diabetes Famous Va Brown Envelope

[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!

[john999]

I would not worry about tipping my hand. Present all the evidence you have as soon as you can. You know the VA is playing dirty when they ignore the complete body of an IMO and focus on one phrase they can use to deny the claim. This is why it is important to inspect all evidence you give the VA to make sure there are no traps in there the VA can used to dispute your claim. SSD records, for instance, should not include anything that is not SC'ed. This before DMII diagnosis, and after DMII diagnosis is an old trick. They said I had PN before my DMII diangosis, but they had evidence of DMII long before they got around to making a diagnosis. Either way things like cataracts, PN, vascular artery disease go hand in glove with DMII. Pre-diabetes is the biggest scam the VA ever came up with to deny claims. Just get medical opinions saying your conditions are linked to DMII. There is reasonable doubt.