diabetes Is It Possible To Appeal A Disability Rating For A Decease Vet

[DVCal]

My father passed away a few months ago and at his time of death he was rated 80% mainly due to diabetes and heart disease. My father however was unable to walk or work due to osteoarthritis of the knee. The VA rejected his claim that his osteoarthritis was serviced related. We firmly believe that his osteoarthritis was a result of his diabetes, which they have accepted as service related. The service lead to AO exposure, which lead to diabetes, which caused the osteoarthritis, which made my father unable to walk. My parents were planning to appeal before my father passed away, but now my mother thinks it is too late. If they give her the increase payment for the 4 year period that my father was rated disable, it would really help.

Question 1: Is it too late to request another review or appeal for an increase percentage and inclusion of the osteoarthritis as service related.

Question 2: If we do request they re-look at his file can they decide to LOWER his rating and demand money back?

Question: 3: If we push this can they take away the DIC that my mother was awarded?

[jbasser]

This is a very difficult one to win. The only connection between osteoarthritis and diabetes II is the fact that many diabetics are obese and the obesity puts the pressure on the knees.

Anything is possible, though, but I dont see the VA approving this one unless there is iron clad evidence and a strong IMO.

J

[Berta]

"My parents were planning to appeal before my father passed away, but now my mother thinks it is too late"

"The VA rejected his claim that his osteoarthritis was serviced related."

If there was a claim pending for the denial when he died or your mother is still within the appellate period there is possibility she could substitute herself as the claimant and continue the claim.

Not enough info here to know for sure-

When he died (I see she gets DIC) did she have a claim for "accrued benefits" pending as part of her DIC application?

"Question 1: Is it too late to request another review or appeal for an increase percentage and inclusion of the osteoarthritis as service related."

If By medical evidence (such as an IMO she can get the osteoporosis stated to be secondary for any AO condition he had ( possible but it will take a strong Independent Medical Opinion) it is also possible that even f there was not an accrued claim made on the DIC application, then possibly the Nehmer decision would allow a retroactive payment for the osteoporosis.

"Question 2: If we do request they re-look at his file can they decide to LOWER his rating and demand money back?"

Nope- dont worry there.

"Question: 3: If we push this can they take away the DIC that my mother was awarded?" Not a chance.

"The VA rejected his claim that his osteoarthritis was serviced related"

What was the date of that claim and was a NOD or anything else filed as appeal of the denial?

There isnt enough info here to really determine how this could play out for your mother.

Still nothing is impossible with the VA.

I was awarded last year- 16 years after my husband's death for a AO disability (DMII)he didnt even know he had (it was misdiagnosed

and the VA never rated it but might with my current AO Nehmer claim.)

So even though he never claimed the DMII, it could become part of the accrued award I expect under my pending claim-because that claim falls under Nehmer.

Also when my husband died, he had called VA the same day of his death to learn both of his pending claims were in the rating board.

When he got off the phone he again told me they would kill him ( they did FTCA, 1151 awards)

and he wanted me promise I would pursue his pending 1151 claim and his PTSD claim if he died.

I did and they were resolved about 3 years later.But this was because they were reopens in my own name within one year after his death and mentioned on the DIC application and I then formally re- opened them separately myself.

So there is possibility she might be able to re open or appeal the claim he had that was denied.But when was it denied? It might be too late.

If there is no way to find medical evidence and a strong IMO however to associate this disability with his AO disabilities, then there might be no feasible way to pursue it.

Did the VARO mention this claim in their DIC award letter?

If so can you tell us what the award letter said about it?

We have considerable info here in our DIC forum that could help her.

But this presents an unusual and potentially difficult claim for accrued benefits.

Accrued benefits claims MUST be filed within one year after a veteran's death unless they are directly AO related so any further benefit she might be able to get depends,in my opinion, solely due to very strong evidence that AO DMII caused this additional disability.

An IMO doctor (we have IMO forum here too) would have to go over all medical records and give a VERY strong medical rationale that his DMII caused the Osteoporosis.

It might help to google all SC meds he took to see if any of them can possibly cause osteoporosis as a side affect.

I did a lot of research for all of my claims and it is amazing what one can find on the internet medically.

I also suggest that your mom find a vet rep who could look over her potential here.

If the Osteoporosis was rated as a NSC disability in past ratings he had then Nehmer (Footnote one- explained here in our AO forum) could possibly kick in if the DMII is associated medically with the osteoporosis.

We just had yesterday a Footnote one Nehmer vet here who received $485,000 in retro under the Nehmer Court Order.(In our AO forum)

I am a Nehmer Footnote one widow and expect retro as well for AO conditions I did not even know my husband had when I filed for accrued benefits (and VA didnt tell him or me what he had)

Nehmer has many facets that can involve additional awards particularily for the 3 new AO presumptives.

Any vet rep should be well versed in AO and Nehmer by now to see if she should re open this claim.

Edited July 29, 2011 by Berta

[Berta]

This is example what I meant about any side affects of his meds:

"New research raises the possibility that long-term treatment with rosiglitazone, as Avandia is also called, could lead to osteoporosis. The diabetes drug is used to improved response to insulin.

http://www.msnbc.msn.com/id/22066522/ns/health-diabetes/t/diabetes-drug-may-hike-osteoporosis-risk/"