diabetes How to file unadjudicated claim.

[syne7]

I was medically discharged from the army in 1997.  I got SC 10% for Asthma & SC 0% for limitations of motion in left ankle.

I never appealed or filed a NOD. 

In 1998 I was diagnosed with diabetes t2.  A few years later friends mentioned I should go to the VA and see if my diabetes was service connected.

I called the VA and they told me to send them a letter.  I sent the following (which was part of my c-file in September).

This is what I sent (Stamped received 5/7/01 in my file and they never replied to me:

((VA Waco Office Adress))

Hello,

I would like to ask that my claim for service connected disability be re-opened.  I have recently been diagnosed with diabetes.  I would like to request that my service medical records be examined, specifically blood tests etc... that may show a high glucose level in my blood or other indications of diabetes.  My intent is to see if perhaps I may have developed this condition while I was in the military and apply for the appropriate level of VA benefits. 

Here is my administrative info:

XXXXXXXX
xxxxxxxxxx

My VA file number is XXX-XXX-XXXX

My current Doctor is:

((Name address and contact info for doc with phone))

Thanks in advance for your help and consideration.

 

Does this look like I have an adjudicated claim?

I am filing for upgrades and other new stuff in an FDC.  Do I just include this and summary declaring an adjudicated claim?

 

THanks

 

[Berta]

I helped a diabetes vet locally who went to the CAVC twice. His vet rep asked me to help him while the same rep was screwing up my claim.

They finally awarded him SC for it.

I proved he had symptoms of diabetes in service. The SMRs were hard to read but no one...not even his socalled lawyers took the time to figure the SMRs out. They said in the Mil that he had VD. It was diabetes. His vet rep sure didn't read his SMRs either.

But his private doctor, after he read the info I had found in the SMRs immediately gave him a brief but very strong IMO.After MANY years he finally got SC for diabetes.

Buddy statements can help. He had none.

The private doctor is a well known endocrinogist and got mad at me because I had printed off his credentials from healthgrades for the vet to send to the VA.He thought at first that the vet himself had printed them off but I assured him or the vet did, that VA is not vet friendly in many cases, and he had to show them his private doctor's credentials far outweighed their lousy C & P doctors bull crap.

[syne7]

14 minutes ago, Berta said:

Buddy statements can help. He had none.

The private doctor is a well known endocrinogist and got mad at me because I had printed off his credentials from healthgrades for the vet to send to the VA.He thought at first that the vet himself had printed them off but I assured him or the vet did, that VA is not vet friendly in many cases, and he had to show them his private doctor's credentials far outweighed their lousy C & P doctors bull crap.

Berta,

Is there any way we could communicate directly?  I am in a pickle.  The VA just discovered the claim was never adjudicated and called me today to say they opened a claim dated 4/15/2001.  They said I have 30 days to provide evidence.  I have an IMO pending, and some buddy letters.  However, they said this is high priority since its open since 2001.  I'd like some advice on how to make present the best items I can since they did not gather my med records in 2001 when I pointed them to my doctor and they are gone now as I didn't keep them and haven't use the doctors in 15 years.  I'd be happy to send you my contact info.

While this is a significant back claim.  It's not enough money to warrant any real help from a lawyer.  many don't want to talk to me since I am working and not 100%. 

Any help would be greatly appreciated.

[ketchup56]

Push come to shove send them the evidence you have (buddy letters)and do this yesterday..Va will not hold firm to that 30 day crap..They probably already have made a decision already based on the evidence already on file. After then you'll have 1 year to NOD that decision..The main thing is to preserve that earlier effective date of 2001...   Can't understand why the va always wants to skimp on securing medical records FOR veterans (private records included) when by stature it's a Duty to Assist requirement if requested by the veteran....Glad to hear they are honoring the earlier submitted 2001 claim. The claim is now in your court for serve...     Just Saying....

 

 

[ketchup56]

Did you leave service between 3/1997 and 3/1998 ? If so the 1 year presumption should definitely apply being you were diagnosed within that year and you currently are being treated. Also va regulation requires SYMPTOMS not TREATMENT in case they try the no treatment for many years crap they sometimes try to use as a denial. You probably most likely had  some of the same symptoms you're having now in service, however in case your service medical records are negative on those blood work performed in service you still have the symptoms in service along with an diagnosis/symptoms  within 1 year of leaving service.  You'll win it's just a matter of when .....JMHO

[syne7]

I agree.  However, I don't have the medical records from that period and the VA did not collect them when I asked in 2001.  No looking at it in 2016, is just a tough sell.

Since they did not gather the medical records for the VCAA, will someone eventually weigh the lay evidence more heavily?