Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
conla

Parkinsons & Diabetic Polyneuropathy

Question

Last year I filed for Parkinsons Disease & Diabetic Polyneuropathy. They awarded me 20% Bilateral Upper and 20% Bilateral Lower Diabetic Polyneuropathy but didn't award a rating for Parkinsons. They claimed it would be pyramiding the bilateral polyneuropathy awards. I can't believe they would try and conflate the two different diseases. Is there any way they are correct in their ruling on this? They are totally different diseases but they both effect the arms and legs (in different ways) they claim it would pyramiding.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Are you a Vietnam incountry veteran?

Did they deny the Parkinsons claim?

Can you scan and attach their decision as to their medical rationale?

(Cover C file # , name, prior to scanning it.)

With 80% now, are you still able to be employed?

Share this post


Link to post
Share on other sites

Ad

  • 0

Berta, I am a Vietnam Veteran. I served two years and four months in Vietnam, "67-'69 with the 103rd Engineers. I am now 80% SC and they didn't deny the Parkinsons, they didn't give it a rating due to pyramiding. I had a DBQ from a VA Neurologist with Parkinsons diagnosis with my symptoms rated at moderate, and it pertained to only symptoms of Parkinsons. There was no mention of sciatic nerve problems or any thing pertaining to symptoms of Diabetic Poly-Neuropathy in Parkinsons DBQ. But since I had filed a claim for Diabetic Polyneuropathy with a DBQ for it at the same time ,The C&P Examiner did his own DBQ's for both claims. The C&P examiner was just a GM not a Neurologist. I have access to the C&P examiners DBQ's if needed.

 

SCAN0059.JPG

SCAN0056.JPG

SCAN0057.JPG

 

SCAN0058.JPG

Edited by conla

Share this post


Link to post
Share on other sites
  • 0

Did the VA ever deny a Parkinsons claim from you in the past? (just checking because of Nehmer  2010- Footnote One)

Have you formally appealed this with a timely NOD?

"I had a DBQ from a VA Neurologist with Parkinsons diagnosis with my symptoms rated at moderate, and it pertained to only symptoms of Parkinsons."

Did the VA list that NeuroDBQ  as evidence? 

But since I had filed a claim for Diabetic Polyneuropathy with a DBQ for it at the same time ,The C&P Examiner did his own DBQ's for both claims. The C&P examiner was just a GM not a Neurologist. I have access to the C&P examiners DBQ's if needed."

If you have not filed a NOD, there is a CUE basis here-

it would be a CUE under auspices of 38 USC 5109, and the violation is this regulation:

 

"4.6 Evaluation of evidence.

 

The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law." 38 CFR 4.6

----------------------------------------------------------------------------------------------------------

A Neuro DBQ is a probative "element" and would render the C & P exam as faulty because it was not done with any expertise. 

Even if you did file a NOD , you can still file a CUE on this-

technically you did not really get an actual  Parkinson's VA  C & P exam.

You could state that the examiner tried to assess two separate conditions as one condition- yet they are far different disabilityies and you could refer to and enclose the Neuro DBQ they failed to consider as evidence.

 

 

 

Edited by Berta

Share this post


Link to post
Share on other sites
  • 0

Berta,     They didn't deny the Parkinsons claim ,they combined two separate claims (Parkinsons, Diabetic Poly-Neuropathy)as though they were ONE claim claiming the same symptoms. They stated that clearly in the four pages I posted above. They ignored the VAs Neurologists DBQs and used the C&Ps DBQs  that he combined during his exam. I provided them with two separate DBQs from my VA Neurologist and the explanation says they disregarded those and used the more recent C&P exam DBQs. I did not submit a NOD I asked for it to be Reconsidered at the advise of my DAV representative. I now realize I should have filed a NOD like I went in there to do, My mistake I now realize. How do I correct this, my one year to appeal has just expired.

 

 

Share this post


Link to post
Share on other sites
  • 0

File the NOD electronically  either you or your VSO   ASAP.  

I understand e-benefits is out for maintenance or upgrades? check with your VSO =ASAP.

as long as you get your NOD IN before the midnight dead line  of 1 year.

"4.6 Evaluation of evidence.

as Ms berta mention you may have a Big old CUE

 

Edited by Buck52

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines