diabetes Sf-95 Berta, Where To Submit Form?

[Cruinthe]

I Berta and all. Here is my situation in a nutshell. Back in August of 2009 I was (inadvertently) informed that I am pre-diabetic. I requested and reviewed my medical records and sure enough, my A1C is 6.3, my glucose is 157, my triglycerides were 100 point over normal, and my Body Mass Index was flagged me as needing to be on the VA MOVE (diet and weight control) program.

It is now December, and my Primary Care Physician has not informed me in any way that anything is wrong. No warning letter, no consult with the Endo specialist, and I have seen my doctor since that time on multiple occasions.

I have also been complaining, often, of what I now know as Peripheral Neuropathy (tingling in arms and legs) for about 2 years now.

The last straw was my last visit to the VA eye doctor. I have a one year old prescription for eye glasses of 3+ and 4+, but this last eye exam changed my prescription to 4+ and 5+. A full diopter up for each eye! Whats next, diabetic blindness and amputation before someone at the VA says "Oh, by the way, you have diabetes"?

My question is, once I have my SF-95 put together, where do I send it? I listened to the SVR radio show where Edwin Crosby, Berta, and the Host talked about this, but I cant figure out where the SF-95 actually goes to.

I am asking for less that $100,000 so does it go to the VA Regional Office, ATTN: Legal Council?

Any advice would be great, and Merry Christmas to all!

[Berta]

You should send the SF 95 to the Regional Counsel C/O the VARO which handles your claims matters and send a copy to the Office of General COunsel VA in DC.

You will need to prove that the VA has failed to appropriately diagnose and treat your diabetes and it has resulted in additional disability (such as the untreated PN) and it appears your eye sight has been affected (diabetes can have a profound negative affect on eye sight.Claim any other secondary problems you have to the diabetes and then send them any good printout from the net (Use Merck or ADA etc) that would show that their lack of proper diagnosis and treatment is not compatible with similiar medical diagnosis and treatment in the standard medical community for diabetes.

Make sure the amount at bottom of the SF 95 is totaled.The OGC told me many forget to total the boxes as to the total amount and the SF 95 has to be rejected.

I proved they misdiagnosed and never treated my husband's DMII but it had already caused considerable damage to his heart and brain-

This case will depend on how much damage diabetes has done to you without a proper diagnosis and treatment program.

I strongly suggest that you consider getting a lawyer and a IMO if you bel;ieve they have been negligent.

Have you yourself questioned their care yet?

WHat appears on the surface as malpractice can often only raise to the level of incompetence. You will need to prove their lack of proper diagnosis and treatment (which will start probably now when they get the SF 95)

caused you to develop to a ratable level -other disabilities and problems directly due to their lack of treatment.

Have you approached the Chief of Medical at your VAMC? The important thing here is not thinking they will settle a tort claim but to get,in fact, the care you need.The tort claim should be a secondary concern.

[JamesBreckenridge]

I Berta and all. Here is my situation in a nutshell. Back in August of 2009 I was (inadvertently) informed that I am pre-diabetic. I requested and reviewed my medical records and sure enough, my A1C is 6.3, my glucose is 157, my triglycerides were 100 point over normal, and my Body Mass Index was flagged me as needing to be on the VA MOVE (diet and weight control) program.

It is now December, and my Primary Care Physician has not informed me in any way that anything is wrong. No warning letter, no consult with the Endo specialist, and I have seen my doctor since that time on multiple occasions.

I have also been complaining, often, of what I now know as Peripheral Neuropathy (tingling in arms and legs) for about 2 years now.

The last straw was my last visit to the VA eye doctor. I have a one year old prescription for eye glasses of 3+ and 4+, but this last eye exam changed my prescription to 4+ and 5+. A full diopter up for each eye! Whats next, diabetic blindness and amputation before someone at the VA says "Oh, by the way, you have diabetes"?

My question is, once I have my SF-95 put together, where do I send it? I listened to the SVR radio show where Edwin Crosby, Berta, and the Host talked about this, but I cant figure out where the SF-95 actually goes to.

I am asking for less that $100,000 so does it go to the VA Regional Office, ATTN: Legal Council?

Any advice would be great, and Merry Christmas to all!

Ahem. I don't know the history of your issue, but why are you contemplating a claim for damages against the VA? The practice of medicine is as much an art as it is a science; please don't ding the VA for not immediately diagnosing you with diabetes. Lab findings are not the same thing as a diagnosis of diabetes. Were these readings taken during routine checkups? It's not necessarily malpractice, or even incompetence, to fail to diagnose diabetes. Sounds like you need a specialty exam (and that is what it is) for diabetes.

First question: Are you a boots-on-the-ground Vietnam vet? If not, can you prove exposure to Agent Orange?

Second question: When did you leave active duty? If it's been more than a year, and if you haven't been exposed to Agent Orange, and if you don't even have symptoms of diabetes within one year of release from active duty, then it's quite likely a moot point.

If you are a RVN vet, though, just file a claim for diabetes and all its complications (peripheral neuropathy, peripheral vascular disease, diabetic retinopathy, etc).

If you're not an RVN vet and can't prove exposure to Agent Orange, but it's been less than a year (or you had symptoms in service or within a year) since your release, you can still get a medical opinion regarding whether your symptoms were early manifestions of your currently diagnosed diabetes.

Edited December 24, 2009 by JamesBreckenridge

[Cruinthe]

To clarify my situation. I am a 40 year old Desert Storm veteran. I am 100% for PTSD, 60% for Chronic Fatigue Syndrome, and 40% for Chronic Prostatitis. I am pending for Fibromyalgia, IBS, and some other stuff. I served from 1986 to 2000, in Active and Reserve components. May I state now that there is a credible link between PTSD and diabetes.

I have been complaining to my VA doctor for at least a year and a half of tingling and numbness in my hands and feet. I had no idea what was going on, I though I was getting Lou Gherigs disease or something. I moved from Montana to Virginia 6 months ago for the SPECIFIC reason of being closer to a full VA medical center. When I lived in Montana, the VAMC was 6 hours away, each way.

I had a C&P Exam within a month of moving to Virginia. The first thing the C&P nurse asked me was "Has your doctor talked to you about your diabetes?". This was the first I had heard anything about it, and my doctor in Montana did blood work MANY times but said nothing. The town I lived in, Kalispell Montana, had a VA outpatient clinic that I visited regularly.

When I had my C&P here in Virginia, I remember the C&P nurse looking over my lab work on the computer screen. I do not think I had given any blood in Virginia yet, so I assume he was reviewing my Montana lab work. This C&P was in August of 2009 by the way, more than 4 months ago.

Since I am 100%, I think I am in Priority Group 1. As Berta says, Im not sure waiting 4 months, let alone more than a year, to tell a patient he has diabetes is "consistent with typical medical care". Since I have been here in Virginia, I have gone to the VAMC quite often, and I have progress reports stating I have symptoms of peripheral neuropathy on more than one occasion, and with a few different nurses and specialists.

If the general idea with the VA is that they wait for the patient to figure out what life threatening illness they have before a consult with a specialist is scheduled, I think I will be filing alot of SF-95 forms from here on out.

I have an audio recording and transcript of the C&P exam where diabetes was discussed, if anyone is really bored and wants to read it. Berta, if possible, may I e-mail or speak to you about this issue. There are some other factors I am leaving out for the sake of brevity, but I dont want to botch this form.

Thank you in advance!

I Berta and all. Here is my situation in a nutshell. Back in August of 2009 I was (inadvertently) informed that I am pre-diabetic. I requested and reviewed my medical records and sure enough, my A1C is 6.3, my glucose is 157, my triglycerides were 100 point over normal, and my Body Mass Index was flagged me as needing to be on the VA MOVE (diet and weight control) program.

It is now December, and my Primary Care Physician has not informed me in any way that anything is wrong. No warning letter, no consult with the Endo specialist, and I have seen my doctor since that time on multiple occasions.

I have also been complaining, often, of what I now know as Peripheral Neuropathy (tingling in arms and legs) for about 2 years now.

The last straw was my last visit to the VA eye doctor. I have a one year old prescription for eye glasses of 3+ and 4+, but this last eye exam changed my prescription to 4+ and 5+. A full diopter up for each eye! Whats next, diabetic blindness and amputation before someone at the VA says "Oh, by the way, you have diabetes"?

My question is, once I have my SF-95 put together, where do I send it? I listened to the SVR radio show where Edwin Crosby, Berta, and the Host talked about this, but I cant figure out where the SF-95 actually goes to.

I am asking for less that $100,000 so does it go to the VA Regional Office, ATTN: Legal Council?

Any advice would be great, and Merry Christmas to all!

[JamesBreckenridge]

Oh.... I see now. I'm so used to thinking in terms of the grant or denial of benefits. You're thinking of filing what is essentially a medical malpractice claim for not diagnosing you with diabetes, and letting it go untreated for a certain period of time, possibly causing damage.

I would think you would have to prove that it was malpractice, that there were damages and that but for that malpractice you would not have suffered those damages. The fact that you would be suing the US Government throws a further wrinkle in there. I suggest you consult a competent attorney in the field, and be aware that the statute of limitations for filing a claim is running, probably from the time you first learned of the alleged malpractice.

By the way... are you getting Special Monthly Compensation? Since you're 100 percent for PTSD, with a seperatly ratable 60 percent for CFS, that's what we call "Statutory Housebound."

Edited December 24, 2009 by JamesBreckenridge

[Cruinthe]

There is something called "Administrative Error, Equitable Relief". Just google "503 equitable relief" for more info. Also check out http://veterancourtcodes.com/?page_id=383 to see Edwin Crosby's research on the subject.

Basically, you file a form (SF-95) directly with the Agency in question (in this case the VA) with all evidence included, and state the amount of monetary damages you have suffered. If you put forth a good case, and they know they are as guilty as sin, they settle with you out of court.

I plan to file my SF-95 on Monday. The only problem is, I am getting crossed wires as to whom to send the form to. I have been told it goes to my local VA Regional Office, the VA AREA office (South, West, North, etc), and also to the VA in Washington DC.

I am afraid I will pick one, only to find out I chose the wrong office. If I cant get a solid answer, I will just send an SF-95 to all three places, in triplicate. Nothing exceeds like excess, I always say.

By the way, here are my numbers as far as diabetes goes.

Triglycedrides = 334 --- normal range is 28 to 235 (taken 08/10)

Glucose = 149 --- normal range is 70 to 110 (taken 08/10)

A1C = 6.3 --- normal range is 4.1 to 5.7 (taken 08/10)

Body Mass Index = 36.1 --- anything over 25 and the computer flags you for the VA MOVE diet planning program.

Any diabetics out there, can you help explain the numbers?

Thanks again!

Oh.... I see now. I'm so used to thinking in terms of the grant or denial of benefits. You're thinking of filing what is essentially a medical malpractice claim for not diagnosing you with diabetes, and letting it go untreated for a certain period of time, possibly causing damage.

I would think you would have to prove that it was malpractice, that there were damages and that but for that malpractice you would not have suffered those damages. The fact that you would be suing the US Government throws a further wrinkle in there. I suggest you consult a competent attorney in the field, and be aware that the statute of limitations for filing a claim is running, probably from the time you first learned of the alleged malpractice.

By the way... are you getting Special Monthly Compensation? Since you're 100 percent for PTSD, with a seperatly ratable 60 percent for CFS, that's what we call "Statutory Housebound."

[Pete53]

6.3 A1C is not going to get you a diagnosis of being a diabetic and is an average of 146 glucose. I used a calculator https://www.accu-chek.com/us/glucose-monito...alculator.html#

I think that with slight modification of diet and moderate exervse this problem can be helped.

No matter what happens with VA take care of your health.

Good Luck