diabetes Questions For Berta

[jlshand]

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

[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 March 4, 2006 by Berta

[Guest Berta]

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.

DMII_VA_Training_Letter.doc

[jlshand]

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 March 4, 2006 by jlshand

[jlshand]

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

[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.

[jlshand]

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.