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]

It might be premature to file for IU since you are not yet reduced. They would not have to open a claim for that since technically you are still at 100%.

However, if you send in the form and tell them... if they decide to reduce you want a claim for IU as of the date of the reduction, then it may force them to look at the IU sooner rather than later.

When you went for the hearing and they were talking about reducing to 70%, did they even discuss IU? As you indicated you have not worked for many many years.

It might be premature to send the IU form in, but ya know, I would still fill it out with a letter that states..."in the event they reduce your current rating, you want a claim filed at that time for them to consider IU". ( I believe there is still a possibility they are going to consider IU anyway if they follow through with the reduction. I still question if they will continue with the actual reduction, at 70% without a grant of IU. It does not make sense to me, for them not to award IU, based on your work history and the disease process of type 1 diabetes. I would send in the form based on what I wrote above by US Mail and skip your SO involvement for this aspect.

I think it would force them to look at IU at the time of any reduction. However, to tell you they are going to reduce you to 70% and not include IU is mind boggling to me. I don't see them making you 70% and not IU, you have no work history. Do they think you can go to VOC REHAB? I am still frustrated with this action on the part of VA, as it's been related here on the forum. I'd send in the form asking for the claim to be effective the day they reduce your award, if in fact they reduce.- IMO

Edited September 29, 2013 by harleyman

[Greg88]

Harley, I used up Voc Rehab in the 80's, I never got to the hearing, the DAV SO, told me to sign a form saying to skip the hearing and delay things six months and in that six months see a diabetes care weekly or be hospitalized. During the meeting with the SO, he kept going back to the reason that since I've only been 100% since 2007 I had no protected rights and the VA could reduce with 1 exam. So most of the back and forth was me saying "no I've been 100% since 1998" and him saying "well it says here pointing to the computer screen 2007" It make's me wonder does the rater know the actual date, if the screen is telling him or her 2007. Another question Harley, how do I present evidence on the Autonomic Neuropathy, theres no DBQ for it, my Dr.s notes cover it in detail, but they seem to ignore it because theirs no box for it. The things is if you have Type 1 or 2 for longer than 15 years, you probably have it.

Edited September 29, 2013 by Greg88

[harleyman]

Greg88- the rater may not not be able to tell from the computer screen he was looking at when you were service connected at 100%.

The reason he may not be able to tell is because back in 2007, 2008 range, the VA went from the VBN program to the VETSNET program. The VA switched over to Vetsnet and sometimes they just transferred the Veteran's current service connected information into Vetsnet without backfilling the all the previous rating decisions for s/c and nsc prior to the VEtsnet conversion.

Alot of VSO's do not understand this, and quite frankly alot of RVSRs do not understand this conversion process. If they are looking at Vetsnet they may not be able to see the previous ratings decisions and thier effective dates in the system, as the system shows the conversion date and not the rating date. (i really hope this makes since).

Another question Harley, how do I present evidence on the Autonomic Neuropathy, theres no DBQ for it, my Dr.s notes cover it in detail, but they seem to ignore it because theirs no box for it. The things is if you have Type 1 or 2 for longer than 15 years, you probably have it. You need to claim it. Then the VA will have to order an exam, the exam will not necessarily have a DBQ, since there is no DBQ, and the examiner will have to do a dictated report like in the old days. The rater will have to rate it in a trasitional rating. But first you need to claim it. Send in a 21-4138 and claim it as secondary to TYPE 1 diabetes.

GREGG88, did they bring the paper file with them to the spot /hearing (whatever) the morning you met with them and the VSO? Do you still have your copy of th award and decision letter showing when you got your 100% for diabetes?

Edited September 29, 2013 by harleyman

[Greg88]

Harley, the DAV SO had nothing on me,he did not know I had diabetes and seemed completely disinterested, he just kept referring to the computer screen and did not have my paper file. DAV got me my increase from 40-60% in 1995 and then to 100% in 97-98, so they had an extensive file on me, where it is now only god knows at this point. The things is for me to end up in the ER for hypoglycemia is not hard, I try to keep tight control one of the complications of tight control is hypoglycemia so instead of giving me a shot of Glucagon, my wife just calls the ambulance. Harley at this point with diabetes becoming so prevalent in VA claims, shouldn't they have a small team working on diabetes claims, on the medical side they used to have excellent diabetes research at the Bronx VA.

[harleyman]

The VA RO does have multiple teams doing Diabetes claims. At our RO the diabetes claims are worked on the CORE team as well as all IU claims.

Do you have your rating decision that the VA sent to you, granting 100% service connected in 1998?

[Greg88]

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. I guess I need to see my entire C-file that the VA has on me. 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. 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, my claims on Ebenefits always show up as Diabetes mellitus (new), 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.