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?

Hello, I was diagnosed in 1994 with Type I Diabetes. I had served 13 years in the US Navy, and was discharged due to my illness. I filed for compensation several times, but heard nothing back. I initially gave up in frustration with such an incompetent organization as the VA. I filed again, in 2010 and have had to fight to get first 20%, then 40% rating for my diabetes. I had over a dozen diabetic seizures. I learned the VA had a record of one of my disability requests from 1996, and I asked for my disability to be recognized and recompensed from that date. Nothing on that so far other than no.... On September 8, 2015, I was on a business trip and had just landed in Seattle, WA, when I had another diabetic seizure in the baggage claim area. I was transported to the hospital, treated and released after several hours. I was told by the VA that any emergency treatment related to my disability would be covered by the VA. So, when bills started coming in, I tried to find out how to appropriately submit them to be taken care of. WHAT A JOKE! I have been trying for months and months to get them into the proper hands. They care providers are threatening to mar my credit for non payment. I finally got a letter from the Non-VA Care Program, dated 3/28, stating that based on their review, they were denying the claim because it is a NON-SERVICE CONNECTED CONDITION. They offered a toll free number for me to call to in case I did not agree with their decision. I have called that number several times, and ALWAYS waited 50 minutes on hold until I am finally dumped to a voicemail system, told to leave a message and promised I will be called back. Never happens. Is there a way to actually get this to work? I am dumbfounded that this is allowed to go on.

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

Berta, Indeed. I was naïve when I was young. I gave up on trying to get anything out of the VA. The care was horrible, in some cases I felt negligent, and the compensation seemed like such a swamp to get through. I also spent time in the gulf, and I know there are many illnesses considered as accepted as part of that service, if I read correctly. How do I get those evaluated and considered properly. I have problems with my stomach, my intestines, sleep apnea, have had these for many years. I submitted them in my last Compensation Exam, but they all came back denied. I wish I knew better what I was doing, and I had being absolutely at the mercy of some faceless non-entity. They wont even put their name on it. Its so dehumanizing.

I was advised by my VSO rep that any CUE had a less than stellar chance of success normally. I think my VSO rep felt that since they had already concurred on my 20% disability for my Vocational Rehab benefits, it should have been logical to do at least the same for my compensation, and that in fact they did choose that in 2010 when VBA reviewed it in 2010. I was receiving medical benefits at this time, and was keeping my address updated to receive medical supplies, but I surely don't recall receiving the 21-526. At this point, it seems it doesn't matter anyway. I dont know why I expected any different an outcome from the VA now, than I received from them in 1996. We're told we will be taken care of if needed, giving up our lives and families to run all over the world in any conditions they dictate. When they say jump we say how high. Never imagined they would hide behind a wall of legalize to make their refusals seem honorable. Thanks for the advice and guidance.

Hello. Received VA decision on my CUE today. Denied. 04092015 CUE denial rcvd 08072015.pdf

I was able to log on today to https://myaccess.dmdc.osd.miland see the status of my CUE. I took a couple of screenshots. Is this the proper form to use when submitting a CUE?

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.

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

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.

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.

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.

Carlie, My apologies I will start a new conversation. Not sure how to transfer the relative. Moments

Okichewy1, how did you get VA to recognize your sleep apnea? I have always had it since I was about 25, but never knew what it was. I have been treated by civilian physicians for it. I provided VA with my civilian medical records, and claimed my sleep apnea but they denied it.

Does anyone have any comment on the CUE?

Berta, Thanks for taking the time to look at all this and give me some advice. One other question is if they do agree, do you think they will go back to 1996 at 40% or 20%? The reason I ask is I received the 20% back in 1995 as a default to receive education benefits (which they later took from me), and in 2010 when I filed they failed to reschedule my compensation interview. I received a call on a Friday notifying me the appointment was the following Monday. I informed them I had to leave Saturday for an international business trip and asked to be rescheduled. I was told it would be, but then I received notice I "failed" to appear for the review hearing. How is best to recover from these lies?

Hello, I have attached a PDF file of the narrative. CUE submission 04092015.pdf

Hello, I received my CUE submittal document today. I would like to post it, but there is a lot of personal information I cant really remove it. How best to accomplish this?

How long do CUE decisions take after they are deemed ready for decision? Is there an average, or no one knows who and when they will decide?

what file are you referring to with "C", my compensation file?

I received a check from the Navy in 1995, separation pay. I was told at that time the VA would recover that money when I filed a claim. I have spoken with the VA about the amount left and I should start to see some of the monthly compensation in December 2017. My RO is Winston-Salem NC. i am enrolled in e-benefits. I never received any compensation until my 20% was awarded for my November 2010 filing, but as I said I wont see any of that until the other money is recovered. Its real frustrating to see them say I failed to return, when in fact it was their failure to reschedule the VAE as I asked. They waited until the day before my appointment to tell me I had one.

I was told the DAV rep was asking for my paper file to confirm her suspicion my request for compensation was not handled properly in 1996. I was then told in November 2014 they had not received it yet, and planned to move forward. I was told in December the CUE would be filed after the holidays. I asked again for the status in April 9th and was told the VA asked for an official filing (is there some sort of unofficial filing?) and that my CUE had been uploaded via SEP on April 9. I received a notice stating my claim was ready for decision on May 5th. I have asked again for the CUE narrative.

Hello again, My sincere apologies for hijacking this thread, I am pretty new to all this. August-October 2014 I was in email discussions with my DAV rep, stating she was asking for the paper file but not receiving a response about it. December I received an email stating the DAV rep would be submitting the formal CUE after the holidays. I was told in April 8th that the Regional Office was not "being receptive" and that it was being reviewed by 2 other raters, who also didnt agree with the CUE, so the D

Hello, I was discharged from the US Navy in 1995, given a 10% rating by the Navy. I was discharged in Charleston, SC. The VA office there got my education benefits going, but the paperwork I filed for my disability claim seemed to not make it. I moved to NC in 1996 and filed again. I never heard anything. We moved to Atlanta in 1999 and I filed once more, and again got nothing back. I gave up on the VA in frustration. In 2010, being a little older, I decided at least my wife and kids deserved to have all this straight before anything happened to me, so I filed yet again. six months after filing, got a phone call on a Friday stating i had a C&P hearing on Monday. Told the lady I had a business trip to Europe, can we reschedule? I was told yes, then several weeks later received a letter stating that since I had failed to appear, my rating was 20%. I appealed this in November 2013. In May 2014, I went to the VA to see if they would give me an appointment to replace my insulin pump. Again this was on a Friday. I was told I had two appointments on Monday morning at 7:30, for C&P hearings. If I had not happened to be there for another reason, I would not have known of these. I attended the review, and the doctor taking my information stated she saw my claim in NC from August 1996. I was happy to hear they had received it, but really frustrated they had done nothing with it. I have been receiving medical treatment from the VA for my diabetes since 1996, but stopped receiving their treatment when they refused my request for an insulin pump in 2007. In 2014 my compensation award was raised to 40%. I received a check from the US Navy when discharged, and am waiting for all that to be paid back as well. I got a representative from the DAV who reviewed my file, and has submitted a CUE for the August 1996 filing. I notified my rep of this finding in July 2013, and the CUE finally got submitted in April 2014. She stated the RO was not looking favorably on it and was escalating. I have asked repeatedly if I can see the narrative for the CUE and have not received it. I do have this bit of information from an email; If possible I request that Mr. Xxxx paper claims folder be retrieved from its current location and routed to this office for review. I am of the opinion, not all paper was scanned into electronic form and request conformation prior to calling a clear and unmistakable error against the Agency. Current COVERs location is listed as DCSC1 03/06/2014. History Rating Decision, VAF 21-6796, dated 7/21/1995, “the evidence of record establishes the existence of a chronic disability currently meeting the scheduler requirements for an evaluation of 20 percent or more. REASONS AND BASES: SMRs reveal veteran to have diabetes mellitus to which PEB assigns a 20% evaluation. We concur”. “Informal” CLAIM in QUESTION located in VBMS for investigation of possible CUE VAF 21-4138 dated 08/09/1996 (with NC address), date stamp received 08/15/1996, (hand written notes along edge of form) CEST’d as EP 180 09/19/1996, PCAN’d 01/06/1997, with note 526 to vet. There is no evidence in the electronic file that the 526 was actually mailed to the claimant for completion on VA letterhead.. Reopened Claim with grant of benefits VAF 21-526, dated 11/05/2010, requested service connection for DM. Service connection awarded at 20% 03/18/2011, effective 11/05/2010. Note of interest - introduction of narrative states, “you filed a claim for increased evaluation”, however, veteran FTR for VAE 02/22/2011 and benefit was awarded based on STRs dating back to 1995. Report of General Information dated 11/29/2013, requested increased evaluation for DM, rated as 20% disabling along with other issues. Rating decision dated 07/03/2014, increased DM from 20% to 40%, effective 11/29/2013. Point of interest – the veteran participated in and completed his education under Chapter 31 WITHOUT have a formal rating from the Agency. They cannot find my paper file, and a 3rd party company was responsible for scanning documents into electronic form something like 10 years ago. I have been tempted to contact Ms. Hickey about this, but am concerned I will receive more negative treatment for not allowing the CUE to be processed without saying anything. All I am asking for is a little common sense. I have submitted a request for compensation several times. Your comments are appreciated.