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Section 1151


john999

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Berta

The VA dismissed my Section 1151 Claim because they said I already had an appeal in for SC for upper extremity peripheral nueropathy and that since the DRO granted SC for the PN my Section 1151 was dismissed. Now I see why the DRO granted the service connection so quickly. They had a plan. This sounds like BS to me. What do you think? My 1151 claim was for not diagnosing my DMII in a timely manner. I beleive I am getting screwed on this. My DMII was only granted from the date of the C&P exam.

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John-are you still within the year to file a NOD on the 1151 claim?

That's good- you got DMII from Agent Orange at a C & P exam-yeah right

I would check my med records if I were you to see when your glucose readings were first recorded as abnormally high-it would be in your Blood Chemistry reports. And the Creatine readings as well as the cholestrol readings-did they ever give you a HB1AC test prior to the C & P?

Peripheral Neuropathy would be secondary to established DMII.

Maybe they tried to say you were at one point "pre -diabetic" but not fully diabetic ???

The idea of Pre diabetes is really a crock-either one has DMII or one hasn't.

Did they ever, in your med recs , say you were "at risk" for diabetes?

The Wikipedia definition of "risk" as a professional assessment considers that " risk " can cause future disability or harm.

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Yes the VA said I war pre-diabetic and that I had nerve damage from AO. This was back in 2000 I believe on my AO exam. I am still within the year of my DRO decision. When I got SC for PN I just signed off on it because it did not mean any more money and I was fed up. The VA says I was granted full relief and the case is closed.

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I would file a NOD john on the EED- for the diabetes- and state that your medical records reveal that the EED should be earier then the date they awarded you for it.

"The VA says I was granted full relief and the case is closed."

Regardless of what they said -I would still file the NOD.

The VA often makes statements that sound ominous and final-if the NOD time isn't up the vet can NOD what the VA said. Or, after that year, they can CUE it.

I have a CUE on two decisions in which they said the veteran (my husband) was "NOT eligible under any circumstance" for SMC. He sure was. I supported my cue with VA case law.

They say a lot that vets should argue with.

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