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

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serpico

diagnosed with type 2 diabetes

Question

Hi All,

I was diagnosed with type 2 diabetes in 1990, 15 years after I was out of the service. Due to me not being able to control it I have been on insulin. My job working split shifts and eating on the run was not conducive to keeping it under control.  My most recent endicrinologist continues to treat me with insulin as if I have type 1. In my medical records it states that I was diagnosed with type 2 in 1990. I applied for diasability and was denied. I believed that the VA only looked at my most recent endicrinologists records. I am going to appeal and was hoping that someone else may have had this problem and if they appealed and won. Any information would be helpful!

 

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Veteran Serpico, my heart goes out to you dealing with diabetes.

The battle is daily, but it can be won.

In my opinion, not in my expertise, try intermittent fasting, you fast for 16 hours a day and eat 8 hours a day.

The meals have to be nutritious and sensible, but its the best way to regulate insulin levels and drop a few pounds.

 

Next, I would get a VSO to help with your claim.

If you were diagnosed with type 2 diabetes in service and continue treatment today for type 1 or 2 this should be a slam dunk.

You might get your endocrinologist to look at your service medical records and write a nexus connecting the initial diagnosis of diabetes with your current care for diabetes.

In addition, have them fill out a DBQ.

All medical notes between diagnosis and today would be helpful in showing illness was and is still present.

 

Your claim definitely can be won.

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If you are an in-country Vietnam Veteran or fall into the Blue Water Navy criteria for Agent Orange, ( HR 299/And Procopio in our AO forum)

Diabetes Mellitus is a presumptive AO condition.

I helped a vet prove he had diabetes mellitus inservice, in the 1960s, that was not diagnosed until many many years later.His claim had already been at the CAVC twice.His lawyers had never even looked at his SMRs.I wrote up my findings as to the SMR symptoms etc, indicating DMII and his private Endo wrote an IMO for free and he won.

Also I proved that my deceased husband had DMII from Vietnam service, awarded 15 years after he died , and the VA had never diagnosed or treated him properly for it.

Nothing is impossible but in cases like yours,I sure agree with what  Fat said to get an endocrinologist's review of your SMRs.

 

 

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What were the reasons for denial?  It sounds like you had a diagnosis, but did you have an in service event or aggravation, and a nexus?  (If you are an in country VN Vet, as Berta explained, you should be a presumptive and may not need a nexus or in service event.  )  

Did you appeal the 1990 denial?  (My guess is you did not).  

Reopening due to N and M evidence may help especially if you have discovered a medical exam that may have indicated a pre diabetic or diabetic type glucose levels while in service.  

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

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