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

[john999]

When and if you get official reduction then you file NOD and hire lawyer. I would not fool around after the NOD. Get a lawyer. You have the right and I would use it unless you are 100% clear and confident you can win on your own.

[harleyman]

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.

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.

I have thought about your case alot recently. I post on Hadit to help Veterans with their claims. I do not feel comfortable reading about you becoming unconscious and being brought to the emergency room, in order to save a 100% rating, rather than file for your secondary conditions and get a rating of 100% TDIU listing multiple conditions as seondary to your diabetes.

Although it does not apply to you, I am not in favor of a Veteran NOT taking the blood pressure medication in order to get a 10% rating for hypertension becuase his blood pressure readings are high, because he didn't take his meds. However, your telling me you plan on being taken to the hospital in an unconsciuos state is the same metality. To risk your life and wellbeing for a VA disability rating is not something I am willing to be a part of.

I am willing to help you and direct you in what evidence needs to be presented in support of your case (which I have already done), and what paperwork or claims you need to file (which has already been done). You have decided not to follow that advise. Therefore,since you decided not to file for the secondary conditions, and do not have a plan in place to find your rating decision that shows you were 100% in 1998, then I am not able to help you any further. You have been advised what things need to be done. I know you understand what needs to be done, but to say you would rather be hospitalized, than support your clalm under the current VA 38 CFR based on your current symptoms. This is not aceptable in claims processing, I am not able to advise you when you devulge such a scheme and frankly, it makes no since to me.

Therefore, I have decided not to advise any further on your claim. I feel your attempt to refrain from medical protocol and accepted medical treatment (which over the past year has kept you out of the emergency room) to now allow yourself refrain from care to get the number of hospitalizations necessary for a 100% for Diabetes per the 38 CFR, makes no sense to me, nor is it something I am comfortable with. - Harleyman

[carlie]

I have thought about your case alot recently. I post on Hadit to help Veterans with their claims. I do not feel comfortable reading about you becoming unconscious and being brought to the emergency room, in order to save a 100% rating, rather than file for your secondary conditions and get a rating of 100% TDIU listing multiple conditions as seondary to your diabetes.

Although it does not apply to you, I am not in favor of a Veteran NOT taking the blood pressure medication in order to get a 10% rating for hypertension becuase his blood pressure readings are high, because he didn't take his meds. However, your telling me you plan on being taken to the hospital in an unconsciuos state is the same metality. To risk your life and wellbeing for a VA disability rating is not something I am willing to be a part of.

I am willing to help you and direct you in what evidence needs to be presented in support of your case (which I have already done), and what paperwork or claims you need to file (which has already been done). You have decided not to follow that advise. Therefore,since you decided not to file for the secondary conditions, and do not have a plan in place to find your rating decision that shows you were 100% in 1998, then I am not able to help you any further. You have been advised what things need to be done. I know you understand what needs to be done, but to say you would rather be hospitalized, than support your clalm under the current VA 38 CFR based on your current symptoms. This is not aceptable in claims processing, I am not able to advise you when you devulge such a scheme and frankly, it makes no since to me.

Therefore, I have decided not to advise any further on your claim. I feel your attempt to refrain from medical protocol and accepted medical treatment (which over the past year has kept you out of the emergency room) to now allow yourself refrain from care to get the number of hospitalizations necessary for a 100% for Diabetes per the 38 CFR, makes no sense to me, nor is it something I am comfortable with. - Harleyman

Ditto