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Va Cues Itself


Berta
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Question

I got the idea some time ago that,in some cases, we can ask the VA to CUE itself it they have made legal error in a pending claim decision. It worked for me a few times.

I got the idea from reading BVA decisions.

In this recent decision the VA had CUED itself on past awards to the veteran and they proposed to sever his compensation.t didnt work.

"In July 2006, the RO proposed to sever service connection for

peripheral artery disease of the bilateral lower extremities,

hypertension, impotence, and peripheral neuropathy of the

bilateral upper and lower extremities because the grant of

service connection was clearly and unmistakably erroneous.

ORDER

Severance of service connection was improper and service

connection for peripheral artery disease of the right lower

extremity is restored.

Severance of service connection was improper and service

connection for peripheral artery disease of the left lower

extremity is restored.

Severance of service connection was improper and service

connection for hypertension is restored.

Severance of service connection was improper and service

connection for peripheral neuropathy of the right lower

extremity is restored.

Severance of service connection was improper and service

connection for peripheral neuropathy of the left lower

extremity is restored.

Severance of service connection was improper and service

connection for peripheral neuropathy of the right upper

extremity is restored.

Severance of service connection was improper and service

connection for peripheral neuropathy of the left upper

extremity is restored.

Severance of service connection was improper and service

connection for impotence is restored."

http://www4.va.gov/vetapp10/files2/1014144.txt

The case is an interesting read but I need to post more info on this in the AO forum- as the new IHD regs do NOT include PAD (peripheral arterial disease)

I am researching PAD as it is a profound consequence usually of diabetes mellitus.

In his 2004 IMO for my AO diabetes claim Dr. Bash clearly stated my husband had not only DMII, but also ischemic heart disease and also PAD as a consequence of his DMII.My husband also had PN due to DMII.

I dont know much about PAD and the Plasix commercial was just on TV again-

It looks to me that many DMII vets could possibly have both PN and PAD as ,per this decision from the BVA, these are distinctly different disabilities ,rated separately. I havent seen many PAD claims at all and I wonder if the VA is properl;y diagnosing PAD when the vet might have PN diagnosed but also had PAD too and it should be claimed and rated.

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Berta,

This is a very good case to refer back to on reductions.

Thanks for posting.

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Berta

You know vets who have DMII should have CT scans of their legs. This will show if they have blockages or calcification of veins in the legs. This is a very common secondary condition of DMII. The VA never does this because they don't want to spend the money. There is also a pretty easy test that will show the blood flow to the legs.

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Yep-it all boils down to money-

I bet there are plenty of vets with DMII and PN but also have PAD.

In one of my IMOs Dr. Bash stated:

Death Certificate cause of death:Myocardial arrhythmia, ischemia,coronary atery artheroscelosis multiple cerebral infarcts..."

adding "it is well known that diabetes causes this patient's type of vascular disease as Braunwald states the following:

The risk of development of PAD (peripheral artery disease) increases threefold to fourfold in patients with diabetes mellitus."

Braunwald Heart Disease: A Textbook of Cardiovascular Medicine,6th edition, 2001 page 1458

(Braunwald is one of the top notch cardio medical reference texts in the world.)

That is a seripus statistic on PAD and DMII.

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