Treysnonna

[treysnonna]

Can you send in info on an appeal if it has Been at bva, but no decision yet?  I want my husbands nephrologist to write a little bit different letter, as to why he thinks diabetes has caused his cod etc.  I ve been reading a lot of decisions I don’t think the one he wrote will do the trick.  I’m thinking I can write it up and he can read it and if he likes it, put it on his letter head.  What do you think.i have read and looked up enough of these decisions and read enough publications from pub med, diabetic association, the kidney association to write one.  It has to be very explicit on explaining their opinion.  Otherwise va will just deny it.  For instance it was originally denied because when undated in a cup at c&p their was proteinuria in it.  Now they found proteinuria in a 24hr drop.  That is why he was sent to specialist.  In one of the publications from pub med it says you do not always the same amount of proteinuria,  you drop more in the later stages or your diabetes can cause you to drop more at times if it is not controlled.  And has anything else the diabetes aggravates the kidneys, and can make it progress even faster.

what do think? Can we still send in another letter to be added to the claim? 

If diabetes does not cause kidney problems, why are they always watching their kidney function?

i  would also like your opinion on this too.  My husbands blood sugar dropped to 36 nite before last.  I think he should have went to er.  He broke out in sweat all over.  And although I’m not diabetic I know how hw feels.  I accidentally took his med by mistake in 2001, and I worked at the post office.  On way to work candy bars and started shoving them down.  I was the first one at work,  carrier came in 15min later.  I was broke out in sweat too.  But I managed to get it under control.  Lol. That’s what happened when your in a hurry and he ask you to to bring him his meds.  But if nothing else to get that on record.  He did tell his nephrologist about it.  He ordered some kind of injection that I have to stab him with if his sugar gets so low he passes out.  Maybe I will put that in the letter for him.  He has had several episodes of low blood sugar as well as high.  His last a1c was 9.  Something.  But I don’t think it has ever been that low..

thanks ahead for any advise you can give me.

and if anyone else wants to chime in. That is ok I’ll take any advise I can get.

i did notice they are now!   Before the holidays they were on May 2014.  Maybe someone lit a fire under them!

[Berta]

I think some of us have suggested an IMO/IME in the past to you-

I read over some past posts yuou made and read over this one here-(I had replied without reading it):

"Can you send in info on an appeal if it has Been at bva, but no decision yet?  I want my husbands nephrologist to write a little bit different letter, as to why he thinks diabetes has caused his cod etc.  I ve been reading a lot of decisions I don’t think the one he wrote will do the trick.  I’m thinking I can write it up and he can read it and if he likes it, put it on his letter head.  What do you think.i have read and looked up enough of these decisions and read enough publications from pub med, diabetic association, the kidney association to write one.  It has to be very explicit on explaining their opinion. "

He will need to follow the IMO/IME criteria here at hadit.

He will need all available medical records, C & P exam results, VARO decisions,etc etc, and he will need to give a strong medical rationale for his opinion, citing excerpts from the medical records, and can bolster his opinion with interent excerpts as well.But he might well have more updated medical info tyhan what is on the net.

But this is not for any lay person to do---I did it because I was compelled by a promise my husband made me make hours before he suddenly dropped dead for my FTCA/1151 cases.He had filed a Section 1151 claim himself that he wanted me to continue if they "killed" him.I said Honey the VA doesn't kill anybody....and I thought he was doing a little better since he had recently gotten out of the 21 day PTSD program. 4 hours later he suddenly dropped dead.

He was right. Death by VA.And also death directly due to AO DMII and AO IHD.

I could not find ANY doctor who did IMOs in those days and after 18-20 lawyers told me I didnt have a good FTCA case, (without wanting to even see any of the evidence) I just said piss on them and ended up with many trips to law libraries and medical libraries ( no internet then like today) , spening time every day on the cases,but I NO legal fees to pay and a wealth of knowledge I have shared here on 1151 and FTCA issues. 

You can certainly provide a compelling cover letter to the IMO doctor.

Mine was a timeline, for my 2003 AO DMII claim,  with  direct references to the established medical records, (which I listed and tabbed in the stack Dr Bash got)and also included evidence from  an EEOC case my husband had) and many other pieces of evidence to even include his VA employment physical and even his Driver's license.

The claim not only involved proving he had a disability VA never diagnosed and treated him for but also that one VAMC he was sent to tried to cover up the malpractice at another VAMC.I proved that too.

Your husband's situation is far different from that- 

You can raise the issues in a cover letter, along with the full medical record, and VA denials , C & Ps etc, but 

the actual IMO should follow th3 IMO criteria here at hadit and the doctor should prepare it themselves.

 

 

 

 

 

[Berta]

Apparently ( I tried to find your past posts) the VA did award your husband for IHD.

"Since this is something you guys are already talking about, may I jump in?  Hubby has a situation, he is approved now or ihd due to having his aortic valve replaced in sept of 2013.  They found he had ihd in left branch just Dow from the aortic valve.  So they rated him at 60 %.  

"Now before this in April of 2009, he filed for a heart condition which was deferred.  Service connection for mitral and tricuspid regurgitation also "valvular heart disease" disease (claimed as heart disease) is" etc

 

https://community.hadit.com/topic/43672-ihd-va-definition-and/

Is he service connected for the diabetes?

If so I feel the best IMO/IME you could get regarding the kidney disease, as due to the DMII,if that is service connected , is from an Endocrinologist.

Here is a BVA award that might show what I mean as to a strong IMO/IME:

"ORDER Service connection for chronic kidney disease, as secondary to service-connected diabetes mellitus, is granted."

https://www.va.gov/vetapp15/Files3/1523510.txt

There are many topics that hold your questions- and I dont have time to read them all

I still dont know if the DMII is service connected. I dont know if it is Type II or Type one.

If VA awarded SC for the IHD based on the 2010 Nehmer decision , than did he also file for AO DMII as well?

 

Edited February 8, 2018 by Berta
added BVA case

[Gastone]

Trey, as I recall, your husband has real issues with his POA VSR of record, correct? If that's the case, it's way past time to switch to a New POA VSO. Does he have a DX and SC for AO Presumptive DM II?

 

[treysnonna]

Yes he is sc for presumptive diabetes,  he was actually diagnosed in 99, but they awarded as of 2001.  And their little va clinic in Mt. Home, Ar was the ones that diagnosised in 99.  He was diagnosised with heart valve disease in 2008.  Then ckd in Oct of 12. 

[treysnonna]

Berta,  my husband was in the navy.  He was stationed in Danang. They did coastal servalence, going up some of the river water ways on small boats.  He was there for TET.

[treysnonna]

I will be calling his Vso tomorrow.   To ask him if we should reopen this claim for heart valve disease secondary to diabetes 2.