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hypertension Va Cues Itself
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Berta 4,216
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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