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diabetes Poorly Done Dav Claim
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Question
Berta
The veteran had SC PTSD and heart disease.
He died due to the heart disease.
The veteran also had DMII.
This remand contains the astonishing statement:
"The appellant has submitted evidence that the veteran might
have been one of the 32 members from the U.S.S. New Jersey
who entered the Republic of Vietnam in November 1968 in an
exchange program with the 101st Airborne Division. In
accordance with VA's duty to assist the appellant in the
development of the facts pertinent to her cause of death
claim, the Board believes that development is in order to
obtain a VA medical opinion addressing whether the veteran's
fatal heart disease was etiologically related to his diabetes
mellitus."
Apparently the claim was filed simply for heart disease without the factor of the veterans diabetes causing the heart disease.
Even the BVA in the remand recognises that the veteran's DMII might surely had caused the heart disease.
Although this a Navy vet there is clear possibility he had one foot in Nam in support of the 101st if that can be proven.
In spite of that- in 2001 when the DIC claim was filed, the DAV should have considered that at some point Blue Water vets might well get SC for AO.
The DAV should also have filed the claim for heart disease death as secondary to the vets diabetes.
I bet the widow went to the DAV and they prepared the claim themselves and left out pertinent information and that is what caused this remand.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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