diabetes Filing For Secondaries, Questions

[green]

I've had a diagnosed and rated condition (diabetes) for 20 years and am preparing to file for the following secondary conditions:

peripheral neuropathy, diabetic retinopathy, autonomic neuropathy, and impotence.

 

I sent in a request for my records from two hospitals a couple weeks ago. I'm hoping that since all my appointments aren't documented on myhealthevet that the facilities might have hard copies. The records span 3 years in DC and 9 years (previous) in another State does anyone have an idea of how long this process takes?

Another question related to documentation for a condition, I copied the following out of my VA records, can you tell me if it will be accepted as a diagnosis (please note the comments in bold)

 

The process of medication reconciliation was completed during today's visit. The veteran's current medications (including non-VA medications and any changes made today) were reviewed with the patient and/or caregiver. A written list was offered and/or provided. Assessment:5 2 yo male with type I DM on insulin pump presents with 12 yr history of water diarrhea, colonoscopy done with no colitis or microcolitis, normal biopsy. Celiac workup neg, cultures neg. Gastroneuropathy or "diabetic gut" suspected. ManagEment of symptoms is key.

Recommendation: Start with loperamide 2mg take one in am, and then one after each loose stool for maximum of 8 a day. Cholestriamine unlikely to help and no need to continue. DR’s Name,  Signed: 04/22/2013 / Doctor Somethin,MD, ATTENDING PHYSICIAN, GASTROENTEROLOGY, HEPATOLOGY

ADDENDUM  saw and examined Mr. Green and discussed his symptoms with him in detail. He is a 52 year old with 30 yr history of type I DM and longstanding diarrhea, 5-6 watery BM/day with fecal incontinence occasionally at night. Colonoscopy was negative for microscopic colitis. No evidence of bacterial overgrowth or infection. We discussed the management of diabetic intestinal neuropathy which is the likely diagnosis here. He will take loperamide as described, and if not effective, we can make further adjust

 

Thank you so much for your help

Edited August 26, 2015 by green
too easy for VA to figure out who I am given the information provided.

[green]

Gastone, does filing a VONAP create a problem for me filing an expedited claim? If I understand your advice correctly, a VONAP simply creates a date placeholder for my complete claim, which will be filed at a later date?

Your assumptions are correct, I was discharged at 20% (1 primary condition) in 83, this award was later increased to 60% in 2014, I recently hit the 20-year mark on this claim. I have evidence in my medical files for secondary conditions for probably 13 or 14 years now. I, like you, assume that the claim date and the back-pay date will be the date of filing rather than the dates of diagnosis in my files.

If this is the case, I don't have a retro waiting. The VA attorney does work for 20% of the pending award/back pay, I don't think this will be an direction I'll go unless I'm denied a rating or until I file for 100% when I'm unable to continue working.

[Gastone]

Green: The VONAP online filing at your E Ben site takes the place of the old "Notice of intent to file claim" from the not so far, way back. You can start your claim and as long as you don't hit the SUBMIT button, it's there for you to work on until your ready to file, within the 364 days from the start. You'll get periodic reminders that the claim is pending completion. At any time that you think you have all your Medical Evidence together, you can scan it to PDF and attach up to (5) or so PDFs to your claim. The main thing, you locked in your file date as the date you began the VONAP claim.

I've had 2 FDC's from early 2014 that were addressed and resulted in a Secondary SC Award in about 5 months. Beats the hell out of the 11/2yr wait time on my 2008 award/denial decision. Keep in mind, your FDC stays an FDC unless the Evidence Section or the Rater decides more evidence is necessary. If that were to happen, your FDC becomes a RAC "Regxxxclaim" with the long wait time. While your jerking around with this FDC, start researching IU. As soon as you get an IU Claim Inferred notification, jump on the filing, it's not an automatic award.

Semper Fi

Gastone

[Gastone]

Green: What prompted the 2014 award to 60%? Did you file a claim and if so when? That award is still alive and not final for 1 yr from the award date. If you get your FDC filed before the 1 Yr date from that award, I think there could be a strong possibility for your Secondarys to be rated back to what ever date your request for increase was made. If the Medical Evidence pertaining to these secondary issues was not in your Med File or your CFile, I think this would qualify as "New & Material Evidence" and trigger a VARO automatic review of your recently received award. Any time a Vet files a claim or asks for an increase, the VA is supposed to look at your request as if your asking for everything you could possibly be awarded, even if you don't claim a condition that your records indicate your DX'd with. Your not a Dr or a rater, the Vet gets the benefit of doubt. Might work! Get Hot.

Semper Fi

Gastone

[green]

My 60% award resulted from my request to have it rated again. This took place over 20 years ago so I believe it is now protected by the 20-year rule. The secondary conditions have been noted in my VA medical records for years. I didn't want to file them because I was worried they might re-rate my primary condition with the new rules as there was a change in my primary rating conditions 12 years ago. So, after I hit the 20-year mark I started this process to seek rating on my secondary conditions.

[green]

Can someone tell me what the difference is between starting a claim (and not submitting) on ebenefits using the VA Form 21-526-EZ versus filing a claim using the VONAP?

Thank you,

Green

[green]

Broncovet

The attorney I spoke to has the following contact information:

Art Gage Law

Attorney

2573 N 1st Ave, Tucson, AZ 85719

(520) 881-8300

http://www.artgagelaw.com/