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Questions For Berta

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jlshand

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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

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Guest Berta

"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 " etc-

If you are claiming the DMII from Agent Orange and are an incountry Vietnam vet-

I dont see how they can get out of the DMII award-and any complications of it- such as high cholestrol etc---

another thing to consider - millions of Americans have been undiagnosed with long term DMII- because only when they suffered a severe consequence of it- were actual diabetes tests performed-

And in 1997 the ADA diabetes criteria changed- lowering the DMII threshold on glucose values-many Americans then were considered diabetic yet had already felt the affects of undiagnosed diabetes through complications.

"As well as some reg I think I recall which said they must favor an IMO over their" etc-

The VA will often do all they can to go against a good IMO from a real doctor.

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