Dick

B) darkhorse, thanks for your valued opinion. Guess i need to get down to business now. Thanks again, Dick

B) good advice... i read and copied part 3.310 and agree with you on this section. I was hospitalized a couple of weeks ago at the Tampa VA hospital and was diagnosed with abnormal gastric emtying of solids of the stomach being consistant with diabetic gastroparesis partially responsive to Reglan. It was futher found and diagnosed that i have extensive erosive esophagitis, atrophic gastritis.[Gastroesophageal refux disease] which was also denied on my last C&P because it was not connected to my DM11 it was also denied. Question here being do i file the NOD or the new claim first? I suspect that filed in the wrong order a delay in a decision will be the result. Which should i file 1st?

i guess my question is: in my c&p progress report the Dr said in section 2 the pn in the lower bilateral extremitiesis less likely than not [less than 50/50 probability] caused by or a result of DM. However in section 3 of the report it states [ his PN, bilateral lower extremities was most likely aggravated by DM. Based on medical opinion that your PN was diagnosed prior to dx of DM, entitlement to service connection for PN due to DM11 is denied. Based on this should i NOD their decision? thanks Dick

the doc said my primary cause of my pn was my drinking in the past. May be the case but i don't think he beleived that either. Need to go ahead with my nod and get to the bottom of it.

everything is secondary. My new claim will also be 2ndary to dm11. I am just confused about what to do next.

<_< i am presently 60% sc with primary dx of dm11. On 3/18/08 my claim for reflux disease and to finally get my request for a decision which had been deferred for over a year on my PN in my legs resolved. My PN on 8/21/2009 was denied . After reading my 1st C&P Progress Notes i found on page 21 section 3 that the examiner stated that the lower extremities was most likely aggravatesd by DM. This was also stated for my claim for ED. When i read the reference to 38 of the CFR's it is stated that "service connection "may" be granted for a disease or inlury which resulted from a service -connected disability or aggravated thereby". Unless i am misinterpeting this i should be entitled to compensation due to aggravated circumstances as stated by the doctor during the exam. What is the real meaning of this statemant? Should i file a NOD for reconsidertation of this decision? I was released from the va hospital on 9/3/09 with a dx of gastoparesis likely secondary to DM automic neuropathy secondary to gastritis and esophagitis. Any suggestions on my options? Thanks Dick

The Captain i was telling you about left his e-mail address here on Hadit. It is :pesteward@hotmail.com...... Just in case you didn't see it . Thanks Dick

Berta, That ex Captain i told you about on Korewan War Project his e-mail is : pesteward@hotmail.com....

Berta This is truly a complicated situation. I have on my letter from the VFW Effective dates ranging from March18,2007 to May 6, 2008. The list is not complete as there are a couple of items that i have or will claim in the future. These will include PN in the lower extremities which seem to be getting worse with time. I think i'll give the VFW a call and get the VSO's take on the situation. Many thanks for you excellent help and speedy replys Dick

Berta, I received a letter today from the VFW Service Office in St Petersburg, Fl stating that the VFW and the Dept of VA determined that i am sc for my time in Korea and my exposure to AO. They futher state i am 60%. I called the RO to check on the status of my claim this morning and they said it was at the Rating Board and that a decision had not been made at this time. How does the VFW get this info? Is there any retroactive date other than the date in which the claim was filed for AO for Viet Nam and Korea vets? Not trying to be greedy but when they wait 30 years to admit that AO was used in Korea...... Sure appreciate your help Dick

Berta, can i just go to the RO and ask for a copy of my C file or am i going to need to jump through hoops to get a copy. Like i said i'm not sure of my dates on the DMZ but i was at Camp Casey July 29-31 for NCO school. Last nite i found the BVA decision for a veteran who was stationed at Camp Casey and won his claim. For your reference it was case #990674. Gives me some hope anyway for a favorable result for my claim. Perhaps the VA has learned from the NAM vets how to slow down the other claims down. I'll try to get my file and get back to you and give you an update. Thanks for your help Dick

Berta I have not received the VCAA since completing my last c&p for my eyes a few weeks ago. The individual that e-mailed me is William Kenny at hawkvets@gmail .com and he said he works with ex Cpt Phil Stewart. Phil's who's address can be found at the Korean war project where he tries to keep everyone updated. He is attempting to prove other units and camps were sprayed after July 69. I feel i have a valid claim and i do meet the 3 requirements but i don't feel confident not knowing the dates i was on the Z. How do i go about getting a copy of my C file? I want to start gathering info for a NOD in the event i am denied. I have read many of the claims info at the BVA site and most of them are units not recognized. I haven't read too many that are from the units listed which should be a good indicator. I hate not knowing or understanding how the system works. Perhaps my problem is being in limbo and not being able to proceed any futher with the claim until i hear from the VA. Doing nothing has never been one of my good suits. Thanks for all your help Dick

This is my 1st post since joining so i hope my question will come across and make sense to the reader. I was in Korea from Dec 1968 til Jan 1970 and was with the 2nd Batallion 72nd Armor 2nd ID. During that time I had duty on the DMZ though i don't remember the dates. I was also at Camp Casey for NCO school starting July 29 til Aug 29. I have completed the AOR and completed my C&P's as required. I have posted on other forums and have gotten positive answers to most of my questions. I got an e-mail from an individual who says he works with a former engineering Cpt Stewart who works through congressmen and Senators to get all the cards out on regarding AO exposure for all troops stationed there during the AO use. He told me to get a tight grip and hang on for a long ride because my claim will be denied. This goes contrary to what i have been told up to his e-mail. My unit is one of the units presumed to have been exposed during the time frame and i have been dz with DM11 and my Dr. in July put in writing that i am 100% disabled and may never work again. This was a shock to my system and it is a result of problems with my DM11. Now i have to fight SS & the VA. I haven't been able to find a web site where veterans that have been awarded their claim and the process they had to go through to get approved. I meet the 3 requirement listed so i was wondering the reason that i could be denied? Any help or info would be greatly appreciated. I just learned in March 2008 that AO was even used in Korea. Dealing with the VA is new to me though to-date they have been what i consider fast and fair with my claim . Thanks Dick