hypertension Hbp Secndary To Ptsd

[Berta]

http://www.va.gov/vetapp06/files3/0611742.txt

This fairly recent BVA decision holds this specific medical rationale:

"The record contains several statements from VA physicians to

the effect that the veteran's blood pressure was affected by

his stress levels and that, essentially, the veteran's

service connected PTSD was a "contributing factor", among

others, in the development of the veteran's hypertension. In

a November 2001 statement, a VA physician also stated that,

in his clinical experience, PTSD could be an aggravating

factor for hypertension. In a statement dated the previous

January, a VA physician opined that it was more likely than

not that the veteran's PTSD contributed to the veteran's

hypertension. Under the Court's holding in the Allen case,

such is sufficient to establish a basis for secondary service

connection on the basis of aggravation. Accordingly, service

connection for hypertension as secondary to service connected

PTSD is granted."

[Berta]

"Berta,

That BVA case that you cited, that is only an appeal, right? It is not a precedent case, right? Being such, is it appropriate to cite it in an appeal? Hmmmm????"

BVA cases are not establishing any precedent Army-

I thik a vet should use them however- as I did- in my CUE claim evidence to support any legal issue and VA's interpetation of that issue.

Example-VA denied for accrued SMC for my deceased husband.10 years ago- The vet rep questioned that they did that but never told me to NOD it- he should have.

I filed a CUE.

M21, 1, 38 CFR, and an OGC pres op says they owe me 2 years accrued SMC due the vet.

I sent this as evidence.

But I also copied part of a BVA decision and added hyperlinks in my NOD to 4 other BVA decisions because all of the BVA cases as well as established VA case law 101 says they own me money due to clear and unmistakable error.

CAVC cases are sometimes precedental and sometimes not. OGC opinions are.

BVA cases make awards specifically on medical disabilties of specific vets- in that respect medical-not legal-

they do not provide any guideline or evidence for the RO to consider for another veteran's claim. They are not medical evidence in any respect.

They can support VA's proper interpretation, however, of a legal issue.I use hyperlinks or copy and paste of the BVA decisions I used to support my claim.

They wont ake the time to read a whole BVA decision and it was just icing on the cake evidence- my other stuff was the prime evidence to support the CUE claim.

The OGC pres op and M21-portion I sent them is VA's own own statement of how to properly handle this SMC as ratable and accrued and this is the prime facie evidence.

They dont even have to read my BVA stuff.

Edited February 16, 2007 by Berta