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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Berta

Dmii Retro Under

Question

Some time ago we had a question here from a DMII vet that asked why the VA gave him a retro date of

May 8,2001.

I don't recall being able to answer him adequately but I believe someone else did-and the information

bears repeating for any veteran who did not get the June 1, 2001 retro EED ---depending on the initial date of their DMII claim.

“Liesegang, et al v. Secretary of Veterans Affairs

On December 10, 2002, the US Court of Appeals for the Federal Circuit issued a decision in the case of Liesegang, et al v. Secretary of Veteran Affairs. The Court held that the correct effective date for our regulation adding Type 2 diabetes to the list of presumptive disabilities related to herbicide exposure is May 08, 2001, instead of July 9, 2001.

As a result of that decision, VA issued an automatic one-time adjustment to 9,340 Veterans granting an earlier payment date of June 1, 2001. The one time payment was made on August 4, 2003. In each adjusted case a notice was issued to the Veteran, POA, and RO. An additional 4,680 cases were manually reviewed. When reviewing the current Nehmer cases that may have previously involved Type 2 diabetes you must assure that this adjustment was actually made. This may require a thorough review of the claims folder. It is important that the Veteran gets paid correctly when entering the information into the prior payment field in VETSNET for retroactive awards. “

Source: NEHMER Training Guide by NVLSP. August 2010

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You know you can have the symtoms and markers of DMII for ten years but until someone at the VA actually gives you a DX of DMII you don't have it. You won't get compensated for it either. Half of the older guys I talk to probably have DMII but there doctors say pre-diabetic because their fasting glucose is 123 instead of 124.

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John- the new 1997 criteria is 126.

I agree with you 100%- VA is too cheap to administer the HBIAC test to every vet and they should.

HBIAC can detect hgh glucose over a 3 month period.

A vet who probably missed breakfast to get to VA appt and then waiting around for some time until th doc calls him in - is going to have a low glucose reading- that could become astronomiocal hours later in the day if they have diabetes.

I know I say this s often here it was be boring- but the VA killed my husband by their failure to administer simple glucose tests until it was too late.

Diabetes doesnt kill anyone- it is undiagnosed and untreated diabetes that causes heart disease, strokes, cataracts, amputations, kidney diease , -the list of complications are endless-and it is these complications that can kill the veteran.

Diabetes is expensive to treat when you consider the complications so it doesn't make any sense at all to me why the VA isnt aggressively checking vets well for diabetes and monitoring it carefully to prevent further costs of the complicatins that proper treatment cold avoid.

My husband's blood work chem reports revealed numerous markers that indicated diabetes and they still failed to diagnose and treat him properly.It didht save them money- it cost them a S--tload when I FTCAed them.

But how many vets or their survivors really know when the veteran's diabetes has been malpracticed on?

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