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.

[Berta]

That is great news on the records and I hope the other records come soon!

Are you still employed (sorry if I asked that before)

I am sure your attorney would mention TDIU if you are not employed...and would consider already how the claim could warrant TDIU consideration if you hit 70% and are not employed.

"I had a discussion with an attorney today who specializes in VA compensation claims and he told me I have a solid case. He suggested that as I've had these secondary conditions noted in my medical files for years that I provide the older records as I may be entitled to back pay. We will see."

I think he means a potential CUE possibility.

If these conditions were rated at least at 10% NSC in past rating decisions, then become SC in a future rating decision, there might be possibility of CUE there....based on the established medical evidence in VA's possession at time of decision that contains the alleged CUE.

It is sort of putting the cart ahead of the donkey at this point, re: discussing CUE and TDIU, but I sure love lawyers who think ahead.

[broncovet]

Green

Lawyering up, is probably a good idea, based on the assumption you were denied at the BVA. Would you mind sharing the name of your attorney, as other Vets are likewise considering also hiring a lawyer.

One problem is the Ken Carpenter's and Bergman and Moore law firms are so busy with Vets cases that its hard to even speak to them about your case. These both have a good reputation, especially the Kenster.

Edited December 9, 2014 by broncovet

[green]

My discussions with the attorney were geared towards an independent view of my claim. I have not been denied and as such I do not have the ability to hire an attorney to represent me. So I've broken the process down to the following steps:

Gather all evidence of secondary conditions

Seek additional medical opinions outside the VA where the VA evidence is less than overwhelming

Put together and process an expedited claim

Wait for the decision

If they deny I will review and submit further evidence with the help of an attorney.

Berta, I have worked to this point but my issues are making it much more difficult. I'm eligible for retirement in about 3 years so I'm really trying to hit that date. If I can't, I'll file for unemployability due to disability (given my issues it would be a logical decision to approve, my thought anyway).

I'm hoping to submit all the paperwork by the beginning of the calendar year.

Green

[Buck52]

Welcome Marine! & Thank you for your service.

[green]

Thank you Britton

[Gastone]

Green: If you haven't already done so, Start your VONAP claim to lock in your claim date. Once locked in, your good for 364 days to complete the actual filing. If you get all your medical evidence together, file an FDC. It recently took me (4) months to get a secondary SC'd. Do you really need a lawyer at this point, possibly not? As it stands right now, you don't have a secondary claim pending with a possible large Reto waiting, do you? If you haven't received a Claim Denial and there isn't a large retro payment in the offing, might be very difficult to get a VA Attorney for 20% of not very much. Give the VONAP & FDC a try, if it works, go for IU. When you get into IU claims, the Reto gets fairly large. You have to remember, most attorneys charge about $150.00 per hr normally. Hard for them to sign on at 20% of a low retro award that might take a large number of billable hrs.

As for some of your about to be Claimed Secondary Conditions being eligible for Back Pay (Retro), might be tuff. Generally the file date of the claim unless it qualifiys for the 12 month look back. It sounds that these different conditions all presented since your original claim was awarded. No mention of BVA Appeal with any of your secondary issues, right. I could be wrong but it appears that your original claim was awarded and became final after the 1 year appeal period. Then at some time post original award it was increased due to your request for an increase. That award also became final after the 1 year appeal period. If you never claimed these secondary conditions, I believe your award date will be your File Date of your NEW Secondary Issue 2014. The Award will be based on the Claim Filing Date 2014 not the DX date???? of the condition. I was DX'd CAD 2006, filed Claim 07/2008, denied then Nehmered 2011 back to original claim date of 2008. Get your claim filed, let the VA figure out the rest.

Semper Fi

Gastone