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.

[FormerMember]

The recipe for success is, and always has been: Disease/injury in service///Same or extremely similar disease/injury now/// doctor's nexus linking the two together with a cogent reason for why he/she is convinced of it. Works every time but some require an appeal to get a fair hearing. VA is allowed to have a proctologist opine about your flat feet. You must hire a podiatrist to make that determination. I had a VA ARNP (VA examiner) try to eviscerate a 30 year gastroenterologist's reasoned treatise on why a Vet had Hepatitis C from a jetgun. We won on appeal to the BVA. Certain claims will never be won locally like that because it's above their pay grade to do so.

[DavidinNC]

My DAV rep says we will be appealing, she didnt expect the local RO to agree and approve.

[DavidinNC]

Can anyone tell me how long I have to appeal this claim?  I thought my DAV rep was submitting my appeal but i found out that is not the case.  I am considering getting another rep, my current one is difficult to contact, i go weeks often without a reply to emails.  Also, they dont seem very interested in helping me.  I have a number of conditions, not just Diabetes.  During my time in service was treated for chronic reactive airway disease, I never had any breathing problems until i was in the Navy.  This has developed into COPD.  I also have had Apnea since the late 80s and didnt get out until 1995.

I want to find a representative that will actually help me get through this red tape the VBA keeps throwing at me.  Can anyone recommend a good VSO in my area?

[OldJoe]

If I understand correctly it is one year.  Though don't take my word for it.  I am in the same boat.  Messed up on my original claim many years ago and am now trying to fix the mistakes I made.

 

I wish you luck, stick in there.