Diabetes type 1 then rediagnosed to type 2

[uniccco]

ladies and gentlemen I am seeking disability for type 2 diabetes for 20 years I was being treated for type 1 by the Va and on jan 6 2016 I was told I should be classified type 2 by the VA, my question is as a secondary condition to chronic pain depressive dos order and left and right knee flexion which is all service connected  is it possible to connect or will it be denied    

[Berta]

And to add:

Which drugs can induce diabetes?

A number of drugs have been linked with an increased risk development of type 2 diabetes.

• Corticosteroids
• Thiazide diuretics
• Beta-blockers
• Antipsychotics
• Statins
• https://www.diabetes.co.uk/drug-induced-diabetes.html

[Berta]

I finally found a good example of what I was looking for:

"The Board finds that the appellant's sleep apnea, diabetes mellitus, type 2, and hypertension are at least as likely as not the result of his service-connected headaches and lumbar spine disability. The private opinions in support of the claims consider the appellant's medical history, apply general medical principles to the appellant's particular history and provide opinions supported by rationales. Unfortunately, the VA examination reports are not useful in resolving this claim as they do not address the Veteran's principle contention. In addition, they do not offer useful critique of the private opinions submitted in support of the appellant's claims.

The Board concludes that service connection is warranted for sleep apnea, diabetes mellitus, type 2, and hypertension on a secondary basis. As such, the Board finds that the evidence is at least in equipoise for the appellant's claims. The benefit-of-the-doubt rule applies, and the Board has resolved all reasonable doubt in favor of the appellant. The claims are granted. 38 U.S.C.A. § 5107(b) (West 2002); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990)."

https://www.va.gov/vetapp10/files6/1042328.txt

I love it when the BVA states this:

"As such, the Board finds that the evidence is at least in equipoise for the appellant's claims. "

That is what they said for my DMII AO death claim. At least in equipoise- I was hoping they would say the claimant sent us a S__t load of evidence.They did not list all of my evidence in the decision, and that could have helped someone else.

No VA  diagnosis, no VA treatment, but 6 years of DMII evidence.I had 3 IMOs and had ordered a third to knock down the remand for a cardio opinion- I got a PA opinion instead and knocked it down myself before the cardio opinion was finished.I sent my rebuttal to the BVA and they gave the PA opinion no weight at all.Nothin is impossible.

This decision shows :

"The appellant obtained additional private medical opinions in support of his claim. Dr. R. submitted a March 2007 opinion. Following an extensive discussion of the particular facts of the case, the doctor concluded that the appellant's service-connected back disability had lead to obesity and thence to sleep apnea, diabetes mellitus, type 2, and hypertension. Dr. S. also submitted a February 2007 opinion concurring in these conclusions. "  

I had a brief corroborating opinion, a freeby, from a former VA neuro , whose diagnosis of DMII was crossed out by the cardio doc at Syracuse, who was trying to cover up the malpractice from a different VAMC.in addition to two separate opinions from Dr Bash. After reading my husband's medical records, manymany times, he was the only VA doctor who seemed to know what he was doing,but left the VA for private practice.He remembered my husband's situation.It took me many many long months to even find him- but my point here is this---a corroborating opinion is as good as Gold.

The decision above goes on to state:

"The RO arranged for several VA examination reports and opinions in this claim. May 2007, August 2008 and August 2009 opinions were obtained. In each instance, the appellant's theory that his obesity was due to service-connected disabilities which lead to diabetes mellitus, type 2, hypertension and sleep apnea was not addressed. Additionally, no comment or evaluation of the private opinions was entered into the opinions. Instead, the examiners indicated that a review of medical literature did not show a direct link between the back disability and sleep apnea, diabetes mellitus, type 2, or hypertension. "

Same crap I went through- they will try anything to deny a claim......and he could have filed a 38 CFR 4.6 CUE.

But he won anyhow::

 

"ORDER

Entitlement to service connection for sleep apnea claimed as 
secondary to service-connected headaches and a lumbar spine 
disability is granted.

Entitlement to service connection for diabetes mellitus, type 2, 
claimed as secondary to service-connected headaches and a lumbar 
spine disability is granted.

Entitlement to service connection for hypertension claimed as 
secondary to service-connected headaches and a  spine disability 
is granted."

My DMII claim took 6 YEARS! At first the VA refused to re=open my claim.I already got DIC but under 1151.

Filed in 2003 , awarded in 2009

When I got the decision I did my "F U -VA" dance in front of a photo my daughter took of my VARO when she went there for her tests and physical to join the Military.

 

"2.  The Veteran died in October 1994; the immediate cause of

death was myocardial arrhythmia, due to or as a consequence

of myocardial ischemia, due to or as a consequence of

coronary artery atherosclerosis.

 

3.  The weight of the competent evidence is at least in

relative equipoise on the questions of whether the Veteran

had diabetes during his lifetime that was caused by Agent

Orange exposure during his Vietnam service, and whether that

diabetes caused or contributed substantially or materially in

causing the Veteran's death."

 

 

"CONCLUSION OF LAW

 

Resolving reasonable doubt in the appellant's favor, the

criteria for service connection for the cause of the

Veteran's death are met.  38 U.S.C.A. §§ 1310, 5107 (West

2002); 38 C.F.R. §§ 3.102, 3.303, 3.312 (2008)."

A direct service connected death. Peace with Honor.

My so-called former vet reps said it didn't have a chance.They got an F U dance too!

 

 

 

 

 

[uniccco]

This is awesome Ms. Berta so there is hope

[Berta]

Also Chris Attig, vet lawyer , also has an article on this same premise:

https://www.veteranslawblog.org/tk-3-can-you-get-va-disability-for-being-obese/

Were they treating you with insulin for the Type One diabetes?

A good IMO/IME doctor will look over every single medical test result, med entry and blood chem report etc you have.

The BVA case just has initials for the doctor and also what state the claim was in- and by some searching you might be able to even find one of those doctors who did the IMOs for that veteran.

Just about every claim has hope. I used to be on the Prodigy Veteran BBS system- circo late 1990s and Bill Smith, a former BVA lawyer, and our leading member, always said he believed 98-99% of all VA claims could succeed.

It just takes a lot of work, research, and leaving no stone unturned.I just regret my husband never knew the results of his claims.He died with 30% SC PTSD and a Section 1151 claim pending.

They awarded posthumously 100% P & T for PTSD, 100% P & T for 1151 stroke, 10% HBP awarded under 1151, AO IHD 50% awarded, 1151 IHD still in process under CUE , and AO DMII awarded. ( no rating) And SMC.And FTCA-settlement for wrongful death.

And it often takes a  strong IMO/IME, which can be costly but is the only way many vets these days can succeed.

Dr Bash also found 2 other disabilities my husband had  that I could have claimed but  I didnt- PN and PAD. I was satisfied with the results of the 2009 award.My husband  mentioned he wanted me to continue his claims if he died, many times, he would bring up DIC and accrued- he was a big part of the Prodigy BBS vets system and knew more than I did about DIC ......and suddenly a few hours after he again mentioned that,  he did die. Almost 25 years ago and I am still in shock sometimes.

 

 

Edited June 22, 2019 by Berta
internet problems. wind

[uniccco]

Ms. Berta they treating me with insulin i also looked in my medical records and saw that they once had me diagnosed in the 90,s with type 2 and somehow when i switched va medical centers i was switched to type 1 now i am back to type 2 i just feel a denial coming but i have saved the information you shared and i will be ready on appeal.