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My first NOD
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Carl the Engineer
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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Carl the Engineer
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.
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