I am ready to file NOD appeals for the 3rd time on hypertension and infertility claims.

See attachments for the Reasons and Bases, etc.

If anyone has suggestions on how to proceed please let me know. Thanks

I have a few thoughts on the hypertension part of this decision. If you have symptoms of hypertension but the condition was never formally diagnosed in service or within a year of discharge, as long as there's evidence in your service medical records (and private or VA medical records within a year of discharge) that reflect high BP readings and/or other symptoms of HP, then you do not need a formal diagnosis of hypertension in order to prevail. We went through this exact same thing years ago with hypertension, and won. In fact, we're going through the same thing with a different condition at the Court at the moment, and the VA is trying to pull the same stunt. Also, it's ample evidence of symptoms, and not treatment, that should suffice to support a claim. The fact that the VA or the military didn't formally diagnose you does not mean that the symptoms weren't there.

Second, if you are service-connected for any condition for which you're taking medication that causes hypertension as a side effect, you can claim the HP as service connected as well. I don't know what your situation is, but I thought I'd mention it.

I read your blood pressure readings and in my opinion, they were Super Good.

I have Hypertension myself and love those kind of readings, of course yours

were probably with medication as mine.

Is it written anywhere in your service records of Hypertension?

Again, this is only my opinion, as I am not a doctor.

Always the Best to You.

HTN has to be recorded with High BP readings in service. In the year following service, They must have been compensable according to the directives. That means it has to be 160/100 or higher.

I wish I had bettter news on this.

J

Along with this - since there is no record of testing for or documentation of scarring of the tubes this is also a dead end.

Infertility is not reconized by VA as a disability.

I think infertility is recognizable under SMC "k" award.

pr

In both claims, the VA found-for the hypertension- no nexus to your service.

This will take medical evidence that relates to some inservice HBP problem.It seems they are saying the SMR's are silent for HBP.

Do you have your SMRs? Is the VA wrong-in that you were treated inservice for hypertension?

The claim for infertility and scarring of fallopian tubes-

the VA examiner found no evidence of either infertility or the scarring-
if this doc is wrong-do you have any test results proving these conditions to send to the VA?

Any evidence from private doctors? if not VA docs?

The VA decision is based on the evidence they had-
send them (and mention this all in the NOD) any medical evidence they did not consider in the decision that proves they are wrong.

It also states,
SMR's show multiple treatment for
XX,XX,XX,XX, INFERTILITY................

carlie

There is documentation of scarring of the tubes in my record in the form of surgery performed by an Army doctor while I was on active duty. The C&P examiner flat ignored the surgical record in her report. Ref. the HPN that she used in her report she choose the best readings verses the worst ones, what a quack!! I did a scale on my healthy vet, it indicated HPN, my current VA primary wrote in my record after seeing my readings that they indicated HPN.

Maybe as loss or loss of use of a creative organ.

If you have proof (which I did not see in your original post) via your service records then you should be ok with the claim.

What are the medical credentials of the C & P examiner compared to your VA primary care provider? Was the examiner a PA, an NP, a resident, and your primary a full-fledged M.D.? If there is a vast difference in the medical credentials between the two, you may also want to use that information to support your claim that the readings taken and subsequent diagnosis by your VA primary care provider are more credible than the C & P examiner's opinion.

Respond within 30 days to the SOC with all the info you mentioned here- references to any surgery and the SMRs.

And of course they used the lowest readings for the HBP- fight this line by line-and rebutt every single thing they said which is not accurate or correct.

[quote name='vaf' date='May 15 2009, 08:37 AM' post='145115']
What are the medical credentials of the C & P examiner compared to your VA primary care provider? Was the examiner a PA, an NP, a resident, and your primary a full-fledged M.D.? If there is a vast difference in the medical credentials between the two, you may also want to use that information to support your claim that the readings taken and subsequent diagnosis by your VA primary care provider are more credible than the C & P examiner's opinion.
[/qu
Don't recall the C&P credentials, but will definitely check it out and follow your advice.
Thanks everyone for your comments and suggestions. As I am sure you all know this process can be overwhelming, so, please forgive me if I am slow to responding.

One of the nice things about Hadit is that you can move as fast or slow as you want.No one is timing you.