diabetes Help With Total Unemployability And Type 2 Diabetes Rating

[Slim]

Howdy

I am hoping someone can help me out some. I am disabled out of Viet Nam. I am service connected. I am currently disabled at 64% or rounded down it is 60%.

My ratings are 50% for PTSD, 10% for bilateral hearing loss. 10% for Type 2 diabetes. I think there is 10% for bilateral Tinnitus. I think that is all of them. I have several more that are not rated, even though the VA accepts them.

I was recently put on Insulin for the diabetes. I have asked for an increase in my rating because of this fact. This will increase my rating and I will become eligible for Total Unemployability.

Can anyone who has been in a similar situation and accomplished it give me a hand in doing the paperwork? We all know there are certain buzzwords and phrases that catch their attention. I could use some help in figuring what those words are when filling out this paper work.

I haven’t been able to work for over 10 years now for a variety of reasons. All most all of them are connected with my military service. I have been surviving on my disability pay. I have done all my paperwork so far by myself. I have had virtually no help because of where I live in Arizona. This time it is just too important and I am looking for all the help I can get. If you can give me a hand please post something here or drop me an email

Slim at rapidcable .com

Thank you all in advance for the help.

Thanks

Slim

[Ricky]

Slim welcome and hang with us for there are many, many knowledgeable guys and gals here.

The best advice that I can give is try to make sure your doc includes the following wording in you treatment plan: insulin, restricted diet, and regulation of activities. If these are there you will get a 40 percent rating. The wording of insulin and restricted diet will result in a 20 percent rating.

Also make sure that you are fully checked for secondary issues from the DM such as feet etc..... For with a DMII rating anything that is secondary and results in a seperate rating will be consider "1" rating for TDIU purposes.

As far as your claim all you need to do is have the above wording in your medical evidence and then ask for an increased rating in your DMII rating based upon the increased effects of the disability which now require the treatment of insulin, restricted diet and the regulation of your normal activities. That should do it.

[Berta]

"My original appeal of their decision was terminated about 6 years ago due to failure to respond on my part. What happened was I sent some paperwork into them with the wrong address on it Instead of it being box 6544 I had typed 6744. I never received the paperwork and it never got returned to the VA. I have tried to figure out how to file a motion to reconsider their decision to end my appeal, or whatever you would call that motion, but have never been able to figure out how to do it. I even have a written statement from a postal worker who worked at that post office explaining what probably happened " etc

the VA is very adamant that claimants keep up with their claims-

they could say it was your responsibility (or a vet reps) to have contacted the VA at some point for a status of the claim and then determine the decision had been sent to the wrong address-

Still- I am sure this has happened to other veterans and it takes so long for anything to happen with VA-we dont really know if they sent something we didnt get- unless we call them and something shows up on the 800#-

usually the 800# people can tell if VA has made a recent reply to the vet.

BUT- if that older decision contained a CUE- You could file a Claim of clear and unmistakable error on it-

you would have to find a Legal error

(such as wrong diagnostic code-etc in order to file the CUE)and also you would have to show that they owed you money at that time due to the CUE.

There is a lot here in CUE claims-clears of Clear and unmistakable error-

They are very hard to win-

and the ratings etc might have been correct at the time of that older decision.

"I have several more that are not rated, even though the VA accepts them."

Do you mean these are other claimed conditions?

are they in process for a rating?

"My original appeal of their decision was terminated about 6 years ago due to failure to respond on my part. What happened was I sent some paperwork into them with the wrong address on it Instead of it being box 6544 I had typed 6744. I never received the paperwork and it never got returned to the VA. I have tried to figure out how to file a motion to reconsider their decision to end my appeal, or whatever you would call that motion, but have never been able to figure out how to do it. I even have a written statement from a postal worker who worked at that post office explaining what probably happened " etc

the VA is very adamant that claimants keep up with their claims-

they could say it was your responsibility (or a vet reps) to have contacted the VA at some point for a status of the claim and then determine the decision had been sent to the wrong address-

Still- I am sure this has happened to other veterans and it takes so long for anything to happen with VA-we dont really know if they sent something we didnt get- unless we call them and something shows up on the 800#-

usually the 800# people can tell if VA has made a recent reply to the vet.

BUT- if that older decision contained a CUE- You could file a Claim of clear and unmistakable error on it-

you would have to find a Legal error

(such as wrong diagnostic code-etc in order to file the CUE)and also you would have to show that they owed you money at that time due to the CUE.

There is a lot here in CUE claims-clears of Clear and unmistakable error-

They are very hard to win-

and the ratings etc might have been correct at the time of that older decision.

"I have several more that are not rated, even though the VA accepts them."

Do you mean these are other claimed conditions?

are they in process for a rating?