diabetes Question - VA Evaluation of Medical Records

[green]

I don't really know where to post this question but I want to present my situation and ask how it could play out.

• Veteran is medically discharged out of service for diabetes, service connected, rated at 20%.
• 5 years after initial rating, veteran asks for secondary rating of peripheral neuropathy, cursory exam, denied due to supposed lack of evidence.
• 11 years after initial rating veteran asks for reevaluation of primary disability, submits request for secondary rating of peripheral neuropathy and ED.  Veteran awarded increase in primary rating of diabetes under the existing (at that time) rating schedule.  Basis for 60% met, criteria requires secondary conditions that are not due their own rating.  Basis for 100% criteria requires secondary conditions that could be rated separately.  Veteran is denied peripheral neuropathy and ED based on supposed lack of evidence.  The decision provided to the vet does not include rights in terms of appeal or disagreement.
• 2 years following the increase in rating the VA changes diabetes rating criteria to include hospitalizations for the 60% and 100% ratings, veteran does not receive a reevaluation for the 20+ years the increased rating is in effect.
• 20+ years after increase in primary increase the veteran files a FDC for secondary conditions related to peripheral neuropathy, autonomic neuropathy, diabetic retinopathy and ED.  This time vet seeks C&P for PN outside VA, has a Nerve Conduction Study that proves PN exists, and provides records to the VA.  The VA conducts C&P exams on all conditions claimed and concurs that there is a greater than 50% chance conditions are due to primary disability and C&P exam indicates moderate severity on contentions related to neuropathy.
• VA requests records from States the veteran hasn't lived in for 20+ years but did have records related to previous claims and denials.

I realize there is a lot here, I'm still trying to figure out why a FDC is taking so long for the VA to make a determination.

 

Thank you!

Green

[Navy4life]

When was the FDC filed?

C&P exams sound favorable! 

Do you believe all evidence is before the VA?  if so you click, decide my claim on Ebeenie's.  I did that and had an answer within 3 weeks.

Edited February 12, 2016 by Navy4life

[Berta]

Navy4 life asked my question too...is all of the evidence before the VA?

Try the ebennies suggestion.

It sounds like a very favorable C & P exam!

[green]

The FDC was submitted 205 days ago, the intent to file started in November of 2014.  And yes, all evidence has been provided to the VA.  I hit the decide now button 60 days ago but made no difference.  According to Peggy they are waiting on medical records from Oregon that are 22 - 32 years old.

[Navy4life]

Green;

Not sure why they are requesting those records.  Did you ask why?  Is it related to the claimed contention?

I wonder if what is said in this article holds weight...

http://www.militarytimes.com/story/military/benefits/veterans/2015/04/20/lawsuit-va-medical-records/26064545/

According to the article, VA rules that state the department must provide an explanation if the records can't be supplied within 20 days.

I've been waiting for a 1-1/2 for mine!

 

[green]

This is the explanation IRIS provided:

Although your claim was submitted as a fully developed claim (FDC) the regional office (RO) is still required to obtain any evidence, on your behalf, they deem necessary in making a correct decision on the claim.

Your records from Oregon were first requested on November 18; however, the fax request was not received from the RO. The RO again requested the records on December 22, 2015. The VA medical center indicated it could take up to 10 weeks to provide these to the RO.
 

[Navy4life]

Green;

I feel your pain...I just submitted online through the National Archives to provide me with an update on both my requests for records I submitted to no avail...Thank God I save everything so I could request online for an update!