Rating for High Blood Pressure for someone who suffers service connected intermittent pain from Kidney Stones?

[Wico1337]

Hello,

I was SC/rated for Kidney Stones 8 years ago at 30%.

I was SC/rated for High Blood Pressure last year at 10%.

During my evaluation for HBP claim last year, the rater told me I should have had my blood pressure checked days before. But noone briefed me on this. So the nurse decided to take my blood pressure 3 times and gave me the 10% rating. I brought up to the rater that I frequently pass Kidney Stones. Probably around 5-6 per year. During that time, my blood pressure sky-rockets. Last time I went to the VA emergency room for kidney stones, my blood pressure was at 192/123 for multiple readings. I told the rater this information, but she didnt seem to care. According to the 192/123 blood pressure, I should have had a 40% rating for High Blood pressure if they considered the circumstances.

I guess my question is, does the VA consider intermittent guaranteed pain levels in accordance with service connected conditions that are causing the pain? I feel like since the VA is forced to rate veterans at a rating of their symptoms pre-medication. That they should also be rating veterans who have drastically higher blood pressure while medicated with high blood pressure pills and in severe pain that happens many times throughout the year... Is this how it is supposed to work? Do you think this would be worth filing a claim to increase my VA rating for blood pressure for? Or would it be a waste?

Edited June 28, 2022 by Wico1337

[GBArmy]

You need an independent medical opinion. I'm not a doc or have a medical background, and since you aren't either, there is no way you are going to get an approval without a medical eval in your favor. Acute vs. chronic is a basic criteria throughout the VA's eval process. Acute means it is severe but intermittent and goes away in less than 6 months. Chronic lasts more than 6 months and stays even with meds, treatments, etc. I would expect they are considering the intermittent occurrences acute and are not meeting their criteria. You need a IMO that argues it is by its repetitive hits to be chronic.

[Dustoff1970]

If you cannot find a doctor to give you an important favorable supportive medical opinion, then you have to go with what you got, and those medical records and VA medication prescription copies plus important ER treatment copies, notes, discharge summaries and high BP readings are important to your claim.   

I received the highest 60% rating for GERD due to fact I included emergency room treatment copies for two separate admissions in two years for severe GERD symptoms that I thought was a heart attack and after extensive testing for two days the doctors ruled out heart attack.

I did not have the important doctor's support opinion or statement for the GERD claim but relied only upon VA and private medical treatment records to include prescription drug copies and my own written and oral statements as to my severe symptoms and that PTSD and PTSD medications caused and aggravated my GERD.

As I did with GERD claim you need to stress your most severe symptoms before, during and after medications.  For example, I truthfully stated my GERD symptoms were still severe after and while taking VA medications with only very minor relief due to medications.  I also stressed and clearly stated the long-term recurring severe symptoms (chronic) of my GERD.

Very carefully reread the 38 CFR Schedule of Ratings Disabilities for your kidney stone and Hypertension High BP conditions so you will know what are the severe symptoms for those conditions. 

In all my successful claims and appeals I also describe how the severe symptoms adversely impacts my daily life, routine, sleep and work abilities.  Works for me. A paid VSO at VA regional offices and hospital may be of good assistance to you. I am done here now and best of luck to you.

My comment is not legal advice as I am not an attorney, paralegal or VSO.

[Lemuel]

On 6/28/2022 at 3:53 AM, Dustoff 11 said:

If you cannot find a doctor to give you an important favorable supportive medical opinion, then you have to go with what you got, and those medical records and VA medication prescription copies plus important ER treatment copies, notes, discharge summaries and high BP readings are important to your claim.   

I received the highest 60% rating for GERD due to fact I included emergency room treatment copies for two separate admissions in two years for severe GERD symptoms that I thought was a heart attack and after extensive testing for two days the doctors ruled out heart attack.

I did not have the important doctor's support opinion or statement for the GERD claim but relied only upon VA and private medical treatment records to include prescription drug copies and my own written and oral statements as to my severe symptoms and that PTSD and PTSD medications caused and aggravated my GERD.

As I did with GERD claim you need to stress your most severe symptoms before, during and after medications.  For example, I truthfully stated my GERD symptoms were still severe after and while taking VA medications with only very minor relief due to medications.  I also stressed and clearly stated the long-term recurring severe symptoms (chronic) of my GERD.

Very carefully reread the 38 CFR Schedule of Ratings Disabilities for your kidney stone and Hypertension High BP conditions so you will know what are the severe symptoms for those conditions. 

In all my successful claims and appeals I also describe how the severe symptoms adversely impacts my daily life, routine, sleep and work abilities.  Works for me. A paid VSO at VA regional offices and hospital may be of good assistance to you. I am done here now and best of luck to you.

My comment is not legal advice as I am not an attorney, paralegal or VSO.

If anyone took Zantac or Ranitidine for GERD and developed cancer, there is a Class action lawsuit in play: levinlaw.com

I signed up for my bladder cancer and 11 years of use of Ranitidine prescribed by the VA.  

[Dustoff1970]

58 minutes ago, Lemuel said:

If anyone took Zantac or Ranitidine for GERD and developed cancer, there is a Class action lawsuit in play: levinlaw.com

I signed up for my bladder cancer and 11 years of use of Ranitidine prescribed by the VA.  

I did take VA Ranitidine for severe GERD from 2000 to 2016 when they switched me to another.  So far I haven't developed any problems that I know of and still going strong fishing and camping at age 76.   The new Ranitidine now has new ingredients so I may switch back to it.   It was great stuff when I used it for 16 years. 

If I tragically do develop bladder cancer, then I have another Vietnam Agent Orange Claim to add to my list behind Ischemic IHD heart disease.

Thanks for the law link.

[Phury & Rhage]

On 6/28/2022 at 12:34 AM, Wico1337 said:

I feel like since the VA is forced to rate veterans at a rating of their symptoms pre-medication. That they should also be rating veterans who have drastically higher blood pressure while medicated with high blood pressure pills and in severe pain that happens many times throughout the year... Is this how it is supposed to work?

Hello,

This is not a conclusive answer, but GENERALLY, a 10% rating for hypertension was probably evaluated based on "Diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control" which is the criteria in 38 CFR § 4.104 Schedule of ratings - cardiovascular system under diagnostic code 7101 Hypertensive vascular disease (hypertension and isolated systolic hypertension)."  Your decision should have said what you needed to show in order to get the next higher evaluation.  They are required to rate on the predominate reading.  Keep in mind, the readings in your record my not show all the data you want.  Make sure any ER documentation is in your record for EVERY visit.  Unless you go to the doctor on a regular basis more often than the "5 to 6" times you pass kidney stones (with an ER visit), then your predominate reading would be the ones from the ER.  Super important to make sure the record captures all of the info that you want the VA to consider when rating....

Good luck to you!

Phury