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

[harleyman]

As far as secondary conditions, The VA has the ability to note the claims file when a veteran files a claim. In many cases they will see other issues that are of a secondary consition and infer those conditions. The Veteran still has to file for those conditions.

The VA in trying to reduce you should understand that with Type 1 diabetes you are never going to improve without a pancreas transplant.

I think they should be spending their time more efficiently and work on reducing the backlog.

We just had a report that the BVA has and increase of 250000 appeals. That means there were 250000 Notice of disagreements. EIther lowballed or denied claims.

Oct 1, the Congressional Veteran affairs committe will conduct a roundtable meeting. Only a select few are getting to see this. A speaker at this event will be Joseph Moore of Bergmann-Moore.

I agree with you J. The problem is, the can of worms is opened and how do we close it. Usually, by showing all secondary conditions that are attributing to the Veteran's disabiliity, helps him get the IU and stay at the 100% money. If you don't claim the conditions, there is no secondary exam, no exam means, no evidence, and the IU is moot and the money is reduced.

Also, I also agree that time is being spent here unnecessarily, but VA employees are not allowed to choose who they will propose to reduce and who they won't. The employees are delgated their work, and held accountable for each assignment. I wish we could make decision based on personal experience and knowledge, but we can't.

We all know appeals are going to sky-rocket. When the VA CHANGED the examination criteria, and stopped schedling exams and began making rating decisions based solely on the evidence of record, there were more denials and more Confimed and Continued ( C&C ) decisions. Then by enclosing the VAF 21-0598, 4 page brochure on hoew to appeal, they were bound to get appeals. I guess when the lightbulb went off as appeals jumped the decision was made not to include that extra form. DUH!

Just an FYI- email came out yesterday that the VA decided to go back to the old (form 9 enclosure) notification regarding appeals, because the new VA Form 21-0958 Appeal form they started using and attaching to the notification letter, was triggering too many appeals. I can only assume they hope that by not including the 0958 in the decisions the number of new NOD and new appeals will be lessened.

Edited September 28, 2013 by harleyman

[carlie]

Greg,

harleyman could not have laid it out any clearer or simpler for you.

It would be in your best interest to concentrate on your evidence of record

and/or additional evidence you have to present.

This is what will win.

Sure, you can approach VBA with - well y'll were supposed to do XYZ and you didn't . . .

This mentality, in your given situation would most likely result in appeals.

Get the medical evidence - give VBA the evidence - and be done with it.

JMHO

[Greg88]

Harley and Carlie, Iguess the bottom line is when my sugar goes low, my wife calls an ambulance and I go to the hospital, it seems like an expensive and foolish way to get a check in the box that the DBQ has, but if that's what they want. It's funny though the thing that has me the most incapacitated is nowhere to be found on the Diabetes DBQ or any DBQ at this point. I'm sorry about that last post Harley, I was so pissed off at the DAV SO, he did not even read my file before seeing me. It's funny though he did tell me the VA pays for DAVs office space, phone, computers, network, it seems like a small conflict of interest going on. Thanks everyone for the input and suggestions.

[jbasser]

Greg, hang in there. Having DMi or II is no fun at all. I am confident you will win. If Harley tells you to do something claims related, dont hesitate. Get it done.

The secondary conditions are already inferred. I hate the fact that they are playing this game so you need to make it a blow out in your favor.

Get busy and get proactive. Dont let them bully you.

And one more thing. Give The wife a Big Hadit Hug for taking care of you.

If you do need an attorney, I would suggest you look at using Bergmann-Moore or Bob Walsh. These folks really get it done.

J

[harleyman]

GREGG88, this has been mentioned before, but I think I should mention one more time. Please, file a claim for IU. The VA is supposed to infer this, but I am not sure they will. Since you have not been employed for a long time, they should still make you IU. But they told you to get your finances in order, so I am not sure where they are coming from on a final rating percentage. File for the IU, then if they deny they have to offer rehab training, which physically you won't be able to do, and then you will go back and reopen a claim for IU again. Unless this ends up in never-neverland in appeals. Still file for the IU. - Harleyman

[Greg88]

Harley, the DAV SO told me because I was at 100% I could not file for IU. I had all my paperwork ready to go for the hearing, but The DAV rep said no I needed to see a diabetic care provider weekly or be hospitalized 3 time in a year.