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

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    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

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Ken1

Files I 9 About 18 Months Ago

Question

I now have a DRO schedule in October 2011. How should I prepare? What documents should I have during hearing for DM II? I have a list of chemical and other hazards that I was exposed.

Thanks for any reply

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I recommend basing your appeal off the "reasons and bases" in your RO decision. You need to demonstrate why these "reasons and bases" for your decision are not valid. For example, if they denied SC because there was nothing in your record about the disease, you can either demonstrate, that sleep apnea was not invented in 1964, so that it is hardly suprising that your record does not show you were treated for it, or show that you were treated for OSA, as you complainted about your snoring and cite the medical exam.

If you can show their "reasons and bases" for denying you is faulty, then you are half way there.

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DMII is only presumptive for vets who served incountry-Vietnam- and/or near the Korea DMZ for a 3 year period in specific units defined in our AO forum under AO Korea topics.

And of course it can be SCed if there is inservice medical proof of diabetes.

If the hearing is solely for DMII -you would need a strong independent medical opinion of any nexus from inservice hazardous exposures other then AO ,(I assume they denied due to no AO exposure)

and also proof that your MOS exposed you to those hazards.

I studied a lot of medical literature on DMII for my last claim and don't recall any hazardous exposure except for Agent Orange as causing DMII to occur in veterans.

But I am not a doctor.

DMII is a metabolic disorder and an opinion from an endocrinologist would be required to attempt to get the DMII associated to any chemical or environmental hazard which was not AO.

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Thanks for the replies, I some info on EPA super fund clean up/chemicals that I will present. At the end of the day I will alway believe that it was AO but cannot prove.

Thanks

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when I had my dro hearing, last year, they never asked for documents, they just said if we had any more to add send them in asap... they basically wanted testimony, of course you can take short stacks, with items highlighted, but it is not the place that wanted any boxes of records.... but it's always good to have everything with you just in case,,,

since my vso was with me, she at least had the experience of how and when to submit and talk about issues... I baiscally used it as a chance t tell my story. It is very apparent that they cannot get the story out of just medical records, they appear to want and need you tell tell them your life story in less than 40 minutes. 20 minutes of the 1 hour alloted was them reading and telling me stuff, and asking me questions,,, of which I answered, and told my story from the time I entered the service until the latest medical issues... covering 25 years... I made it a point to let them know that every injury I suffered was from my duty, was from my job under orders... and was from the negligence of the commmanders who made me work under conditions that caused injury and illness of which my medical records back up 100%.

while my wife also did a short testimony, she backed up my case because we have been married and lived together 30 years.

still waiting for the decisions from the decemember 8, 2010 hearing.

Edited by retiredat44

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My VSO suggested that I bring any new Doc's withe just to speed up process. In her letter "If the VA needs more Doc's it will delay the process by months". They actually have most of the doc's but need to step back look at the big picture to connect the dots. I do not know if I will win or not but I want my time on the soapbox and look someone eye to eye to explain my case. If I win great if not I win end the battle believing I turned over every rock and left knowing on the table.

Thanks for the support and good luck with your claim.

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