diabetes Claim Changed By Va?

[tom91]

BACKGROUND

I currently have two claims in with the VA -

1) Claim for increase on herniated nucleus pulposis, right knee, and addition of left knee. Left knee denied previously for svc connected.

2) New claim for cervical spine and thoracic spine conditions.

Appeal is approaching 5 years from original filing (no surprise). It was remanded with my C&P March 2012. Notes on account and letter for 2nd claim indicate they maybe near a decision (hope).

Received letter today regarding 2nd claim advising 'your herniated nucleous pulposis (now claimed as thoracic spine condition) is on apeal and will be addressed in seperate correspondence.' It appears the VA has recognized my condition has worsened and revised my condition.

THe letter further advises that based upon my letter to support 2nd claim, they have added 3 additional conditions to my claim - diabetes, stinging in arms-fingers-hands, and numbness in feet.

QUESTION/OPINION PLEASE!

1) Do you think this is a promising sign for my appeal?

2) Is it feasible to claim diabetes as secondary to my back condition, given the fact that I cannot exercise, etc.?

3) As to numbness, it is recorded in my VA medical files reference to radiculopathy, myelopathy, spondylosis. It would seem feasible this is another opportunity for secondary condition(s).

Any feedback would be appreciated.

FYI - THere are also indications that veteran is not capable to work (marked yes, unable)....

[Berta]

Yow Tom, that is interesting...

QUESTION/OPINION PLEASE!

1)" Do you think this is a promising sign for my appeal?"

"Received letter today regarding 2nd claim advising 'your herniated
nucleous pulposis (now claimed as thoracic spine condition) is on apeal
and will be addressed in seperate correspondence.' It appears the VA has
recognized my condition has worsened and revised my condition."

If there is anything in that letter that indicates they 'appear' to have seen evidence of further disability -then Yes, this might be a good sign.

2) Is it feasible to claim diabetes as secondary to my back condition, given the fact that I cannot exercise, etc.?

Were you incountry Vietnam...sorry I forget... If not the VA needs strong medical evidence of anything that is claimed as secondary to anything else.

Your diabetes can be claimed as aggravated by the SCs,possibly, however.....not enough info here to really guess on that.

3) As to numbness, it is recorded in my VA medical files reference to
radiculopathy, myelopathy, spondylosis. It would seem feasible this is
another opportunity for secondary condition(s).

Absolutely. They too would need a strong medical nexus statement with a full medical rationale.

"FYI - THere are also indications that veteran is not capable to work (marked yes, unable"

I assume the VA will inclose a TDIU form with their next decision, which hopeully wont take too much longer to arrive.

Do you get SSDI benefits? If so are they for solely SC or what could become SC disabilities?

Do you have a copy of the C & P results and if so, can you scan and attach it here? Cover the personal identifying stuff)

Edited February 15, 2013 by Berta

[meghp0405]

I agree with what Berta said above. Is what I would like to add is, don't read in to anything what you received. This sounds promising for you, but before celebrating, wait until you receive your Rating Decision. I have seen to many vets that had high hopes only to be let down with the RD.