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diabetes Famous Va Brown Envelope
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Question
Chuck75
Well, it's quite obvious that the VA Atlanta RO is in the denial mode at year's end.
The famous brown envelope received this week denied multiple issues.
It is blatantly obvious that denial was the predetermined result.
Favorable evidence was not referenced. Oddly enough, a recently received letter from the VA only referenced part of the denied items as being under consideration.
The Denials are in direct conflict with current medical thinking, practice, medical references, VA documents, and even a medical opinion from a treating VA doctor, which was not mentioned. Also, medical opinions from two non VA treating doctors were not mentioned.
The denials are even at odds with language contained in the VA's primary care treatment guide. The key statement in the guide is that Diabetes II exists on the average for ten years before diagnosis is made.
If that isn't enough, I requested a copy of my C file almost a year ago, last February, under a procedural clause in the VA's regs and language used in replies to veterans. The VA has yet to supply a copy or make an appointment with me to review the file. It is my opinion that this is a violation of not only written procedures, it is a denial of due process. As a result, any unfavorable decision by the VA might/should be considered defective.
(So much for "duty to Assist"!)
Looks like lawyer time to me!
At heart is a claim that is actually over 100% SC (and retroactive for a few years) by the VA's own rules, and also can involve TDIU, as SSA has already ruled on two of the issues, resulting in SSDI payments, including about 20K in retro payments.
Constructive Comments Please!
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