diabetes Bva

[frosty69]

I have a couple of questions, and some statements, hope someone can help. I received my denials from the RO today, like I expected, in their statement they state that I can appeal to the BVA, by sending a letter to the RO telling them I disagree with thier decisions, which I do, but my question is, do I just write telling them which denials I disagree with or do I have to tell them why, I disagree, or do I wait until I get VA Form 9,, then explain to the BVA, why I disagree with the RO decisions? I got denied for 16 claims, without having one C&P Exam, then the RO says there is no medical evidence to support my claims, I can see, they do not look at the medical records. I even got denied for housebound/A&A without a C&P exam, I do not how they can say there is no medical evidence to support this, I thought that is what the C&P exam was for. I even got denied for my back going back to 1971, stating I had moderate kyphosis (spelled hyphosis) before entering the service, it says I was treated on one occassion, June 17, 1968 for pain in my spine that shoots down both legs, but that was due to my pes planus, it doesn't say that in the medical files, pes planus existed prior to service, which I know, but have been denied for this too, as it was not aggravated by military service according to the VA, but I was given pain pills, and arch supports all through the service, and have worn them ever since, but not before service, a lot of double talk, the trouble with proving my back condition, all I have is medical records from basic training, after that the VA says they do not exist anymore so is hard to prove anything. I got a EED for my Diabetes 2 for 10%, effective Dec 31, 2002, then 20% effective Jan 16, 2003, a whole 16 days earlier, as that was the date I filed, they didn't take into account that it says in my medical files, that I sent them, that I was diagnoised in Jan of 1994, they said there is no record of anything, when they would of have to blind not to have seen this report, as I sent it to them on 4 different occassions.

Edited November 1, 2005 by frosty69

[Pete53]

Actually there are a number of things you need to do and be sure that you don't forget to fill out Form 9 cause it will delay and even after 1 year cause a denial of your claim The Form 9 is required it has to be filled out and signed. Some make the mistake of thinking the NOD letter is sufficent. All the letter does is put the VA on Notice you intend to appeal.

In your letter ask for a Statement of the case. If it were me I would just say I disagreed with the decision and put the onus on them. Good luck on your claim.

[frosty69]

Actually there are a number of things you need to do and be sure that you don't forget to fill out Form 9 cause it will delay and even after 1 year cause a denial of your claim The Form 9 is required it has to be filled out and signed. Some make the mistake of thinking the NOD letter is sufficent. All the letter does is put the VA on Notice you intend to appeal.

In your letter ask for a Statement of the case. If it were me I would just say I disagreed with the decision and put the onus on them. Good luck on your claim.

PETE:

what exactually is onus?

[frosty69]

PETE:

what exactually is onus? NEVER MIND, FOUND THE ANSWER--IT MEANS BURDEN OF PROOF

[Guest Berta]

I have a couple of questions, and some statements, hope someone can help. I received my denials from the RO today, like I expected, in their statement they state that I can appeal to the BVA, by sending a letter to the RO telling them I disagree with thier decisions, which I do, but my question is, do I just write telling them which denials I disagree with or do I have to tell them why, I disagree, or do I wait until I get VA Form 9,, then explain to the BVA, why I disagree with the RO decisions? I got denied for 16 claims, without having one C&P Exam, then the RO says there is no medical evidence to support my claims, I can see, they do not look at the medical records. I even got denied for housebound/A&A without a C&P exam, I do not how they can say there is no medical evidence to support this, I thought that is what the C&P exam was for. I even got denied for my back going back to 1971, stating I had moderate kyphosis (spelled hyphosis) before entering the service, it says I was treated on one occassion, June 17, 1968 for pain in my spine that shoots down both legs, but that was due to my pes planus, it doesn't say that in the medical files, pes planus existed prior to service, which I know, but have been denied for this too, as it was not aggravated by military service according to the VA, but I was given pain pills, and arch supports all through the service, and have worn them ever since, but not before service, a lot of double talk, the trouble with proving my back condition, all I have is medical records from basic training, after that the VA says they do not exist anymore so is hard to prove anything. I got a EED for my Diabetes 2 for 10%, effective Dec 31, 2002, then 20% effective Jan 16, 2003, a whole 16 days earlier, as that was the date I filed, they didn't take into account that it says in my medical files, that I sent them, that I was diagnoised in Jan of 1994, they said there is no record of anything, when they would of have to blind not to have seen this report, as I sent it to them on 4 different occassions.

[Guest Berta]

"I got a EED for my Diabetes 2 for 10%, effective Dec 31, 2002, then 20% effective Jan 16, 2003, a whole 16 days earlier, as that was the date I filed, they didn't take into account that it says in my medical files, that I sent them, that I was diagnoised in Jan of 1994, they said there is no record of anything, "

If this is a AO claim for the DMII- and if your DMII was, by medical evidence at least at 10% disabling on 5-8-01 (date of publication of SMII AO regs) I believe the VA would have to give you retro back to 5-8-01

per the Nehmer decision-

The ratings and their medical criteria are at:

http://www.warms.vba.va.gov/bookc.html#d

I think you would need to look under Endocrine system.

[frosty69]

"I got a EED for my Diabetes 2 for 10%, effective Dec 31, 2002, then 20% effective Jan 16, 2003, a whole 16 days earlier, as that was the date I filed, they didn't take into account that it says in my medical files, that I sent them, that I was diagnoised in Jan of 1994, they said there is no record of anything, "

If this is a AO claim for the DMII- and if your DMII was, by medical evidence at least at 10% disabling on 5-8-01 (date of publication of SMII AO regs) I believe the VA would have to give you retro back to 5-8-01

per the Nehmer decision-

The ratings and their medical criteria are at:

http://www.warms.vba.va.gov/bookc.html#d

I think you would need to look under Endocrine system.

Berta

yes it is under agent orange, so it should go back to that 2001 date, no more money, as i am already 100% for PTSD, but just want what is legal mine by va law. I got a called from Senators Daytons office, as I sent them a e-mail last week, concerning I didn't get a c&P exam for all my denials, so I had to faxed them a copy of my denials, and the VA laws on every appeal, 65 pages, good thing I have a good fax machine at home, now wait and see if they can force the va to give me c&p exam, and still don't know what Pete means by boiler plates.