Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

50 per cent disability

Rate this question


redmitch

Question

Just a short note to announce that I received my "brown envelope" accompanied by a retro check dating back to May, 2015 and was awarded a 50 per cent disability mainly for diabetes related to AO and lower legs peripheral neuropathy.  Also I filed a CUE about two weeks ago with my VSO on a claim that was denied for diabetes in  2011 and due to the currrent claim containing very valuable buddy letters proving I was in vietnam  proving this nexus I am awaiting the brown envelope and hopefully will receive a positive decision for diabetes back to 1/11 with a retro check and possibly, just guessing here, a 30 percent disability  (combined with an old dib for tinnitus.) Anyway if you were in country and are getting discouraged that you cannot find proof please don't give up and search the web because there is help out there!

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0

Good News....yes proof CAN be found.

Don't forget...CUE depends on what they knew and when they knew it.

Did the VA know of these buddy letters in 2011?

Was the 2011 denial based on lack of proof of incountry service?

Was the award you got due to a re-open of the 2011 claim?

I am curious what legal error the VSO felt they made.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

I currently have been awarded 60% for Diabetes Mellitus type II for lower leg below the knee Peripheral neuropathy which I am asking for reconsideration.  The original award 4/16 also included 10% cataracts related to diabetes and the already awarded 10% for tinnitus. I recently learned I have sleep apnea that the DR said was related to diabetes mellitus type II.  the E-benefits site is asking for an opinion/documentation from a Dr stating this was related to exposure to a dioxin.  I sent them a letter stating the sleep apnea is SECONDARY to diabetes and the diabetes already has a NEXUS to my service in Vietnam which  assumes exposure to a dioxin (agent orange).  does anyone know why they couldn't connect the dots from the already adjudication claim to this new issue?  Do I have to  definitely prove sleep apnea is connected to diabetes by way of a Dr's opinion or can I provide researched internet documentation?  Finally when I sent the claim in it was considered a duplicate and it bumped my peripheral neuropathy back to October from this month and somehow they think I am asking for an increase on my Diabetes which is already rated only 10% because I am not currently on medication.  I have a C&P for diabetes scheduled Friday so I decided to just go and maybe by some miracle they will give me an increase because of the neuropathy and sleep apnea - who knows or as we say in Vietnamese "ai biet"!

 

Link to comment
Share on other sites

  • 0

Great news good luck with the Cue they like to pull the i didn't know that at the time card make sure you show them what they ignored and are the letters dated or just chicken scratch 

Link to comment
Share on other sites

  • 0

I am familiar with 'ai cũng biết

Vietnamese for “well known”

So I think ai biet means ‘"who knows” ????

 "I recently learned I have sleep apnea that the DR said was related to diabetes mellitus type II."

Did the doctor document that at all in your medical records?

If not maybe they would be willing to prepare a DBQ with a full medical rationale,.

 "Do I have to  definitely prove sleep apnea is connected to diabetes by way of a Dr's opinion or can I provide researched internet documentation? "

Good medical research can help but this is something they would want from a doctor to support their medical rationale as to the Secondary SA.

“does anyone know why they couldn't connect the dots from the already adjudication claim to this new issues?”

Because they need a doctor to state it as secondary, to justify their decision.

And because as obvious as some secondarys are, the VA is also dinky dau sometimes.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use