diabetes Need advice

[treysnonna]

Ok my husband has Ann appeal in since11/12 for chronic renal failure secondary to diabetes.  There is a new claim in ebenifits, which we did not do.  It is saying for cornary heart disease RFE.  I'm assuming that means renal failur evaluation.  So I'm assuming again they are going to try and approve it asso with the heart disease.  We put in  for the heart disease 7/14.  He was diagnosed with diabetic nephropathy by his private nephrologist.  What are they trying to do?  The appeal is still up.  We have not gotten anything from them.  No docket no etc.  but he would loose a lot of back pay is what I'm thinking.  Any thoughts ?  From anyone. 

 

[Berta]

I think my  646 advice was wrong since you do have the BVA docket number.

If you obtain an IMO/IME (which I think you will definitely need) then make sure you send a copy of the IMO/IME directly to the BVA with your docket number on it.

I really dont like to recommend IMO/IMEs because they can be costly and do not always support the claim or are prepared improperly, but it is often the ONLY way to get many secondaries service connected, as in this case.

You did some good renal disease research but the VA would accept that better if a doctor supports their opinion with solid medical texts that would reveal the nexus from the DMII to the renal disease.

I had solid medical evidence for my 2003 DMII AO death claim.(DMII never diagnosed or treated by the VA).

I had already proven wrongful death without an IMO or vet rep for other malpracticed conditions my husband had..(FTCA 1997) and I was ompletely confident this DMII claim would succeed. 

 

But I was not going to take any chances and also had 4 thousand bucks worth of IM0s and also a brief freeby.

It was the most important claim of my life as a survivor and my former vet reps said it didn't stand a chance.

I also tried to get the ME to change the death certificate but he said there was a lack of proteinuria too 

in the deceased veteran's urine. But you are correct on that VA study they did.I have that same somewhere on my PC.

Oddly enough one single word in the 6 page autopsy was a word I never looked up until years after the claim was awarded.I thought I understood the word but I didnt.

It indicated from the heart slide info in the autopsy that my husband's heart disease (IHD) was also due to undiagnosed/untreated DMII cardiomyopathy. 

Had I done a little more research,on that word,  that alone could have awarded the claim.

I sure realize that not a single word in med recs, or autopsy s, or anything in a Blood Chem report, MRI narrative, ECHO , etc etc etc, can be overlooked when trying to prove our claims.

But this is best done by doctors.(non VA doctors)willing to follow the IMO/IME criteria here at hadit.

 

Edited August 5, 2016 by Berta

[treysnonna]

Berta did your husband have renal failure too.  And this odd, I do remember somewhere in his med records the word cardiomyopathy.  I will check into it.  His appeal is at bva being review by '" his representitiv',. That is what I do not understand.  Representitive.

[treysnonna]

Once they start reviewing  your claim at the bva, how long does it take to finish.  I have stuff I need to send in , but was waiting for the docket number.  Finally got it about 3 days ago, by calling bva.  She said they were working on July of 15 I think.  But then I get this thing on ebennies that they are reviewing  now.    And the claim which we don't know who filed it for cad rfe. So we have no idea what is going on here.  He filed a claim way back in I believe 09, for heart disease(arotic valve regurgitation) secondary to diabetes.  They denied it.  They reopened it for some reason around 2011.  And then closed it again.  Then he had the valve replaced.  That is when they found the cornoray artery disease.  So if they try to link his renal failure to cornoray artery disease, will they go back and reopen it again.  I'm so confused.

[Berta]

I guess I might have been correct, that a VSO on your POA -but in DC ,and not at your RO,is preparing the 646---still not sure 

--- this is all very confusing.

The VARO denied for a reason, the reason should be clearly stated in the SOC, and that is the statement that must be overcome with evidence. The medical rationale by the examiner is best overcome with an IMO/IME.

"So if they try to link his renal failure to cornoray artery disease, will they go back and reopen it again.  I'm so confused."

 

It will take a strong IMO/IME, in my opinion, to link the renal disease either to DMII or to CAD. No ,my husband didn't have renal disease due to DMII.

 

There might be cases at the BVA like that.Kidney (Renal disease)secondary to DMII.

 

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[Fat]

NEVER GIVE UP

[treysnonna]

We won't if I have anything to do with it.  Sometimes it seams like he is.  We finally got the letter, with docket number.  And tell us his appeal was with his representive.  So I'm going to get all labs, documents, and ask doc if he agrees with these doc by pub med, which is research they have done veterans etc and take it to her to get her to write up whatever and give it back to me to get mailed certified with return receipt.    Then they are talking abou 270 days on average after this.  Which is ridiculous.  But that is the system.