Non-hodgkins Lymphoma And Diabetis-claim Denied

[Guest BrangusBull]

Fella's, I need some advice, help or whatever.

Brief background- I'm a Viet-Nam vet. Served with the Marines (2/5) during Tet 1968 as a grunt.

In Jan of 2002 I was diagnosed with non-hodgkins lymphoma. Was off work for 6 months during chemotherapy. I am now in remission. Still having Cat Scans every 6 months to insure against non recurrence. Filed for disability with the VA after the treatments were over and they rated me 0%. I have now been diagnosed with diabetis type 2. Have filed another claim but have heard nothing for months. I have 2 of the conditions which have been said to have been caused by Agent orange exposure and yet receiving no compensation. Does this sound normal or am I just getting the run around? Still working but its getting harder to keep getting up every morning. Are they just waiting for me to die or what?

Please advise me!

[Pete53]

Bull:

Welcome to Hadit. You will get the diabetes claim based on how bad it is. I don't think Hodgkins is on the list so you need to look for a way to link it to Service.

Good Luck

[Guest terrysturgis]

Bull, I am service connect with Diabetes. I had diabetes for two years before a SO told me to file a claim. It appears you have filed a claim but you have not mentioned a C&P which is the VA's next step. At your C&P take all private medical records to back your claim. You also need to be aware of secondary claims. I have High Blood Pressure, lower body neuropathy, upper body neuropathy and tinnitus. Be sure to file all claims. I have also had an AO exam at my local VA. Anything found during the exam is can also be turned into a claim allthough don't assume it is automatic. You must file. Getting to this board is a great step to help you win any claim. The folks here are the only place I have found to guide us through the user friendly VA system. Good Luck! Terry Sturgis

[Guest Berta]

Bull- have you called 1-800-827-1000 lately to see what the status is of the DMII claim?

you got good advice here already- there are numerous complications that a diabetic can have- best to put anything at all in this claim (you can always add to it) that could be secondary to the DMII claim.

That NHL decision bothers me-

In 1995 the VA changed their NHL rating-

Either it is rated 100% (if in "active" phase )or it is "0" SC if in successful remission.

But even in remission- the VA must rate residuals-if you have any-

I have a NHL Nam vet who has a colostomy bag due to NHL surgery- the NHL is in remission but the colostomy-situation due to AO NHL is 100%SC

Would you be able to scan your decision for the NHL "0" and email it to me (block out the c file number)

The VA has made countless errors in adjudicating Nehmer claims- Nehmer is the lawsuit that provided AO vets with more favorable retro amounts.

You obviously went though a significant loss of work time when the NHL was active-

Were you treated by VA for this?

I dont know what I can do but I feel something is wrong with their decision-based on the Nehmer court order-you did have active NHL - did you ever file a claim when it was in active stage?

I have a Nehmer claim at the VARO now and did a lot of research under Nehmer-which might affect you-

In any event on the diabetes- that concerns me too- I sure would check the VARO number above-

After the VA phone robot says hit One for touch tone, just wait a second and then hit 0 and wait for someone to answer.

[john999]

Bull

What I might do is go to a private doctor who is expert in treating DMII and its complications and find out what is really going on with you. You can use this when you go for the C&P exam. My DMII c&p only lasted 15 minutes. I got a very basic exam. I wish I had known more about potential complications. The C&P doctor should ask about all possible complications but often they don't do this. I had to bring up the complications I did have to get an exam and a rating.

[Guest Berta]

Bull- what I am considering- regarding my previous post is this-

the NHL-you filed when the chemo was over and got the "0" rating for NHL in remission-

however- within the year prior to your claim, you fulfilled a 100% NHL criteria-

I am trying to see why you cannot get award for 100% for 6 months because your entitlement arose during the year previous to your claim- at least for 6 months-

NHL is rated only at "0" or at 100%.

38 CFR 3.400 (o) :

o) Increases (38 U.S.C. 5110(a) and 5110(B)(2), Pub. L. 94–71, 89 Stat. 395; §§3.109, 3.156, 3.157)—(1) General. "Except as provided in paragraph (o)(2) of this section and §3.401(B), date of receipt of claim or date entitlement arose, whichever is later. "

(what they refer to is the earliest effective date for award of benefits)

Your application for disability for the NHL was received by VA within one year of an 'increase'-technically that is the law but they failed to give you an award that 'increased' the "0" SC.

Which obviously was 100% during the year prior to the "0" SC rating.

They did acknowledge the fact that you had a AO condition- I think there is a way to

manipulate this reg into having them readjudicate based on "date entitlement arose"

Did they mention anything like that in your decision for the NHL?

Does anyone see what I mean here? I am very glad that this vet is in remission with the "0" at this time-

but he certainly suffered from an AO disability for many months (and lost work time)

before he went into remission. I think they snookered him out of 6 months at 100%-

you would think someone would have told him to file a claim sooner-

if he was treated by the VA- then again I met a WWII vet who was treated by VA for decades as NSC and here he was over 100% SC for many many years but lived in poverty because no one advised him to file a claim.

Edited December 6, 2005 by Berta