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Am I Being Rushed By The Va?


OldDave
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I'm new to this so please excuse my errors. I'm a 62 yr old Vietnam vet who just learned that the diabetes I was diagnosed with in the late 1980's is service connected. In 1998 I had a heart attack. I'm trying to make the connection that the heart disease is secondary to DMII. I applied in July and at the beginning of August received the letter from the VARO with the form I needed to sign and return requesting an additional 30 days to submit evidance. That is not enough time to get the medical opinons I will need to prove my case. I plan to submit my own argument along with data from the internet before the 30 days are up. When I am denied, I'll get the medical data I need and file an appeal. That will give me up to a year. Does this make sense to anyone?

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  • HadIt.com Elder

Thirty days is there new deal, but in actuality you can submit evidence up until a decision is reached. Sign the form and mark it that you want the additional 30 days, then send it in certified mail, return receipt requested.

Just curios...why is it going to take so long to get the medical evidence together, and why did you file the claim before you had the medical evidence together? You did know that you could have had a resolution to a new claim for service connection within six months, where your appeal may take years after you file a NOD to resolve, didn't you?

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Thanks for the info. I'm not sure how long it will take to get the IMO's since I've never done this before. But I know a month would be rushing it. It takes almost that long to get a 5 minute appointment with a doctor. I did jump the gun on filing the claim. The local VAO said the sooner the better since the compensation starts on the 1st of the month following the application. I realize too that I missed about 7 years of benifits because I wasn't paying attention to veteran's issues. That had me kicking myself all the way to the VAO's office. I'll be paying a little more attention from now on.

I just re-read the letter from the VA. Here's a quote that takes some of the pressure off. "You have up to one year from the date of this letter to submit the information and evidence necessary to substantiate your claim..... If we decide your claim before one year from the date of this letter, you will still have the remainder of the one-year period to submit additional .. ." I should have read it more carefully the first time.

The 30 day thing confusses the issue and makes it appear you're approching a deadline. Maybe that is there intent.

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Your VSO probably wanted you to protect your date. The date received by the VA is the retro date to go back to when you get approved. You will get paid to the date they received the claim, upon approval.

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Dave,the VA will send you for a c and P exam to get their opinion. You do need to get MD notes from outside sources.

It can be done in 30 days.

They are wanting a nexus that puts the Heart attack and the DMII in priximity to one another. That is done by the Doctor explaining the relationship in your case between the 2 issues.

Good luck with your claim.

J

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  • HadIt.com Elder

Old Dave:

You should be approved with little or no problem.

Welcome to Hadit.

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Old Dave, more than likely your medical notes from your treating doctors have already tied your heart attack to your DMII unless you have hypertension also. Just make an appointment with your doc and ask him if he thinks the heart attack is related to your DMII. Then ask him to make such a diagnosis, post it in your medical records and give you a copy. Also ask him if he is willing to provide you with a letter (IMO) to support your VA Claim. In the letter he will need to state that the HA is due to the DMII, and why he thinks this - This claim will be an easy one for it is accepted throughout the medical community (cardaic) that DMII is a leading cause of heart problems such as heart attacks. Stick with us and we will help you throughout the process. Good luck

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