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So I Received The Proposal To Reduce

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Greg88

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So the VA sent the Proposal to Reduce my Diabetes Type 2 from 100% to 40%, theirs only 1 problem, I don't have Type 2 I have Type 1. I have been at 100% for the last 15.5 years and 60% before that. I used the VA healthcare for 22 years for my diabetes and then switched to my present private Dr. 17 years ago, I continued to use the VA till 2002 or 2003 for my eye checks. When I went to the C&P exam in Sept. 2012, I brought a DBQ for diabetes filled out by my Dr., a letter from my Dr. explaining my condition and present complications, and that in his opinion it was permanent and total (he is the head of Internal medicine for a big NY hospital) the only evidence that was reviewed was the Medical records going back to 2004 that I brought and the DBQ that I brought. I'm writing up the letter for the hearing, I'll bring it down Monday. I guess that battle begins now for real.

Edited by Greg88
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In that letter does it state that you are 100%? Also, as I always tell all veterans, never,, ever, ever, stop VA care. "This is now your fulltime job." Everyone thinks once they start getting the 100% money, that they no longer need to go to the VA, which is wrong. They get paid over $2600 a month, by the VA, so they can at least show up every couple of months, for followup visit(s). Otherwise, someday, the VA might think you're cured and you lose it or have to go thru what you're going thru. jmo

I know you'll win in the end but it could've saved you this hardship.

pr

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Harley, I'm in the process of selling my house (wife and I are downsizing), I cannot find the Rating decision at this point, but I do have the letter that was sent in Jan. 2012 saying that my rating from Jan 1998 was not considered permanent and that the VA might set up a C&P. As PR asked does this letter state you you were currently 100%

I guess I need to see my entire C-file that the VA has on me. YES you need to do an FOIA request for a copy of your entire claims file

The funny thing is the evidence listed on the proposal only showed what I produced ie: Dr.s note, DBQs, and MR from my private Dr. going back to 2006, the VA has requested nothing from any of my private Dr.s. The VA will not request anything from your private doctor or private treatment unless you send the VA a VA Form 21-4142, signed dated and completely filled out indicating your private treatment and ask VA to get the records, otherwise it is up to you to send it into VA.

But from what I'm reading that you wrote that they may not realize that I've been SC for 37 years with Type 1, YOU HAVE NOT BEEN SERVICE CONNECTED at 100% for 37 years, as I stated before you are only service connected since your first rating decision following service and we are only concerned rigt now with h lngth o tieyou have ben 100%..

my claims on Ebenefits always show up as Diabetes mellitus (new), DO NOT PAY ATTENTION TO EBENEFITS IT DOES NOT WORK PROPERLY YET and at this point trying to get DAV to explain anything is pointless. If I would have went to the ER 3 times, I would not be here bothering you guys and girls. You must have had to ahve been hospitalized, just going to the ER is not enough you have to be admitted overnight ,otherwise it is just like going to an URGENT care facility

You need to find your copy of the original letter making you 100% since 1998.Finding that award decision letter may be enough to stop them from reducing you based on one examination finding. Either that or you need for your VSR to request a copy of your 1998 decision letter located in your PAPER claims file, as it may not show up in the computer file since they did the claims file onversion in 2008.'- Harleyman

The 4th paragraph has been edited for length of SC time by VA.

Edited by harleyman
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Actually being brought to an ER is not quite the same as being brought to an urgent care center if you have loss of consciousness, they don't bring you to a urgent care center, you go to an ER and it's still considered an admission by insurance standards and you can sit in an ER for 48 hours for observation so over nite or not the meter is running. Harley they all act like the Diabetes is something new, the 1-800 number, DAV, the RO, after reading what you wrote about the transition over to the new system, a lot was left behind. I asked at the RO for all my decision letters from 1990 on and was told they would have to find my paper file and it could take months. It's funny I'm looking at the USMC decision letter transferring me from TDRL to full retirement in 1978, because of my permanent physical disability, the point I bring up about being SCed for 37 years is that it's all part of the same chain which logically most of the Dr.s see (even the VA) but seems to be broken by a computer input mistake.

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Harley going over the Diabetes DBQ, the form asks how many episodes of hypoglycemia requiring hospitalization (there is nothing about overnite stays), so loss of consciousness, requires being brought to an emergency room and emergency treatment, so under the guidelines I should be OK.

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I cannot use lawyer until they reduce, so I'm still at 100% until March 1st, 2014, when we go through the C&P game again (unless somebody looks at the old paper work and decides my case).

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