Jump to content

Recommended Posts

  • Content Contributor

NOTE:

VA Fast Letter 08-33.pdf

The following Fast Letter was taken from this site—

http://vietnamresearch.com/agento/notice.html

I have changed the formatting to make it easier to read. I could not find it anywhere else.

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

December 3, 2002

Director (00/21)

VA Regional Offices and Centers

In Reply Refer To: 211A

Fast Letter 00-33

SUBJ: Review of Awards for Diseases Associated with Herbicide Exposure for
Possible Retroactive Benefits Under Nehmer Order.

BACKGROUND INFORMATION

In August, we sent the enclosed notice to approximately 1,700 additional
diabetes claimants identified by the Special Issue Rating System (SIRS).

The notice states that VA must re-adjudicate certain previously denied claims
under Nehmer v. United States Department of Veterans Affairs, CV-86-6160
 (TEH) (N.D. Cal).

The notice also advised these claimants of their rights
and responsibilities with respect to these re-adjudications.

A copy of the
 letter was to sent each regional office for file purposes.

We will be
 sending a list of these cases to each regional office, in an MS Excel
spreadsheet format via e-mail.

Link to comment
Share on other sites

  • Replies 0
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

  • Ads

  • Ads

  • Similar Content

    • By JJM
      My father in-law first filed a form 21-526 on 8/2/2001 for prostate cancer and heart condition due to AO.  The VA has conceded that this claim remained opened from that date until 3/25/2020.  The VA conceded service connection for CAD, prostate cancer, diabetes mellitus, diabetic peripheral neuropathy, etc with an effective date of 12/20/2017.  The VA conceded on 3/25/2020 an effective date of 8/2/2001 for the CAD and prostate cancer, but denied an earlier effective date for diabetes and neuropathy.  The VA has conceded a first diagnosis date for diabetes and neuropathy of 10/3/2006.  I would like to appeal the 3/25/2020 rating decision denial of the diabetes and neuropathy to an effective date of 10/3/2006.  I am hoping to use an "expressed or inferred claim" due to the fact that the initial claim remained open continuously from 8/2001 through 3/2020, and that with an open diagnosis of CAD, that a diabetes claim was inferred.  I would appreciate any guidance on language to use, cases to refer to, and which type of appeal format to use.  This was initiated under the old system, and a Nehmer de novo review was done on 4/28/2020.  Thanks for your help!
    • By jamescripps2
      I have service connected Chloracne, Diabetes II, and heart disease. In Dec, 2019 I was prescribed by the VA to take 25 mg per day of the relatively new drug Jardiance.  My cardiologist said that it would help with my Diabetes as well as the heart disease. I then started complaining of huge boils coming up in my right and then left inner groin. After many dermatology and emergency room visits, no diagnosis or treatment, other than a look see and another bottle of antibiotics.antibiotics.
      On July 1, 2020, things got a lot worse, so another trip to the ER and another bottle of ills. The pain was so great that I took some very strong opioids and slept away a day and a half. On July 3rd I once again returned to the ER. I have no memory of opening the ER door or seeing anyone. I woke up weeks later in the VA SCIU with  really bad pain. I didn't know why I was there or what had happened to me. I deduced that I must have been involved in a really awful car crash, perhaps someone was killed! Was it my wife, or maybe my grandchildren! With the covid 19 restrictions in place, no visitors. I asked everyone attending me but I got no answers.
      Some time weeks later my cardiologist appeared at my bedside and told me that I had to have emergency surgery for Fournier's Gangrene, a flesh eating bacteria that was caused by a perfect storm, created by the Cloracne, the Diabetes, and the medication, Jordiance. I had lost my private parts, including from three inches above my navel in the front to include my anus in the back. I have huge skin graft sites in my upper legs. the grafts were used to reconstruct from my buttocks to my navel and everything in between. I was given a 4.74% chance to survive the operation. At this time ,I am close to two months out, where I was given a 17.11 % chance of survival of 180 days. 
      There were only 19 cases of Fourniers Gangrene in 35 years, that is until they started prescribing Jardiance, now the FDA has identified 55 new cases.
      The drug goes by several names such as Jordiance, Emphgliflozin, Canagliflozin, and Dapagliflozin, Dapagliflozin is better better known as Farxiga.
      For a more complete story on my experience with the drug listen to the September 17th podcast in Exposed Vets. There will probably be a follow up broadcast later on this year, If I can survive the 180 day period, which is up December 3rd. And yes, I am making plans for the future.
      All I can say at this point is, If you have heart disease and/or diabetes check your medications! especially if you also have chloracne or another skin disease. Inform family and friends. The next time a tv commercial on such drugs Jordiance comes on, listen to the known side effects that are also listed.
      Merry Christmas, and Happy new year!
    • By freedog89
      This is a post looking for information and how to proceed. I applied for diabetes when I got out of the Navy in 2011 and was denied. I put in another claim in 2016 but never received a C& P exam. So I applied again and they recommended I submit a supplemental claim which they denied. I did have a  C& P exam and the examiner stated it was less likely than not incurred or caused by military service.  I was diagnosed with prediabetes and was taking METFORMIN and taking  blood glucose three times a day. I have had full diabetes since 2013.  Favorable findings shows a qualifying event during service (prediabetes) and disability of Diabetes Mellitus II. I have an HLR in but think I will get denied. What is my best option for fighting for service connection?
    • By L2dee2
      I was diagnosed with Diabetes type 2 on 2 Mar 10,  my last day on active duty was 28 Feb 09. I was denied service connection when I filed since I was officially diagnosed 3 days outside the 1 year window.  I never appealed this claim.  I was rated 60% in 2010 and never looked back.
      I recently happened across this site and realized, I might be able to reopen the case and submit a nexus letter stating that the diabetes manifested within the one year of me leaving active duty if not before.  Lab test taken on 25 Feb 09 show a Glucose reading of 324.  For some reason HB A1C test wasn't take until 2 Mar 10.  My HB A1C was 12.5.  The 2 Mar 10 date puts me inside the 1 year window.  There is no way my diabetes appeared in 3 days after the 1 year window.
      I am also service connected with Hypothyrodism (Hashimotos) which caused weight gain and slows the metabolism.  I was diagnosed in 1998.  Some medical evidence also shows slow thyroid can cause Diabetes.  Due to weight gain from my underactive thyroid, I was clinically obese on active duty.    If I can't get Diabetes added by showing it is service connected, maybe I can add it as a secondary to my Hypothyrodisim.  What are your thoughts?
       
  • Ads

  • Our picks

    • Burn Pit Claim Assistance
      The NVLSP launched its Burn Claim Assistance program:  Details at the NVLSP website:

      https://www.nvlsp.org/what-we-do/burn-pits-claims-assistance-program/
      • 0 replies
    • I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
      • 11 replies
    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    444%
    $6,673.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines