diabetes So I Received The Proposal To Reduce

[Greg88]

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 July 26, 2013 by Greg88

[stillhere]

I am confused? If he has been at 100% for 15.5 years isn't his % protected at that point?

[BakerGeckos]

no only SC is protected but % is only protected after holding it for 20 years..

[jbasser]

They cannot reduce you based on 1 exam.

How many shots are you taking per day?

J

[Greg88]

Actually I do not have Type 2 I have TYPE 1, I was at 40% from 1976 till 1996 when I went to 60% and up to a 100% in Jan.1998. I had my C&P in Nov. 1997 and was at 100% 6 weeks later because I had Type 1 diabetes, if you look at the rating s for 100%, note 1 at the bottom clearly states :

Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a 100 percent evaluation. Noncompensable complications are considered part of the diabetic process under diagnostic code 7913

I take 7 shots a day, I'm on a restricted diet that is brutal to most people, I test my BS 12 times a day, I'm restricted from work and most other things because of the peripheral and autonomic neuropathy, my way of dealing with my hypoglycemia requires hospitalaztions 2-3 times a year, and the strength and loss of weight were covered in the C&P. The proposal to reduce only looked at the C&P exam, the evidence I presented, and that was it, this is from the evidence shown on the proposal, no looking at the all the years of medical evidence from 1976 to 1997 actually 2002 that the VA had accumulated as they were my only medical providers then.

My proposal is loaded with errors, the proposal itself is illegal according to the CFR rules, if they went to a civilian court with this they would be laughed out, it really is deplorable how they treat the veterans. When I was down at the VA to visit my VSO at DAV, there were 5 or 6 men there in their 60s, with proposals to reduce, everyone had shown up because the proposal had reduced their payments (it's to late then, you have 30 days to request a hearing and 60 days to present evidence, strange how their so tight with time when their making most of the mistakes and so free with ours when deciding our claims)

I guess that people realize that I'm a little bitter about this, maybe it's because if one talks to a licensed medical professional about diabetes Type 1 and Type 2, there is no confusion about mixing them up, they are both bad, but it's two different ends of the diabetes spectrum, bad and much much worse. The problem is as I stated earlier Type 1s have been lost in the crowd, there were no where near the amount of type 2s around like they are today when I was diagnosed. Just look how many times I've written I'm Type 1 in the the previous posts and people still say I have Type 2.

Edited August 22, 2013 by Greg88

[jbasser]

The rating schedule does not separate type i and 2.

You meet the criteria as you are taking 6 shops per day.

Your service connection is protected as it has been in effect since 1976.

Are you using the VA or are you using prtivate care?

You may want to get an attorney. NOD the reduction and ask for a hearing and do this right now.

J

[Berta]

“My proposal is loaded with errors, the proposal itself is illegal according to the CFR rules, if they went to a civilian court with this they would be laughed out, “

I have been saying that for years, we claimants have No discovery rights and the C & Ps ,in my opinion, are a conflict of interest scenario.

I sure wish we could file our claims in civil courts.

You stated:

“But one interesting thing the that the NP had said yes that the DM does affect my ability to work under the Functioning questions. “

Even though they got the Diabetes Type one mixed up with diabetes mellitus, maybe you should whip out a TDIU form when you get that hearing with the DRO.

In your first post you stated:

“ the only evidence that was reviewed was the Medical records going back to 2004 that I brought and the DBQ that I brought. “ and

“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.”......

Is that private doc's DBQ and the letter listed as eviodence ion the proposed reduction?

Would your private doctor consider writing a formal IMO?

The IMO criteria he needs is here in our IMO forum.

That IMO can cover all secondaries you have (and need to claim) and if the doc feels the Diabetes Type 1 prevents you from working he needs to state that (for the TDIU claim) with a full medical rationale.

This stuff makes me sick...... and often the only answer to proposed reduction crap , comes from a real doctor, providing the VA with an IMO that outweighs the credentials of their opining docs, and provides a rational medical explanation that defeats their DBQ and C & P opinions and in your case

will enlighten the VA of the proper diagnosis of your condition..

This stuff makes me LIVID:

“ When I was down at the VA to visit my VSO at DAV, there were 5 or 6 men there in their 60s, with proposals to reduce, everyone had shown up because the proposal had reduced their payments (it's to late then, you have 30 days to request a hearing and 60 days to present evidence, strange how their so tight with time when their making most of the mistakes and so free with ours when deciding our claims) “

Yeah, it all boils down to money...and is not unlike the way the Mil is trying to 'OTH' out newly discharged men and women who have disabilities from their service. Or find some Article 15 crapola so they cannot re enlist or reach their retirement date,if they are lifers.

Fox news mentioned a new movie coming out this AM about Vets with PTSD. I couldnt catch the name of the movie but apparently the two actors at Fox think it will enlighten the public more about PTSD.

The Mil needs the enlightenment. They are confusing real inservice symptoms of PTSD and/or TBI with discipline problems and/or willful misconduct..