Need Clairafication

[Dick]

<_< i am presently 60% sc with primary dx of dm11. On 3/18/08 my claim for reflux disease and to finally get my request for a decision which had been deferred for over a year on my PN in my legs resolved. My PN on 8/21/2009 was denied . After reading my 1st C&P Progress Notes i found on page 21 section 3 that the examiner stated that the lower extremities was most likely aggravatesd by DM. This was also stated for my claim for ED. When i read the reference to 38 of the CFR's it is stated that "service connection "may" be granted for a disease or inlury which resulted from a service -connected disability or aggravated thereby". Unless i am misinterpeting this i should be entitled to compensation due to aggravated circumstances as stated by the doctor during the exam. What is the real meaning of this statemant? Should i file a NOD for reconsidertation of this decision?

I was released from the va hospital on 9/3/09 with a dx of gastoparesis likely secondary to DM automic neuropathy secondary to gastritis and esophagitis. Any suggestions on my options?

Thanks

Dick

[sharon]

Did you file for the conditions as secondary or aggrevated by? If not refile based them being secondary to or aggravated by. Otherwise they are rated as primary conditions.

[Dick]

everything is secondary. My new claim will also be 2ndary to dm11. I am just confused about what to do next.

[Berta]

odd the doc said the PN is aggravated by the DM? I usually see DMII as cause of any Peripheral neuropathy. ?

[Dick]

the doc said my primary cause of my pn was my drinking in the past. May be the case but i don't think he beleived that either. Need to go ahead with my nod and get to the bottom of it.

[LarryJ]

If you have, as you stated, a C&P diagnosis of PN secondary/aggravated by you DMII, and, yet were denied, then it is time to request an informal hearing/review with the DRO at your VA Regional Office.

DO NOT LET THE 1 year mark go by without having filed a FORMAL NOD, though. Don't forget that.

Your claim should go before the DRO much more quickly than if you did file an NOD and the Form I-9.

[Dick]

i guess my question is: in my c&p progress report the Dr said in section 2 the pn in the lower bilateral extremitiesis less likely than not [less than 50/50 probability] caused by or a result of DM. However in section 3 of the report it states [ his PN, bilateral lower extremities was most likely aggravated by DM. Based on medical opinion that your PN was diagnosed prior to dx of DM, entitlement to service connection for PN due to DM11 is denied. Based on this should i NOD their decision?

thanks

Dick