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hypertension Opinion On Cue
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VA different higher normal HBP/HTN for vets 1 2
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Ricky
In Jan 05 when I had my stroke they quickly SC'ed it secondary to my SC hypertension and DMII. However, from the start they only awarded a 10 percent rating. DC 8008 plainly, in black and white, states "rate 100 percent for six months, then rate residuals min 10 percent". Now since they did not rate my claim at the 100 percent level are required by 38 CFR DC 8008 is this CUE. I think it is as it is a violation of a regulation. There was no question on medical evidence and they did SC it - they just plain out did not provide the six months at 100 percent as required. In providing me the 10 percent rating, which should have been 100 percent for six months, they never conducted a follow-up C/P to rate the residuals. Just wondering.
Although I have filed the form 9, Jan 06, my file is still at the VARO. I was told today that the file had been signed out by a DRO on 5 Nov 2007 which indicated to him that she was reviewing the claim for some reason or another.
If the failure to comply with a regulation is CUE then I want to submit the CUE claim before they certify the file to BVA. That way it will keep the claim at the VARO and prompt another look and decision by them. If it goes to the BVA then I can not claim CUE by the VARO to them. My understanding is that if I do such a thing the file will probably be remanded back to them after the BVA decides on the other issues contained the Form 9. Below is a cut and paste of the appropriate DC from 38 CFR
8007 Brain, vessels, embolism of.
8008 Brain, vessels, thrombosis of.
8009 Brain, vessels, hemorrhage from:
Rate the vascular conditions under Codes 8007 through 8009, for 6 months 100
Rate residuals, thereafter, minimum 10
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