IMO/Nexus for Diabeties Type 2

[smoothc100]

I am currently service connected for herniated disk 20% with radiculopathy 10%, bilateral plantar fasciitis 30%, and PTSD 70%.  I was diagnosed with diabetes type 2 in 2015 a year after I was medically retired for my back and radiculopathy. I go to the VA for treatment and can not get a DBQ from the VA, which unfortunately has been the norm for me.  So I am looking at obtaining a nexus for diabetes as a secondary condition. My question is do I connect it to the physical disabilities or the mental?  I'm looking a more the physical i.e. the herniated disk and radiculopathy as the mental seems to be harder to have approved. Does anyone know who I could obtain this nexus from?  I live in MD.  I've used Valor Compensation before, but in this case they told me they could not connect this condition as a secondary. Any advise would be greatly appreciated.    

[Berta]

It is possible you could claim the DMII under the Chronic presumptive regulations, if the the DMII was diagnosed and at a level of at least 10% disabling within one year after your discharge.

DMII has specific symptoms that surely began in your military service if the diagnose came that fast after your discharge.

Do you have a copy of your SMRs?

I am very familar with DMII and symtpoms that can led up to it.Of course high glucose readings on blood chem work and also the HB1AC tests are definitive for DMII, but if your SMRs do not reveal that nexus they might well reveal other symptoms.

I had a vet whose SMRs said he was treated for venereal disease multiple times. I proved ( and he got a IMO from his private doc for free with the proof I found in his SMRs) that he had symptoms of untreated diabetes.

After many long years (at BVA CAVCm BVA CAVC again, he won his claim.

It was very difficult work as the SMRs were handwritten and from the early 1960s. Yours will be easier for you to read.The doc who diagnosed you with DMII (I assume you still get treatment from, him/her?) should be able to determine if you fit into the Chronic presumptive regulations as to the one year criteria. You might need a formal IMO and the IMO format is here in our IMO forum.

I agree that DMII cannot be caused by PTSD.

 

DMII is on the list. I will try to find the whole list and post that here.....cannot find the list at hadit.

§3.309  Disease subject to presumptive service connection.

 

(a)   Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under §3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of §3.307 are also satisfied

Here is the 3.307 link:

(1)Service. The veteran must have served 90 days or more during a war period or after December 31, 1946. The requirement of 90 days' service means active, continuous service within or extending into or beyond a war period, or which began before and extended beyond December 31, 1946, or began after that date. Any period of service is sufficient for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in § 3.309(c) and (e). Any period of service is sufficient for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in § 3.309(f), as long as the period of service also satisfies the requirements to establish a presumption of exposure to contaminants in the water supply at Camp Lejeune under paragraph (a)(7)(iii) of this section.

(2)Separation from service. For the purpose of paragraph (a)(3) and (4) of this section the date of separation from wartime service will be the date of discharge or release during a war period, or if service continued after the war, the end of the war period. In claims based on service on or after January 1, 1947, the date of separation will be the date of discharge or release from the period of service on which the claim is based.

(3)Chronic disease. The disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen's disease (leprosy) and tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in paragraph (a)(2) of this section.

 

Edited August 14, 2017 by Berta

[Berta]

Here is the full list under Chronic presumptives. There are many more at the link for tropical , POW, and AO presumptives.

https://www.law.cornell.edu/cfr/text/38/3.309

(a)Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service if manifested to a compensable degree within the applicable time limits under § 3.307 following service in a period of war or following peacetime service on or after January 1, 1947, provided the rebuttable presumption provisions of § 3.307 are also satisfied.

Anemia, primary.

Arteriosclerosis.

Arthritis.

Atrophy, progressive muscular.

Brain hemorrhage.

Brain thrombosis.

Bronchiectasis.

Calculi of the kidney, bladder, or gallbladder.

Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.)

Cirrhosis of the liver.

Coccidioidomycosis.

Diabetes mellitus.

Encephalitis lethargica residuals.

Endocarditis. (This term covers all forms of valvular heart disease.)

Endocrinopathies.

Epilepsies.

Hansen's disease.

Hodgkin's disease.

Leukemia.

Lupus erythematosus, systemic.

Myasthenia gravis.

Myelitis.

Myocarditis.

Nephritis.

Other organic diseases of the nervous system.

Osteitis deformans (Paget's disease).

Osteomalacia.

Palsy, bulbar.

Paralysis agitans.

Psychoses.

Purpura idiopathic, hemorrhagic.

Raynaud's disease.

Sarcoidosis.

Scleroderma.

Sclerosis, amyotrophic lateral.

Sclerosis, multiple.

Syringomyelia.

Thromboangiitis obliterans (Buerger's disease).

Tuberculosis, active.

Tumors, malignant, or of the brain or spinal cord or peripheral nerves.

Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data.

This is the full list but only under  3.309 1 through 3….there are many more—Tropical presumptives, POW presumptives , etc

The whole list should be here at hadit. If I cant find it I will post the whole thing- AGAIN.

[smoothc100]

Berta,

Thank you. I will try the presumptive, but I was medically retired 14 February 2014 and officially diagnosed with diabetes by the VA on October 04, 2016, well at least that's the date on my problem list. Can you claim a secondary condition as a presumptive?

 

[broncovet]

I will try to answer this one for Berta, in regard to secondary conditions and presumptives.  

It sounds like, perhaps, you are confusing the two.  

If its a "presumptive" then you dont need to establish that it is secondary to a service connected condition (secondary).  

You can establish service connection in ANY of the 3 (primary, secondary, presumptive), you dont need them all.  Yes, I know you have to have all of them with the Caluza Trio  

(diagnosis, in service event, nexus), but you need establish only ONE of these for SC:  Primary, Secondary, or presumptive.  

[Berta]

Thank you Broncovet.

I had noticed this statement this vet made:

 "I was diagnosed with diabetes type 2 in 2015 a year after I was medically retired for my back and radiculopathy."

But you are correct-he does not fall into that presumptive regulation. (Chronic presumptives) as it was over 2 years when diagnosed.

Still DMII does not happen overnight and his SMRs could possibly reveal a service nexus via symptoms of DMII while in service. The vet I mentioned I helped above never had venereal disease. I learned more about his penile condition than I ever thought I would...long story but proved his VD symptoms were from diabetes. He also had periods of fainting and losing control of his urine,in service. This was long ago and I forget what other proof I found but I also found, (in the very first statements of one of his BVA denials) that he had a "drusen" inservice.

I then researched 'drusen' and found it can cause full blown Macular Degeneration, whch he had, and that the Macular Degeneration  could have definitely come from the diabetes in service.In any event, his private doc gave me hell for accessing his healthgrades report that I gave to the vet to use as evidence , because we here in  NY might know he is a well esteemed Endocrinologist but VA didn't know that.He wrote a better IMO with the evidence I gave to him, and  his IMO was free for the vet and completely outwerighed their bogus C & P opinions.. It was a lot of work on my part but the diabetes was SCed finally after many many many denials.

This was one of the last vets I helped one to one. Long story there too. He could have done this research himself long ago and won his claim. I also prepared a very probative fee rebuttal claim, as he owed his CAVC lawyers 8,000 bucks,(per his award letter)  with evidence.

I stated how the lawyers broke all of the conditions for payment of that fee. He sent that in to the VA and I never  heard from him again and surely would have if the VA paid them., so I think the VA agreed he did not owe them a dime. I testified in that letter that I did all the claims the work they never did, and could have, and of course my help was free.

He had the same idiot vet rep I had at the time,who asked me to help him, while he was messing up my claim.

He actually believed the rep had been  doing things to advance his claim. We can never depend much on vet reps...and even on lawyers sometimes.

You have made that important point here Many times.So true!