diabetes My Cue

[DavidinNC]

Hello,

I am starting a new topic, unfortunately I had hijacked another veterans. My apologies for that.

I was discharged from the US Navy in August 1995 for having contracted Type I Diabetes. I was provided a severance check from the Navy. I submitted for VA education benefits and VA disability compensation in Charleston, SC. I was awarded the education benefits and enrolled in school. I lost my job, and we had to move to NC for another position. I went to the VA in Winston-Salem to apply for education benefits and disability compensation. I was denied the education benefits since I now had a job. Thanks VA! I never heard back from the VA on the compensation. I applied again later in Georgia, but never received any response from that either. Frankly, I gave up in disgust wondering how such an organization could do these things to our Veterans and get away with it for decades.

in 2010, I decided to reapply for disability benefits. I had diabetes for 15 years, and was wanting to have this settled so my wife wouldn't have to deal with it after I was gone. I received a phone call for a Compensation hearing appointment on a Friday, stating the appointment was the following Monday. I informed the caller I was not able to make that appointment due to an overseas business trip, and requested the appointment be changed, which the caller stated she would. Several weeks later, I received a notice from the VA stating I had failed to appear for this hearing, so they had given me the default compensation rate of 20%.

I requested another hearing in November 2013. In May 2014, my Insulin pump was failing, and I learned the VA was now issuing those. I went to the clinic to begin the process of getting a new pump. When i requested an appointment, (again, I was there on a Friday) I was told I had two appointments coming the following Monday, for guess what? My second compensation hearing. I never received notice of this. I asked the attendant to print the appointment letter for me. At the bottom of the letter it stated if I failed to appear, my request would be dismissed. I was beginning to understand now.

I attended the hearing the following Monday, and the doctor was kind enough to mention she saw in my file the original request for disability compensation from August of 1996 when I had moved to North Carolina.

I obtained a DAV representative, who helped me get my compensation to 40%, but I wont see any of that until something like 2017. Also she has filed a CUE asking VBA to retroactively change my compensation date to August 1996. I have attached the documentation requesting the change.

I would like to know if this stands much of a chance. If it does, what chances are there they will consider my 40% rating to that date, or if they will default to the 20% rating?

I wish I had not gotten so frustrated with the poor service, and at the time, the horrible medical treatment for vets. I was having seizures, wrecking cars, and my employment and family were threatened, but the VA wouldn't help me with an insulin pump. Ive broken bones, knocked out teeth twice and other things, but because they were not documented to the VA, they act like they never happened.

I apologize for the long rant, but this has been a real source of aggravation for me for nearly 20 years. The doctors I now have at the VA and the treatment has improved, but the VBA still seems to hide behind a wall of deny, delay and die mentality.

[DavidinNC]

One other question. Is there any chance my education benefit could be recovered? I don't really trust the VA acted properly when I was denied the benefit in NC, after being awarded it in SC.

[Berta]

" I never heard back from the VA on the compensation. I applied again later in Georgia, but never received any response from that either."

"I obtained a DAV representative, who helped me get my compensation to 40%, but I wont see any of that until something like 2017."
Why?

"Also she has filed a CUE asking VBA to retroactively change my compensation date to August 1996. I have attached the documentation requesting the change

Did you post at a different forum at hadit? I thought I opined on this doc. download some time ago....maybe not....

It is definitely a valid CUE from what I can see.I might have added more to my past reply....if this is the same download.

"I was denied the education benefits since I now had a job."
Do you still have that denial letter?

If so can you scan and attach it here?

I dont get it.....My husband was Voc Rehab and also worked for the VA.

Almost everyone if not all, in my classes at AMU (except me-I am a civilian) was getting the GI Bill and they all had jobs
(they were active duty and this was a military school)

http://www.benefits.va.gov/gibill/resources/benefits_resources/rates/ch30/ch30rates100113.asp

I dont get it...was this the GI Bill or Voc Rehab????

[FormerMember]

Your VSO rep. incorrectly stated you have Diabetes Melitus or DMII. Above you cite that you have Diabetes I or Diabetes Insipitus. There's a big difference in the two when mistakes are made. Be sure you follow up and straighten that one out.

7909Diabetes insipidus

Polyuria with near-continuous thirst, and more than two documented episodes of dehydration requiring parenteral hydration in the past year

100

Polyuria with near-continuous thirst, and one or two documented episodes of dehydration requiring parenteral hydration in the past year

60

Polyuria with near-continuous thirst, and one or more episodes of dehydration in the past year not requiring parenteral hydration

40

Polyuria with near-continuous thirst

20

7913Diabetes mellitus

Requiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occupational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength

or complications that would be compensable if separately evaluated

100

Requiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated

60

Requiring insulin, restricted diet, and regulation of activities

40

Requiring insulin and restricted diet, or; oral hypoglycemic agent and restricted diet

20

Manageable by restricted diet only

10 Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a 100 percent evaluation. Noncompensable complications are considered part of the diabetic process under diagnostic code 7913. Note (2): When diabetes mellitus has been conclusively diagnosed, do not request a glucose tolerance test solely for rating purposes. 7914Neoplasm, malignant, any specified part of the endocrine system 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.

[DavidinNC]

Hello,

First to Berta's questions...

Yes, I had posted on another thread. I didnt want to interfere anymore with the other veterans post.

The reason I wont see any of that money until 2017 as I understand is because the VA is recouping the severance check I was given by the Navy. Still dont understand why I was given that only to have it taken away again. Really doesnt make sense to me.

I was not given a denial letter. It was just an old guy at the VA center. He told me I no longer qualified since I had a job. I was pretty mad as I was really looking forward to having a degree, but felt like I had no where to turn to. It was Vocational Rehab.

Now to asknod....

I would say based on my past issues and current symptoms I fall between these two categories;

equiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if separately evaluated

60
Requiring insulin, restricted diet, and regulation of activities

At a minimum, I am on an Insulin pump, and have to carefully regulate my activities. My sugars are always changing a lot. Just last night I had a low of 61, and woke up this morning at 393. Prior to getting an Insulin pump, I had about 12 seizures. I have knocked out my front teeth twice, (one set were implants), broken a finger on my right hand, wrecked a truck once. I have had them overseas, on airplanes, in Walmart 4 times. I am very careful about walking around much, such as shopping as it always makes my blood sugar plummet. The problem is most of these episodes are not well documented. Since getting an insulin pump, I have only had 3 seizures, (since 2007), but I have lows and highs every single week.

Thanks for the note on the type of Diabetes in the CUE. I will see about getting that corrected.

[DavidinNC]

asknod,

After reading through, I do not have Diabetes Insipitus. I have Diabetes Mellitus, type I.

[DavidinNC]

I checked with my DAV rep, she states there has been no updates on my CUE filing. She told me the status was "ready for decision" on May 5th. I'm not sure why it would take them so long.