservice illness with residuals, or any MH issues.

I assume that is why you received no C & P exam because 

even if VA states they received a veteran's SMRs, that sure does not mean they carefully perused them for anything to support the claim.I mentioned here before a vet I helped whose vet rep, and even his lawyers at the CAVC never fully went over his SMRs.

I sure did and it was very time consuming  and they were handwritten entries from the 1960s...very hard to read. The veteran himself never took the time to do all that and could have succeeded on his claim much sooner then the many years it took to award it.

I did have a clue from his initial BVA denial.  A medical word no one had looked up,that BVA mentioned in the first paragraph of his denial. When I looked up the medical word, I felt he might succeed.After doing much more research I knew he had a winner. The word helped establish the inservice nexus.

I was also able to prepare a strong NOD as to why his CAVC lawyers failed to meet the 5 conditions for fee payment. I never heard the outcome on that and I know he would have been contacting me if the VA paid them (for doing nothing at all to advance his claim.)

I don't do that one -to-one stuff anyone.And  even good vet reps don't really have the time to do it.They have hundreds of claims,  we usually have only one or two.

You need a copy of your SMRs. We will know more when the decision comes.

 

[Cliff757]

Berta,

I have a copy of my SMRs and I went through them and sent the VA all the information pertaining to the conditions I was claiming. I have picked up on a lot of things that I wasn't aware of when it comes to filing a claim. I'm going to see if I can get a nexus letter for my conditions and I will be posting my decision from the VA once I get it.