Hypertension Treated by VA in the 1970's

[Max Rommel]

It looks like 2021 may be the year that hypertension (high blood pressure) finally becomes a A/O presumptive illness. If it happens, I have a "what if" question.

I am currently a 100% disabled Vietnam Veteran (prostate cancer). I was discharged in 1967. Beginning in the 1970's I was treated at the VA Hospital in West Los Angeles for high blood pressure. Although I eventually switched to private care, I have been treated for high blood pressure my entire adult life.

So my question is: If high blood pressure becomes an A/O presumptive illness, could I submit a claim for retro compensation to the 70's because the VA was treating me for it back then?

Thanks everyone.

[GBArmy]

Hi Max No, you won't get retro back to the 70's because you were treated but you never submitted a claim (and were denied). If you had, then yes you could submit and possibly get the EED. One other thing, I've been following HTN and A.O. presumptive closely over the years and since 2014 it's been deny, deny, deny. I do think it will be approved eventually, but it will impact the VA's budget so much that they won't include it until the very last. We won't see any comp this year IMHO. Maybe next!

[Buck52]

Max Rommel Quoted

'So my question is: If high blood pressure becomes an A/O presumptive illness, could I submit a claim for retro compensation to the 70's because the VA was treating me for it back then?'''

I agree with GB Army

WE HAVE TO SUBMIT A CLAIM BEFORE IT BECOMES OFFICIAL FOR COMPENSATION...IF NO CLAIM WAS EVER FILED   HOW WOULD THEY KNOW YOU FILED ONE?   We veterans have to submit our claims  and the date they revived it is the date they use  for our EED eerily effective date.

Normally...

but yes if the VA passes the A.O. Presumption for the HTN (high blood pressure)  then the date you file for it is what you will be paid any retro for when they do approve your claim for HTN (High Blood Pressure)  had you filed for it back in the 70's and was denied  and you reopen your claim today   ...I believe they will make your EED THE DATE YOU REOPEN......You can augured the fact you filed back in the 70'S BUT YOUR TIMELINE HAD RUN OUT...AND THE ACTUAL ONLY WAY TO GET IT SERVICE CONNECTED IS TO REOPEN  AND THEY ONLY USE THE REOPEN DATE OF THE CLAIM . (JMO)

[Berta]

I don't think AO HBP will ever become a presumptive, because then it would have to fall under Nehmer- and that could involve  a LOT of retro for many AO Vietnam veterans.including the Blue Water NAVY vets who fall under AO HR 299 and Procipio.

Awards have already been made to AO HBP Vietnam veterans.

They used the report I have posted link to in this forum, and they had HBP that VA deemed as "essential" meaning no know cause, but now there is a cause- Agent Orange.

 

 

[Berta]

There are soe awrds at the BVA, that I posted links to in this forum for AO HBP.

 

There are also remands that reflect the NAS report to be considered:

 

Recent Remand 

 

"2.  Obtain a medical opinion to determine the etiology of the Veteran’s hypertension. If the Board’s questions cannot be answered without a physical examination, one should be scheduled.  The examiner should answer the following question: Is it at least as likely as not (50 percent or greater) that the Veteran’s hypertension was caused by his presumed exposure to herbicide agents during service?  Why or why not? In so doing, the examiner should review Veterans and Agent Orange Update 11 (2018), in which the National Academies of Medicine concluded that there was sufficient evidence of an association between exposure to herbicide agents and hypertension."

 

https://www.va.gov/vetapp20/files1/20005113.txt

and

 

https://www.va.gov/vetapp19/files12/19196192.txt

Remand on same basis 

 

However this veteran seems to have used the NAS report to support his claim and the AO HBP was granted:

 

https://www.va.gov/vetapp20/files1/20007929.txt

 

In my claim I used title page specific pages of the NAS report, and I might have posted my claim here...

not sure-

My husband had "essential" hypertension, also it had been malpracticed on by the   (VA  1151/FTCA), and was a contributing factor to his death per my last CUE award.

 

I am surprised that the BVA is strongly considering the NAS report- enough to remand on it's basis.

 

But I feel many of  these AO HBP claims should be awarded at the RO level, if the NAS report is used as evidence. That however is a great expectation of the ROs.