Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Questions For Berta

Rate this question


jlshand

Question

BERTA,

I am about to submit new evidence to a claim for AO/DM11 that I formally paused just as I was scheduled for some C&Ps.

Based on a IMO from my cardiologist it appears I can claim service connection for significant heart problems caused/aggravated AS LIKELY OR NOT, by the DM11.

I have found in the VA Code 38 schedule ratings that appear to describe and rate my heart problems almost perfectly.

Also have found a couple of remands from various BVA's that appear to support my claims for the connection between AO/diabetes and my heart issues.

MY QUESTIONS!

In your opinion,

1. Is it "wise" to specifically point to these ratings and opinions in my write up of this new information? My concern here is appearing to be a "smart a#$" to one of the more "sensitive" raters who may handle this claim.

And,

2. Is there a specific form to use in adding new info in a case like this or do I just write a letter kind of summarizing the ratings and remands mentioned above and then include the objective info (MD's letter, tests etc) and deliver to the VARO?

Thank you and keep up the good fight

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

Guest Berta

I would just send them a letter with your c file number on it

and tell them this is a claim, in addition to the DMII claim you filed on__(date)for secondary service connection of your heart condition.

I would then add that your cardiologist has medically linked your heart condition to your Diabetes Mellitus and that you are enclosing evidence to support the heart claim and then identify and number whatever you are going to attach.

I see nothing at all wrong with carefully explaining the IMO statement and also referencing any BVA decisions

(you could use a hyperlink to the actual decision instead of the whole thing)

and also I certainly would send them the specific rating schedule and tell them how you actually fit into it.

I dont feel anyone at the VARO would think you are a smart ---because this actually makes their job easier for them and I also think

-if they DO think we are smart asses to do this-it shows them that we know what they know and they have to do it right.

I use those little colored yard sale stickers for evidence-

I list my submissions as Exhibit A, B, etc-

and put the stickers on the copies of the evidence.

I always put a list at bottom of the letter-listing and identifying them again.

Like Exhibit A: Echo results 1992

B: Blood chemistry report 1994

C: ECG Syracuse VA 1992

This is a good time to add any other potential condition due to the DMII-

Peripheral neuropathy, vision problems, ED, HBP anything whatsoever that could also be due to your DMII.

Sounds like a great claim. You did some great work-

The BVA decisions-

you could copy and paste parts of them into this claim (with the hyperspace addy or the Docket number and quotes around it-if you want to highlight anything specific - BVA decisions as you know are not binding on the VARO but their rationale can often give the VARO direction.

I think if they see a bunch of entire BVA decisions with a claim,they dont want to take the time to read them.

Actually- there own regs on DMII and their training letter really covers all you need-

I dont think you need the BVA decision with the IMO you have.

The DMII training letter-

I have sent that with claims- highlighting the veteran's specific disabilities-with a magic marker-it used to be a 17 page version .

If a vet has DMII from AO- with no other possible etiology or reason for heart disease-they should certainly service connect the heart disease.

Edited by Berta
Link to comment
Share on other sites

ooops - could not add this to my previous reply

VA's Diabetes Training Letter-

23 pages- cntans what secondary conditions can be associated with DMII.

BERTA,

Many thanks for the quick response. Do you think I should print my letter in big multicolored block letters?

(LOL)

Your opinion is pretty much the way I have been leaning but I am really gunshy after dealing with the hospital and reading all the crap noted on this and other boards. But I was afraid of the possible "jailhouse lawyer" effect. I guess like evrything else it all depends upon the type of personality on the receiving end.

Still, I fully expect regardless of the quality and support for the heart related portion of my claim, that it will be denied and I will have to go down the appeal path.

You didnt mention if there is a specific form I should use for the additional info or if I needed to do something in light of the VA not acknowleging my "pause" request . Maybe our responses crossed in the ether.

Thanks... JUST REREAD YOUR RESPONSE AND SAW THE RECOMMENDATION FOR THE LETTER NOT A SPECIFIC FORM.

Edited by jlshand
Link to comment
Share on other sites

I would just send them a letter with your c file number on it

and tell them this is a claim, in addition to the DMII claim you filed on__(date)for secondary service connection of your heart condition.

I would then add that your cardiologist has medically linked your heart condition to your Diabetes Mellitus and that you are enclosing evidence to support the heart claim and then identify and number whatever you are going to attach.

I see nothing at all wrong with carefully explaining the IMO statement and also referencing any BVA decisions

(you could use a hyperlink to the actual decision instead of the whole thing)

and also I certainly would send them the specific rating schedule and tell them how you actually fit into it.

I dont feel anyone at the VARO would think you are a smart ---because this actually makes their job easier for them and I also think

-if they DO think we are smart asses to do this-it shows them that we know what they know and they have to do it right.

I use those little colored yard sale stickers for evidence-

I list my submissions as Exhibit A, B, etc-

and put the stickers on the copies of the evidence.

I always put a list at bottom of the letter-listing and identifying them again.

Like Exhibit A: Echo results 1992

B: Blood chemistry report 1994

C: ECG Syracuse VA 1992

This is a good time to add any other potential condition due to the DMII-

Peripheral neuropathy, vision problems, ED, HBP anything whatsoever that could also be due to your DMII.

Sounds like a great claim. You did some great work-

The BVA decisions-

you could copy and paste parts of them into this claim (with the hyperspace addy or the Docket number and quotes around it-if you want to highlight anything specific - BVA decisions as you know are not binding on the VARO but their rationale can often give the VARO direction.

I think if they see a bunch of entire BVA decisions with a claim,they dont want to take the time to read them.

Actually- there own regs on DMII and their training letter really covers all you need-

I dont think you need the BVA decision with the IMO you have.

The DMII training letter-

I have sent that with claims- highlighting the veteran's specific disabilities-with a magic marker-it used to be a 17 page version .

If a vet has DMII from AO- with no other possible etiology or reason for heart disease-they should certainly service connect the heart disease.

I DO HAVE A NON MILITARY SERVICE HISTORY OF TREATMENT FOR HIGH CHOLESTEROL AND HIGH BP SO THEY COULD EASILY CLAIM THIS AS ETIOLOGY FOR CAD/Afib. i guess this is where the "reasonable doubt,

as likely as not" business comes in. As well as some reg I think I recall which said they must favor an IMO over their own docs opinion. I think I can safely bet their MD will claim the cardio problems stemmed from genetic factors ie blood pressure and cholesterol

Link to comment
Share on other sites

Guest Morgan

jlshand,

I have the VA training letter for heart conditions, but I'm having a problem attaching files on this board. I can zip the file and send it to you by private email if you want it. I don't think I've seen this posted on hadit, but many veterans have heart problems. I'll see if I can attach it in a new topic.

Link to comment
Share on other sites

MORGAN, Thanks for the offer, My email is jlshand@yahoo.com. Would appreciate your time and trouble in sending on the training letter. Didnt know one existed specifically for Heart problems but I guess it makes sense. Wonder if any of the raters have read the thing{LOL} Thanks again

I have the VA training letter for heart conditions, but I'm having a problem attaching files on this board. I can zip the file and send it to you by private email if you want it. I don't think I've seen this posted on hadit, but many veterans have heart problems. I'll see if I can attach it in a new topic.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use