diabetes NOD FOR EARLIER DATE FOR DIABETES MELLITUS TYPE II

[redmitch]

My private Dr. determined I had Diabetes Mellitus Type II October, 2010.  I filed a claim for VA disability benefits in January, 2011 and this claim was denied for failiure to prove I was ever in Vietnam.  I served in the Security Service and was TDY to Cam RAn Bay, Vietnam but this command had kept sparse records and my claim was denied. I had also followed up at the VA hospital and was taking Metformin until approximately early 2016.  In 2016 I was awarded 10% for diabetes finally proving the NEXUS to service in Vietnam through the help of buddy letters that were not available when my original claim was filed.  I was actually told I was SOL because of the nature of my command.  Things change and the command is now doing an excellent job of providing buddy letters.  I have filed a NOD at the behest of my representative because I believe the VA did not do enough to help me prove I was in country and therefore was exposed to AO.  My question is how long will it take for the NOD filed October, 2016 to be addressed; and do you think my argument is sound enough to warrant awarding benefits back to January, 2011?  Also since I was on Metformin until 2016 which is documented in the VA hospital records is there a chance that my percentage will be raised from 10% to a higher amount?

[Buck52]

what dates were you in Vietnam?

as for as your Oct 2016 NOD  that's anybody's guess as to win they will get to it.

not sure they will go back to 2011  but you can request they do.

Its all a gamble and if you don't file then there's no claim or what if's.

file and let them work it out.

[broncovet]

Yes, and yes.  YOu need to order a copy of your cfile.  The effective date is the later of the "date you applied" or the facts found.  (The date the doc said you became disabled.)

You also need to timely file a nod disputing the effective date.  

If you post the reasons that they gave you for the effective date, in the decision, it may help us to help you on how to word your appeal.  

[Berta]

"I filed a claim for VA disability benefits in January, 2011 and this claim was denied for failiure to prove I was ever in Vietnam. "

Did they give you any DMII NSC rating on the rating sheet for that denial?

"My private Dr. determined I had Diabetes Mellitus Type II October, 2010 "

When did the VA receive that info?

You might have basis for a CUE claim.Might.....or more retro under a 38 CFR 3.156 claim.

Under Nehmer if a disability "should have been rated ( coded) "in a past decision and was subsequently awarded under Nehmer,it is possible a CUE could recover more retro.

But I am thinking of Nehmer 3 ( all in our AO forum under Footnote One.) when IHD became presumptive.I am not sure at all if the DMII regulations allowed for any Footnote One provisions.

I received an EED for my dead husband AO IHD which "should have been coded" on every rating sheet since 1988, but because it had been a malpracticed and untreated condition, they failed to give it any diagnostic code or rating.I will try to find out on the DMII and if I find something I will post it here.

.

 

 

 

[Berta]

There is a provision of the vet had applied for DMII and was denied prior to the DMII regs being published:

http://www.benefits.va.gov/compensation/claims-postservice-agent_orange-diabetes.asp

"Retroactive Benefits

Under a federal court decision, Vietnam Veterans are eligible for retroactive awards of benefits for their diabetes if you applied for service-connection for diabetes before the VA diabetes regulation went into effect on May 8, 2001. If you were previously denied service-connection for diabetes mellitus (Type II), you should reapply by contacting your local VA office."

That wont help you but might help someone else.

What date did the VA state they determined your entitlement to DMII compensation ":arose"?

Gee that might help ME....death with AO DMII contributing ,awarded 2009-but my husband died from it's untreated complications in 1994......

no rating at all, no treatment- just like his AO IHD.Awarded in 2012.

I proved to the General Counsel that a VA doctor's diagnosis of diabetes in 1992 occurred in the med recs but someone crossed it out- yet it was still visible, this doctor was the only doc on the team who knew what he was doing, when I proved step-by-step how the other docs covered up the nmalpratice from a different VA.The neuro doc left the VA and it took montyhs to find him in private practice and he gave me a freeby IMO.There was no question when he treated my husband in 1992 at the VA ( he remembered this all from my email to him) that my husband had diabetes mellitus.I had considerable other evidence to prove that as well.BVA agreed.

I guess I have another CUE claim to file.

 

 

Edited February 19, 2017 by Berta