Need advice on denial and appeal

[joevet]

I filed for VA benefits secondary to diabetes related to Agent Orange exposure for glaucoma, cataracts and hypertension. I am receiving 70% for diabetes and stents in my heart. The VA has denied my filing for secondary aliments because they say I have no proof that they are caused by diabetes. In their words they are "at least as likely not caused" by diabetes. My question is how does one prove that they are at least as likely caused by diabetes since all medical evidence reports they can be caused by diabetes? I have my claim under NOD. Any advice would be appreciated. Thanks.

[Snake Eyes]

On 6/27/2017 at 9:18 AM, joevet said:

Thanks jbasser. I don't mind hypertension being rated as zero as long as it is considered SC. There are several other ailments that are linked to hypertension.

Hey, JoeVet... Sorry I missed your message. It's probably no longer relevant, but your question about Dr. Bash hits home for me. Some on these forums swear by his knowledge and integrity. I can attest to his knowledge and understanding of VA policy and how to navigate the process from a medical POV.

However, you need to do your homework. When I worked with Dr. Bash, he signed off on some points I wanted made in my claim, and in others, while they were valid in his medical opinion, he recommended a different approach based on his knowledge of the VA's mysteries. He is very expensive, but also very good at what he does.

As for the "IU" question(s), I am rated 100% due to unemployability (90% schedular). That means, based on the information in my record -- and in my claim -- the VA agreed that I am unable to secure "substantially gainful employment." In addition to Dr. Bash's nexus letter and other documentation, the Vocational Rehab representative basically opined that while he did not have enough data to make a conclusive report, he did not believe I would be able to complete the VR program... Kind of like, you're approved if you insist, but chances are better that you won't complete the program than that you will.

I hope this is helpful -- and that it works out for you... thank you for your service.