diabetes Fully Developed Claim

[jcolwell]

Would like input on potential for fully developed claim.

Thailand veteran 1970

Orginal claim: 4/2011 IHD, GERD, Chronic renal disease

Denied: 10/11

Appeal: 10/11 at DRO

Filed new claim 9/12 for Diabetes 2, depression , HTN

All of my care is via private physicians . QB submitted for all of the above. All

medical records submitted by me to VA.

I have nothing else to give them . Should I go ahead and file FULLY DEVELOPED CLAIM CERTIFICATION (COMPENSATION) or it too late to do this ?

Thank you jim

[Berta]

VA seems to hinge on the word "herbicides" too instead of saying Agent Orange in these claims.

"So now with that said , should i send a letter to them telling them to work the case and we having nothing else to offer."

It might be a good idea,if you have proof that they do have all of your evidence.

I got the impression you had requested a DRO review...maybe I got that wrong.

Did you fully rebutt the way the denial was worded with this evidence you mentioned?

I worked my husband's claims too.Arent wives GREAT! I commend your wife for her help.

Are you able to scan and post the Reasons and Basis in the denial here? Just cover the identifying stuff when you scan it.

One thing-I sure hope others chime in here.

I went to the Fully Developed claim stuff at the VA as I felt the claim I wrote this week was fully developed and I felt I had dynamite evidence and a 'as likely as not" statement from a VA doctor- that was 15 years old but that time lag doesn't matter (1151 claim)

As a widow however,I learned I cannot use the FDC process and it seemed to me to be only for newly filed 21-526 issues so I mailed the claim Priority with tracking slip and enclosed 6 documents as evidence.

We have other FDC ers here so I hope they advise here too as to whether you should ask them to adjudicate because they have all of your evidence.

The FDC VA modus operanda might be different from the regular claims process ....probably not but I am not sure at all.

Then again I assume you got a VCAA letter and provided to VA to the best of your ability, everything the VCAA letter asked for.

I also assume you signed and sent them the VCAA response form.

Edited September 21, 2012 by Berta

[Hoppy]

I am usign this as evidence as well along with some buddy’s letters stating it was expected that the 432nd FMS would help with security.

What was expected does not put you there. I would give them a more definitive statement that puts you there.

When advancing my claim related to chemical exposure the DRO did an extensive investigation of what was available to him in documentation available from the military. I have read BVA claims where the VA actually found their own witness's who were knowledgably of the veterans MOS, duty station and time of duty to back up or rebut veterans statements and buddy letters.

With this in mind your statements and buddy letters should be very detailed. I included drawings with specific references to specific rooms that included types of equipment which showed knowledge of the area that would only be available to someone who had been in that area. In your case I would provide specific references identifying characteristics of fences, hills, roads and the appearance of the vegetation. Include a description of the width, color, length and shape of affected areas. Veterans I have talked to about herbicides remember what the dead vegetation looked like. Failure to be specific could be the reason for a denial. And of course the denial will be written in such a way that you have no idea what the rater was looking for. By the way saying it was so long ago you can't remember details would also give rise to the possibility that a rater would say that your memory of being there is not accurate.

According to my very knowledgably SO it is not a question of what you tell them, it is a question if you do not provide them with something they are looking for. He also said they don't tell you what they are looking for. In a recent claim I helped with for a hadit veteran the claim was denied and all that was done to win the claim was provide them with a peer reviewed research study. Did the VA tell the veteran that is what was needed to win the claim on the original denial? NO, however having read similar BVA cases that were awarded based on peer reviewed research I thought it would be a good idea to give them such a study.

Edited September 22, 2012 by Hoppy

[Berta]

Great stuff Hoppy.

The devils are in the details regarding buddy statements and as you said the more details the better.

I found this buddy statement info fast -have to leave PC , but under a search for Buddy Statements here more will pop up.

from

They can help prove a stressor, an exposure to any type of chemical, symptoms or events that are not documented in SMRs, can come from family members (but usually only good for symptom corroboration) and can help non combat PTSD as well as PTSD claims and many other types of claims.

I always advise that the buddy get the statement Notarized. Banks or even tax offices or a town/ village clerk will do that for free.

Great stuff Hoppy.

[jcolwell]

JC Denail.pdf

[jcolwell]

Pardon my email. I attached and failed to comment before sending. Here we go again with attachment and comment.

Berta and Hoppy , thank you for reading my claim. I have refiled as direct exp for herbicides as jet enigne mechanic and security augmentee in base towers at night.

Jim and PatsyJC Denail.pdf

[Berta]

Sorry but I don't accept emails. Not antisocial, I just dont have time for reading emails about claims.Maybe you meant the reply and pdf file you put here?.

"I am usign this as evidence as well along with some buddies letters stating it was expected that the 432nd FMS would help with security."

Good because it sure wasn't mentioned in the decision.

They need it ASAP -do you have time to respond (within any VA deadline you might gotten) to them with this evidence?

The buddy letters need to conform to the info in those links I posted. The AO directive also has a AO time frame of Thailand service etc.