syne7

Hello, Technical question here. Is it possible to have an inferred claim prior the 2000/VCAA or do they only start after that period. Specifically in an initial claim in 1998, if the C&P Examiner for left ankle, states, "Veteran has pain in feet, ankles, and legs. Hurts when has to move equipment at work." Does that open the door for an "inferred claim" for feet, knees, and right ankle potenitally?

That sounds really convenient.

Call LHI corporate and ask if you exams have been sent to the VA. It's an electronic system and they will tell you. If they have been sent, it's time to send a polite email the VARO director of the site handling your claim, stating you feel your claim has been "lost." Outlining who you've called and what they have said. Then politely ask for someone to be assigned to "find your claim" and help keep it moving in the an appropriate time frame. I've had great luck with this on 3 occasions. I got calls within 3 days and resolution with in the week. (I send an email to the entire listed leadership team which is usually 3-4 people).

The communications show up in notes so they wil be potentially read at a minimum. I send my doctor a message before and after each visit to document my issue/symptoms before and the visit after. At a minimum it documents your "complaints of issues and a record of what you actually said. i recommend using it. My local VHS team has really tightened up execution since I started documenting everything in writing.

Buck, Sorry didn't see this... I have processed 3 claims this year since apri, moved myself from 10% to 30%, then from 30% to 70%, and now from 70% to 90% (as of last week). Dr Ellis's note was a big help especially with my knees and feet. I have tips if you are gonna go see him.

Based on what you stated thus far. It looks like you may have had Metabolic Syndrome in service, which is pre-indicate/cause of diabetes. It's certainly worth a claim. If you go to medical provider and get an opinion stating that your DM2 is connected to your military service. I would like for and IMO/IME/or Nexus letter from a known provider such as Dr. Ellis, Dr. Bush etc.... I would claim DMII for primary service connecting in Ebennies and Metabolic Syndrom Primary in Ebennies and DM2 Secondary to Metabolic Syndrome (MBS). MBS is an objective diagnosis, you have the scores or you don't. Also, you might have other service connected conditions that cause or exacerbate/aggravate DM2 for service connection. My personal belief is that you can make this happen, if you are willing to the do the leg work of getting letters and the facts support the contention. What are your SC disabilities currently?

Sounds like you may have had metabolic syndrome in service. If it is so, that would help with a dm2 claim. https://www.nhlbi.nih.gov/health/health-topics/topics/ms

Absolutely you should. In addition to glucose levels you can also look at triglycerides and other indicators of diabetes, and also metabolic syndrome which combines five stats of which cholesterol is one restaurants, waist size and others blood pressure. Proving in-service metabolic syndrome goes a long way to connect and diabetes. Also diabetes can go for many many years and diagnosed in the Nexus night help you. I believe the criteria is three out of five for metabolic syndrome

REP stands for reopen. Reopening a claim with new and material evidence.

Broncovet, This is a tough one. You could be genetically pre-disposed to diabetes (without obesity), but if it manifests in service, it's service connected. Same with most illnesses, especially if you have the "presumption of soundness."

Found this in an appeals search, thought it might be helpful to some: http://www.va.gov/vetapp16/Files4/1627677.txt "The Veteran has current sleep apnea that is the result of obesity that had its onset in service." In fact this person only "approached obesity" "There is no dispute that the Veteran has currently diagnosed hypertension and sleep apnea. The VA examiner attributed these disorders to obesity. The service treatment records document excessive weight in service that at least approached the level of obesity. Obesity was documented only a few months after the Veteran left service and his weight was not reported at the time he left service. This evidence makes it at least as likely as not that the Veteran became obese in service and that the obesity caused the current hypertension and sleep apnea. Resolving reasonable doubt in the Veteran's favor, the criteria for service connection are met. 38 U.S.C.A. § 5107(b) (West 2014)." This literally says, "the Veteran became obese in service"

This letter came from my Doctor.

I have that in another letter from another provider. Sinus Congestion/PND can be connected by itself can it not?

This is the draft he sent me to review as he has not written a VA letter before and wanted to ask if it would meet my needs. I asked him for a nexus letter for sinus congestion/PND because the VA examiner said my OSA could due to sinus congestion. I did not ask him for an OSA letter, because he does not treat me for that. However, I am hopeful that if I connect sinus congesion, I can then connect it to OSA based on the VA Providers opinions.