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My first NOD

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Carl the Engineer

Question

Dug out the decision and see I have until Jan 4, 2020 to git ur dun!!  No problems..., as my daughter says.

Been contemplating right along, but finally determined I have nothing to loose, and only money to gain, ten years at ten percent, so lets go!

1. Original claim for hypertension was service connected at 0% effective August 19, 2008.  STR's and private med records from 2004 and 2008 (two sets, same records, printed different dates in my c-file).

    -from the rating letter dated August 17, 2009.   "The evidence of record does not support a higher evaluation because your pressures are well controlled and you do not have a history of diastolic readings predominantly 100 or more."

2. Claim for increase for hypertension was granted at 10% effective November 5, 2018.  STR's and private med records from 2004 and 2008.  Exact same records used in 08 claim, as found in my c-file, and in my files.

     -from the C&P exam dated December 7, 2018.  "d. Does the Veteran have a history of a diastolic BP elevation to predominantly 100 or more?  (X) Yes  (  ) No"

Facts known,

1.  I have only had in my lifetime, two, diastolic readings above 100.  Ever.  Both in 2004, one Military, one private.

2.  Both med records have been in my STR's, which the VA had, since 2004.

Conundrums,

1.  My history of high readings does not fit the criteria in the bible, so they might re-evaluate the recent decision and I loose 10%, but I would still stay at 90% for comp.

2.  The C&P examiner was favorable to my argument and this might get him/her in a jam.  Not sure it matters, but I feel they may have pointed the ship in the right direction.

3.  As always, leave well enough alone.  We've all been there...

4.  Is this a NOD for a better EED, or I hate too say, CUE..

Anyway, got all the info I think I need to pounce,

Thanks as always,

Hamslice

 

 

 

 

 

 

 

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  • HadIt.com Elder

Hamslice I'm not sure what you are trying to accomplish. You are now rated at 10% for htn. You got the rating based on two OLD readings. If you appeal for a higher rating, they will certainly give you another C&P and your readings most likely will be UNDER 100, so, you can lose that rating of 10%. I am really surprised that they gave you the 10% on appeal based on old ratings. Because htn is one of those conditions that can actually "get better", you probably run a very high risk of having to be re-checked and drop to 0% which was your original rating. Now, if you are looking for back pay for EED, you open up re-eval I believe because they have reason to look at all the facts. Even if your 90% would still be ok due to VA math, I wouldn't do it. IMO

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Hamslice...If I understand correctly you were rated 10% for HTN from two older BP readings (I am sure your records have several more than that) in 11/5/2018. If you were given an EED for the 10% (I am not sure what date that would be), would it give you any extra back pay? If not you may want to think about filing the NOD, as GB stated above you will open yourself to be looked at for past disabilities (even though they claim they don't). I went in for a back increase and they are now trying to lower my rating (it has been nothing but a nightmare).

As with anything you are your own best judge on what to do, make sure you will benefit from the NOD if not you might just want to let the sleeping dog lie. 

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  • HadIt.com Elder

Hey ham I say go for it GB Army is correct they may try to say you don't have a history of the 100 readings I understand his way of thinking and open up a reevaluation current ,but you do have this on record and it should help with your claim

''-from the C&P exam dated December 7, 2018.  "d. Does the Veteran have a history of a diastolic BP elevation to predominantly 100 or more?  (X) Yes  (  ) N''

so they can't come back and say you don't have a 100 reading or history  of it 

I doubt they will take away what they gave you on the 10%  but to me your evidence seems to outweigh any come back from them to take it away   I say if they don't increase this  it will more than likely just stay the same as you are at present...we never know how or what the decision will be  so that's why we file.

 

Edited by Buck52
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First, I am not asking for an increase, just looking at the possibility of getting 10 years retro at 10%, give or take.

Second, to clarify, I have had only two, ever, diastolic readings above one hundred.  I  have many more lower readings in my STR's.

Finally, just looking for the best way to do this, or to just punt,

Hamslice

 

Edited by Hamslice
cause I can
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Hamslice, I say punt but only you can decide what you need to do.  Ten years of backpay at 10% might sound enticing but they might also take your 10% once you open up the EED ball.  I requested an EED on a decision but it was on an NOD.  The included a request for an increase but they cannot reduce you at an NOD so I should be fine.  You never know what the VA is going to do.  I will not say don't rock the boat but I will say proceed with caution.

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Thanks everyone,

I may punt after-all, because, I don't think its an appeal of the decision for the increase to 10%, but rather, why they didn't use the same logic they used in '18 back in '09.  So, the one year thing is not that big and I can come back to this in the future.  Possibly a cue, I don't know.

But what I do know is I need 40% to get to 100 scheduler, or a bilat of 20 and a 10.  So, with that said, a loss of 10% now, might make that harder to attain.  I'm at 91 raw points currently.

I have a new secondary claim (recently diagnosed and attributable) that I will be working on this winter, to busy now, and we will see where that takes me.

Thanks again for the input, 

Hamslice

 

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