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Hypertension Cue


Guest jstacy

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EXCELLENT case--- John!

The medical evidence supported the HBP. The VA legal errors were in not applying regs properly to the evidence:

"A rating decision in May 1993 denied service connection for

arteriosclerotic heart disease; the veteran was notified of

that determination and did not file an appeal. The Board

concludes, however, that that decision was clearly and

unmistakably erroneous and should be reversed.

The evidence that was of record at the time of the May 1993

rating decision included the service medical records, which

contain no reference to complaints, clinical findings, or

diagnoses of heart disease; the summary of a May 1992 VA

hospitalization; and the report of a VA compensation

examination in January 1993. "

The rating decision (a legal decision) held the CUE.

The VA most likely rated this as NSC when it was clearly SC.

Good case -thanks!

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