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Hypertension Rating - Dropped to 0%. Months Later given Increased BP Meds?

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Wico1337

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Sorry for the lengthy post. I just wanted to give a COMPLETE timeline so you can fully understand the situation and give your best judgement on what is happened.

This is a complicated issue. Feedback on thoughts is appreciated.
 
Rated for Hypertension around 5 years ago at 10%.
 
Blood pressure randomly spikes up to Diastolic 130 during Service connected issues (Frequent Kidney Stones and Mental Health). But on most days, the diastolic has been floating around 110+ for a few years.
 
Decide 1 year ago to file VA Increase Claim for Hypertension
 
5 Months pass - 2022 November - Called in for appointment with VES. Letter sent about VES Doctor states that it is in his first year of being Doctor and also working with VA. The whole visit just seemed weird. He said a few narcissistic things that set off red flags. I come into the appointment with 3 different day blood pressure readings. He tells me that is not how VA ratings work for Hypertension and denies to put the readings on file. He tells me that Hypertension readings are in accordance to what your BP readings have been for the past year. My readings were literally all 3 from VA appointments over the past year. Never was my reading below 105 Diastolic during the past year. He said "Someone with consistent Diastolic over 110 would only have 6 months to live."
 
I just nodded my head and try to be as respectful as possible.
 
Fast forward 2 months of silence. I get a letter from the VA saying that VES was going to schedule a second appointment with me on my hypertension. I heard nothing from VES. A month later I get a letter in the mail from the VA saying that my rating was reduced from 10% to 0% for hypertension.
 
The doctors reasoning was... "Upon entering service, during MEPS, Veteran had a Diastolic of 85. Last medical appointment during seperation in 2014, Veterans Diastolic was at 89. One year later in 2015, the veterans diastolic was at 105. This can be seen as natural progression and Veterans hypertension should not be linked with his service."
 
You read that right. This VES doctor for some reason was trying to disconnect my service connection. Luckily the VA only decreased me to 0% and did not remove my connection.
 
That decision letter was 4 months ago. Fast forward to 2 weeks ago where I have another Primary care doctor visit. Doctor sees my blood pressure is around 175/115 on average of 5 readings. He asks me if this was normal. I tell him I felt pretty good and that is a normal BP for me. Told him that sometimes I get really stressed out at home and can get really high.. Around 200/130. He tells me not to go back to work, and instead go to the VA hospital to pick up a new prescription.
So now I am in a weird position.
 
If I file an appeal right now. And this Blood Pressure medicine does help my blood pressure. Then I feel like there will be no retroactive rating for the past years that my Hypertension has been horrible. My blood pressure has been xxxxxx up for years. I get a VES Doctor who was having a bad day. And now if this Blood Pressure medication does help me lower the numbers, will the VA not consider the fact that there was malpractice in my rating last year?
 
According to the VA, you can only get an Increase in Blood Pressure rating if you have shown consistent high blood pressure for years. Would they not do the same when rating if my blood pressure was fixed for less than a year? This whole system is frustrating and messed up.
 
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You posted:

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That decision letter was 4 months ago.

This means you are in the appeal period, and can dispute the reduction.  NOTE:  YOu posted it was about 5 years ago.  

5 years is a very, very big deal.  Your ratings are protected at 5 years or P and T.  Over 5.000 years..protected.  

4.9999999 years..not protected.  

 

    If you appeal, and are successful, the reduction should be "as if it never happened", and you should get retro for any months you did not receive compensation.  Of course, I have not read your file and dont know if your appeal will succeed.  

BUT WAIT!!!!!   It almost sounds like VA could have reduced you illegally.  To reduce you, if P and T, or over 5 years, they have to "send you a notice" of a proposed reduction, giving you ample opportunity to dispute the proposed reduction.  "If" they did not do a reduction proposal, it should be void ab initio, providing of course, it was not a temporary rating.  (under 5 years).  

     If you like I can cite the regulations, but I have done it enough times..that, well, if you want them cited, ask.  

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