Greg88

Chiefhouse, DM1 especially if you are taking a large amount of insulin you should be rated at 40%- when taking insulin activities, need to be regulated (and most MDs agree on this, especially endocrinologists ) or you end up passed out occasionally. Injected insulin works when it gets absorbed and everyone absorbs at different rate. DM1 has a different scale because of the lack of endogenous insulin, if you look at a DM1s blood glucose readings over the course of a day, it looks like a mountain range ups and downs, so testing needs to be frequent anywhere from 6-10 times a day depending how out of control you are. The problem is the VA does not like to give out test strips, I used the VA system for the 1st 22 years of getting DM1, in 1995 they were telling me no more than 100 strips a month, this after passing out waiting for my appt. at a clinic, I went private after that. Basically what I'm saying is if your injecting insulin you need to regulate your activities because you cannot regulate the exact way the insulin will get absorbed, if it was like other medications we would all have A1Cs of 5 or below.

I have been at 100% for the last 17.5 years, I formally requested P&T in Jan, 2014 and I'm in Prep for Decision. But since March 12, 2014 a new claim pops up saying Rating Review, stays open 4-5 days and then closes. Today a new one popped up (this is the 4th one in 6 weeks) and I'm wondering what does this mean exactly in relation to my claim.

I cannot use lawyer until they reduce, so I'm still at 100% until March 1st, 2014, when we go through the C&P game again (unless somebody looks at the old paper work and decides my case).

Harley going over the Diabetes DBQ, the form asks how many episodes of hypoglycemia requiring hospitalization (there is nothing about overnite stays), so loss of consciousness, requires being brought to an emergency room and emergency treatment, so under the guidelines I should be OK.

Actually being brought to an ER is not quite the same as being brought to an urgent care center if you have loss of consciousness, they don't bring you to a urgent care center, you go to an ER and it's still considered an admission by insurance standards and you can sit in an ER for 48 hours for observation so over nite or not the meter is running. Harley they all act like the Diabetes is something new, the 1-800 number, DAV, the RO, after reading what you wrote about the transition over to the new system, a lot was left behind. I asked at the RO for all my decision letters from 1990 on and was told they would have to find my paper file and it could take months. It's funny I'm looking at the USMC decision letter transferring me from TDRL to full retirement in 1978, because of my permanent physical disability, the point I bring up about being SCed for 37 years is that it's all part of the same chain which logically most of the Dr.s see (even the VA) but seems to be broken by a computer input mistake.

Harley, I'm in the process of selling my house (wife and I are downsizing), I cannot find the Rating decision at this point, but I do have the letter that was sent in Jan. 2012 saying that my rating from Jan 1998 was not considered permanent and that the VA might set up a C&P. I guess I need to see my entire C-file that the VA has on me. The funny thing is the evidence listed on the proposal only showed what I produced ie: Dr.s note, DBQs, and MR from my private Dr. going back to 2006, the VA has requested nothing from any of my private Dr.s. But from what I'm reading that you wrote that they may not realize that I've been SC for 37 years with Type 1, my claims on Ebenefits always show up as Diabetes mellitus (new), and at this point trying to get DAV to explain anything is pointless. If I would have went to the ER 3 times, I would not be here bothering you guys and girls.

Harley, the DAV SO had nothing on me,he did not know I had diabetes and seemed completely disinterested, he just kept referring to the computer screen and did not have my paper file. DAV got me my increase from 40-60% in 1995 and then to 100% in 97-98, so they had an extensive file on me, where it is now only god knows at this point. The things is for me to end up in the ER for hypoglycemia is not hard, I try to keep tight control one of the complications of tight control is hypoglycemia so instead of giving me a shot of Glucagon, my wife just calls the ambulance. Harley at this point with diabetes becoming so prevalent in VA claims, shouldn't they have a small team working on diabetes claims, on the medical side they used to have excellent diabetes research at the Bronx VA.

The stress induced by the VA is sometimes mind numbing, but I think it's our society in general, call customer service and how often are you sitting waiting for 30 minutes. The VA does not help itself, call the 1-800 number and be told to call back later by a canned message and disconnected.

Harley, I used up Voc Rehab in the 80's, I never got to the hearing, the DAV SO, told me to sign a form saying to skip the hearing and delay things six months and in that six months see a diabetes care weekly or be hospitalized. During the meeting with the SO, he kept going back to the reason that since I've only been 100% since 2007 I had no protected rights and the VA could reduce with 1 exam. So most of the back and forth was me saying "no I've been 100% since 1998" and him saying "well it says here pointing to the computer screen 2007" It make's me wonder does the rater know the actual date, if the screen is telling him or her 2007. Another question Harley, how do I present evidence on the Autonomic Neuropathy, theres no DBQ for it, my Dr.s notes cover it in detail, but they seem to ignore it because theirs no box for it. The things is if you have Type 1 or 2 for longer than 15 years, you probably have it.

Harley, the DAV SO told me because I was at 100% I could not file for IU. I had all my paperwork ready to go for the hearing, but The DAV rep said no I needed to see a diabetic care provider weekly or be hospitalized 3 time in a year.

Harley and Carlie, Iguess the bottom line is when my sugar goes low, my wife calls an ambulance and I go to the hospital, it seems like an expensive and foolish way to get a check in the box that the DBQ has, but if that's what they want. It's funny though the thing that has me the most incapacitated is nowhere to be found on the Diabetes DBQ or any DBQ at this point. I'm sorry about that last post Harley, I was so pissed off at the DAV SO, he did not even read my file before seeing me. It's funny though he did tell me the VA pays for DAVs office space, phone, computers, network, it seems like a small conflict of interest going on. Thanks everyone for the input and suggestions.

Harley, the VA has identified peripheral neuropathy of all 4 of my extremities and given percentages for each of them, they have identified ED, urinary incontinence and the examiner mentioned the hypoglycemic unawareness in her C&P report, and according to CFR 38. 3.343, they cannot lower a rating without showing a material improvement in my condition. They are also supposed to go through a vets total medical record before reducing someone, which they have not, they don't even have when I was made 100% right, you want me to start adding more pieces that don't get looked at. The ratings schedule for Diabetes mellitus 7913 has no rating for 70%, 80% or 90%, it's either 60% or 100% there must be a reason for this, people think this is just your sugar going high, it's not, its a disease that beats your body down year after year. Harley if they want to reduce, they better legally follow all the rules of the CFR, after 16 years, they are not supposed cherry pick what one DRO thinks he or she knows about diabetes, they main secondary conditions I have the VA does not if have a category for. At this point there ignoring top Dr.s written notes and DBQs, at this point, it seems they just want to keep delaying making a decision because they don't understand diabetes Type 1 and you can Google Type 1 and 2 and see the differences, but even that seems like it's beyond them. After 16 years at 100% and 37 years being service connected with Diabetes Type 1, I have to show them and pick up after their stupid mistakes. DAV follows the VA like a lapdog looking for a job, telling me no I don't have any protected status because, I've only been 100% since 2007. Is the rater getting stressed out as much about case as I'am, probable not, but it's their job and their getting paid to do a good thorough job and at this point it's been a piss poor inadequate done job.

So I went to the hearing today and was told by DAV since I was only 100% since 2007, the VA could reduce me with only 1 exam. Now in 1997 the DAV fought to get me to 100% and I received it in 1998, so I have to start arguing about when I was made 100%, so then I hand in all my evidence and was told to come back in a hour. I come back and I'm told because one of the things in the rating schedule are not there (it was not there in 1997 either) they were going to reduce, but they will allow me 6 months to get things in order. But I had no hearing and there was no way they could go thru my evidence and make a determination, I think at this point they don't know how to handle my case, my evidence was ironclad, 2 Dr.s notes, a new DBQ and they want 6 more months to fart around. DAV pressuring take the 6 months. Screw it if they make the decision to reduce, let my claim be reviewed by someone who knows medicine, if they reduce at least I can hire a lawyer, maybe get a newspaper or TV station to do a in depth report about the VA and how their putting Vets through unneeded stress.

It really does not seem to matter how hard you try keep things correct at some of the ROs, little mistakes (which turn the vets lives upside down-but are oh so convenient for the VA)like mistakes concerning dates, missing evidence or misplaced evidence or flat out just ignoring evidence seem very evident at the NY RO. In my mind these little mistakes always cause hardship for the vets but not the VA.

I showed for my hearing today and a little mistake sidelined the process, the DAV and the VA said I was made a 100% in 2007 (I was 100% in 1998) they delayed everything for 6 months and no hearing.

I was just wondering does the VA have to show that your condition has improved, I'm scheduled for my hearing later this week, I've got my strong medical evidence. But even if I don't meet all the requirements, don't they have show my material improvement after 16 years at 100%.

Phillip, even though the ED started in 2006, I did not mention it to my Dr. (embarrassment more than anything), I spoke to DAV today and they don't fill me with encouragment. Basically they knew nothing about the increase or change in the Reduction. At this point I'm still trying to figure out what to start with at the hearing A., that they misdiagnosed me as Type 2, B. that the CFR says their supposed to show material improvement, C. that the CFR says their supposed to look at the entire history of the disability D. that I've been unemployed for the last 16 years and the CFR says they should have looked at that also before thinking of reducing me. But the main thing is the total lack of a support system going into the hearing, my evidence is overwhelming, to someone who understands whats going it's open and shut, but as Harley says the hearing will be with layman, who don't understand the difference between the two types diabetes. I'm not filled with confidence at this point.

Harley, the Administrative review started on Aug. 19th, on Aug.22 I got a new Proposal to Reduce saying that they were going to reduce from 100% to 70%, i checked Ebenenfits once a week and last week noticed it was Prep for Notification, Friday it closed, and bang an extra $100.00 added to the disability. I have not heard a word from DAV who is my POA, nothing about the new reduction from Aug., good to see there on the ball. Thanks guys for all replies. Greg

At this point you have got me, I've been 100% for 16 years, I was given a reexamination for the 1st time last Sept. this was the 1st exam in 15 years. This July they said they wanted to reduce from 100% to 40%, in August they said no the reduction was from 100% to 70%, then after calling my Congressmen an Admin. review popped up on Ebenefits on Aug 20. it closed yesterday and my rate went from 2973 to 3073. Since their were numerous errors made in the reduction proposal, I was wondering what else might happen next week. I have never seen any kind of SMC award in all my dealings with the VA in 37 years.

I'm wondering will they pay me back till the C&P examiner noted it from last Sept. and I'm wondering what effect it will have on the hearing next week.

The ED was on the DBQ I provided at my C&P last Sept.,the C&P examiner noted the ED during her exam. I'm just wondering if they found the rest of their mistakes during this review.

Hi everyone, I have been a 100% disabled for the last 16 years with diabetes type 1 and it's various complications. I received a Proposal to Reduce on July 22, saying they were going to reduce to 40%, then I received another notice saying I was going down to 70%, I contacted my Congressmen aide back in May asking why things were taking so long to decide my case (never thinking they would want to reduce) the Notice came, I called him back in August, he called the VA in the middle of the month and all of the a sudden I see an Administrative Review on Ebenefits on 8/19, my hearing for the Reduction proposal is later this month, so I check Ebenefits today and my monthly went up to $3073 up from $2973. I find it very strange they would raise and then want to reduce, especially since the hearing is later in the month, anyone have any ideas.

Actually, once again it comes down to the VA actually showing that I have improved since the last C&P in 1997, which they have not according to there own statements and evidence presented in the Proposal to reduce, and with the stronger evidence being presented (yet again), I'm hoping that the hearing will be less adversarial and more helpful.

Free, no residuals from losing one lobe of a lung, in the medical world most Pulmonary doctors would beg to differ on that point. Harley, the VA examined last year was looking at retinitis, neuropathy with muscle weakness of both hands and proteinuria (that what I was rated at 100% for in 1997). On the C&P exam they found retinopathy (retinitis in VA speak), neuropathy of both legs rated at 20% for each leg, neuropathy of both arms rated at 10% for each arm, ED rated at 10%, and last but not least proteinuria (and this was all listed on the Proposal). So everything is now much worse than it was 16 years ago, according to the CFR 3.344 there supposed to show improvement in my condition, there own proposal say's things have gotten worse. Just because the VA does not see Autonomic neuropathy does not mean it does not exist, all the Type 2 vets with the disease longer than 15 years have certainly have symptoms. Like I have mentioned before ED is a symptom of diabetic autonomic neuropathy, the C&P examiner mentioned the hypoglycemic unawareness in her report. Harley in this hearing will there be anyone there who is a licensed medical professional Dr. or nurse or is it all laymen ?

Another strange thing about my claim, from 1996-to 1997 I was at 60%, there was no mention of going back to 60% only 40%, basically it seems that the VA has not looked back at any records beyond 2006, all the evidence listed shows records being used that end in 2006 (my Dr. changed practices in 2006, so medical records I provided only go back that far-granted I thought the VA would request from permission to dig further from me, but nothing). It's funny the CFR says you can't base a reduction on one exam, but that seems to be something that the VA just ignores.