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hypertension Hypertension...secondary Blood Clots, Copd With Lung Fibrosis/honeycombing?
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VA different higher normal HBP/HTN for vets 1 2
By Dustoff1970,
- blood pressure
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Guest morgan
I'm helping a veteran who was treated for hypertension in service (on medication). Several years after discharge, he had multiple episodes of blood clots, one of which was a pulmonary embolism that damaged/scarred his lung. Later, he was diagnosed with COPD with emphysema--many years after service and after stopping smoking (started with military-provided cigs). The veteran says he had several different tests to rule out known blood disorders that could cause the abnormal clotting, and all of them were ruled out. One of his private doctors told him (only verbally...and the doctor is dead now) that the emphysema was related to smoking, but the COPD was secondary to hypertension because the high blood pressure damaged his blood vessel walls causing them to be susceptible to blood clots. He and a VSO wrote a letter to the VARO about the doctor's explanation, as well as submitting something found online from a medical university study supporting his claim for secondary SC. The VA service connected the COPD (didn't mention emphysema).
I want to help him but I'm confused. I thought COPD is emphysema, or vice versa, and that the cause is smoking. Anyone ever heard of this connection to hypertension?
The problem is his POA asked for a rating increase because the lung condition is much worse. Now the VARO (not the original granting office) says it is going to reconsider and sever the SC granted in 2001. Poor guy is devastated. Like many elder veterans, he didn't know until he was 60 that he could file a claim.
My question: can VA do this legally? If so, could this be an example of "failure to appropriately apply the ratings schedule" as legal grounds for CUE (to get around the interpretation of medical evidence rule)? Or is there a difference in calling CUE on itself and merely reconsidering and correcting a rating? Isn't there something about being over 55 with 5 years being rated at 100% that could help him?
Edited by morganLink to comment
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