Diabetes Disability Claims

[sooner1938]

Delete............

[TinCanMan]

I have a strong suspicion that VA/the government is considering changing the rules in midstream (again) and will soon begin denying claims for disability based on the disease of diabetes mellitus and its' collateral afflictions such as peripheral neuropathy.

Well, if you're going to insist there are monsters under the bed, there's little I can do about that. I don't see any evidence of it.

VA's web site now has an article about how they're gonna take steps to combat cases of veterans' diabetes mellitus by stressing diet and exercise.

It is a health care issue not one of compensation. Not everyone's DMII is caused by weight/exercise although it is to a large degree. DMII is on the rise in the U.S. and it isn't only related to AO exposure. In part it is about lifestyle and the VA wants to help improve veterans lives. It's called preventive care and any responsible medical provider tries to preclude illness where they can. To do otherwise is irresponsible.

Since the government has already abrogated their promise of free lifetime medical care to military retirees

You have heard of Tricare for Life, right? While it does require us to partially subsidize it thru Medicare Part B, it goes a long way toward correcting it.

I filed a claim in February '06

If you have service within the land borders of Vietnam and have a diagnosis of DMII from any physician, including a C&P examiner or a VA Primary Care Physician, you will be service connected for DMII. It's a slam dunk.

[sooner1938]

Delete..........

[TinCanMan]

You have much more faith in the federal government than I do, TCM. In fact, mine is almost non-existent

Faith I find in church. My observation is based on facts. There is no evidence indicating a change in regs to deny DMII claims

I sincerely hope you're right but I'll believe it when I see it.

I am right. I've done this a couple times now. While I have absolutely no confidence in civil authority of any kind. I also know the law and don't see any reason to believe the preventive medicine being practiced by the VHA will lead to a change in DMII compensation law.

FWIW, there will be changes in th law in the future as the courts have required changes not intended by Congress but that has nothing to do with the VHA.

OBTW, there is a quote button in the editor. It's the last icon on the right above the text box. Cut and paste the text you want to quote, highlight it and click the text icon once.

[sooner1938]

Delete..........

[TinCanMan]

Since you claim to be so knowledgeable about the "law" concerning DMII disability claims based on Vietnam service, perhaps you'll be kind enough to cite for my edification such a law

If you're not really sure about something, the sensible thing to do is ask courteously instead of acting like an a$$. Your "research" is flawed and way out of date. DMII was added to the list of conditions presumptive of herbicide exposure in Vietnam in 2000. The relevant regulation can be found at 38 CFR § 3.309(e) it is also supported by the statutes 38 USC Parts 1110, 1112 & 1131

Just so you know, Congress has charged the Secretary of the Dept of Veteran Affairs with maintaining the regulations at 38 CFR and he can change them as necessary. This is not policy and has the effect of law but is subordinate to statutes. DMII was added to the list after the IOM performed a study and determined a link to dioxin exposure. No changes are likely unless the IOM performs another study that overturns the results of the first.

FWIW, I have a SC DMII based on herbicide exposure as does another VeteransResources member, paparonnie who just was awarded within the last month.

[sooner1938]

Delete.............

[TinCanMan]

Originally Posted by sooner1938

What a coincidence...I've come to believe exactly the same thing about you since most of your posts I've read carry more than a whiff of condescension and sanctimony.

Try not to confuse condescension and sanctimony with the confidence that comes with knowledge, understanding and experience.

[sooner1938]

Delete...........

[rainvet]

sooner1938, I'm a Vietnam Veterans and I had been sprayed all the 366 days while in Vietnam, I maybe of some help to you if you would give me a chance.
I will do all I can with-in my power to get you the right information. RainVet!

[TinCanMan]

I don’t know what it is about these online forums

Perhaps when you come in to "these" forums and ask in a courteous manner rather than postulate unfounded conspiracy theories you'd get the courteous response you were looking for. Try re-reading your original post. You never do ask a question.

Personally, I don't believe the VA is the big evil trying to screw veterans out of their benefits. I showed you where your theory was wrong and that you were operating on erroneous information and I backed it up with the appropriate regulations. Apparently, you didn't like that. You got good sound information but your nose is outta joint because nobody bought into the conspiracy. Look up paparonnie's posts. He was just awarded SC for DMII based on presumption of herbicide exposure in Vietnam. Yours will be awarded as well although it'll take longer than you'd like.

[sooner1938]

Delete.............

[sooner1938]

Delete.............

[CHAYNE22]

Any help or guidance would be appreciated.

I’m 25 years old and have just recently separated from the service. I have recently been diagnosed with diabetes. What type is still to be determined. Looking back the symptoms started a month after I returned from the Iraq Theater and two months after my last anthrax vaccine. I have no family history or any contributing health problems that could have caused my diabetes. I’m being treated by the VA currently and am going to begin to file a disability claim. I would greatly appreciate any guidance, suggestions or information from those of you that have been through this.

Thank you,

Mike

[TinCanMan]

chayne22:

You don't tell us what recently means but diabetes mellitus (Type II diabetes) is considered a chronic disease under 38 CFR §§ 3.307 & 3.09. That means you have a year after discharge to file a claim. Were you discharged within the last year?

[CHAYNE22]

I was discharged 7 Sep 2005

[TinCanMan]

OK, here's the deal, under 38 CFR 3.307 you have 1 year after discharge to file a claim based on presumption of a chronic condition. Diabetes mellitus is such a condition. Today is the 5th of Sept 06, 3 days shy of the drop dead date. You need to make sure your claim is accepted now. Call the 800 number for the VA (1-800-827-1000) and tell them you want to make an informal claim for diabetes mellitus. If it turns out wrong, you can retract it. When you get done with that write a letter to the nearest VA Regional Office and tell them the same thing. Send it Return Receipt Requested. Make sure it is post marked today. When you get done with that, file an OnLine claim with VONAPP Don't worry if you don't have all the info, give them enough to get the claim accepted and follow up later with the details. You have another year to flesh out an informal claim.

Normally I wouldn't advise doing all three. Just getting written confirmation would be sufficient. In this case there's no time for confirmation.

After you finish with that, find a Service Officer (SO) from one of the Veterans Service Organizations (VSO's) such as the VFW, DAV AmVets, American Legion or any other and ask they represent you. It's free and you don't have to join. They can pick up where you left off.

Diabetes Melitus is presumptive and pretty much a done deal if you file on time and have a diagnosis. Diabetes Insipitus is not and must be diagnosed in service. If you screw up the one year period, no amount of excuses will fix it.

[mjswift187]

OK odd question I filed my claim several months ago, I got in the mail a HUGE pack of my medical records but no decision or anything, do I need to keep my 1 week call to the VA or ask for somone else?

[TinCanMan]

I don't know why you were sent your medical records. Are they your service records? Was it the VA that sent them to you? Did you ask national Archives or the VA for them?

You are calling every week on a status check? Oh, My, God. Whyever for? Give it a rest. Get a cane pole and go fishing. I wouldn't call any more than every month or two just to make sure it didn't get lost.