Our Disclaimer This Knol is provided to you to describe general processes and procedures that occur during the application for disability compensation and pension and other benefits within the Department of Veterans Affairs System. Any author you find here is not providing you with legal advice. Any information provided by this Knol or any contributor to this Knol is not intended as and should not be construed as legal advice. You should always consult an attorney to help answer specific questions regarding how VA laws apply to you and/or your situation. The summaries provided here are incomplete, and the DVA laws and regulations are subject to change. We do not guarantee and we are not liable for the accuracy or completeness of any of the information provided, or any results or outcome as a result of the use of this information.
Juan Trevino of Fresno, California, entered the U.S. Army after high school and was soon stationed in Vietnam. Juan describes his experiences after returning back home, and the obstacles that he overcame while coping with his disability. Source
Adult onset diabetes is of particular interest to the Vietnam veteran. VA has ceded that Diabetes Mellitus II (DMII) is a "presumptive" condition that may be associated with exposure to herbicides...Agent Orange.
As a presumptive condition, obtaining a service connection for compensation is a bit easier as the veteran won't have to prove the cause of the condition, only that the conditions of in country "boots on the ground" service and a diagnosis are met.
After routinely applying for disability compensation for the DMII condition, the veteran will likely be scheduled for a Compensation and Pension (C&P) examination and a rating should soon be assigned.
DMII is a serious condition that will have an affect on the veterans entire body and particularly the arterial vascular system. DMII is a contributer to atherosclerosis or hardening of the arteries. A smart veteran will pay close attention to treatment plans provided by the VA clinic or medical center.
As the disease progresses, it may contribute to heart attack, stroke, erectile dysfunction, peripheral vascular disease (claudication or pain in the legs with exrecise) and a loss of vision.
Veterans should consider that a part of the care plan for their DMII is that if and when any of these conditions are noted, an application for an increase in benefits should be submitted.
The regulation at Title 38, Part 4, Subpart B, Sec. 4.119 Schedule of ratings--endocrine system, 7913 Diabetes mellitus tells us that the condition may be rated at 40% if you require insulin, a restricted diet, and regulation of activities. The condition may rate only 20% if you require insulin and restricted diet, or; oral hypoglycemic agent and a restricted diet.
VA defines "regulation of activities" as, "avoidance of strenuous occupational and recreational activities". If a veteran is applying for an increase in the diabetes benefit, it would be smart to have a statement from a physician advising the veteran patient to "avoid strenuous occupational and recreational activities".
Peripheral neuropathy may also be associated with DMII. Although peripheral neuropathy is considered a presumptive condition to herbicide exposure, an Agent Orange cause for peripheral neuropathy is timely and must occur within months of exposure. The veteran should remember to distinguish between peripheral neuropathy caused by DMII and that caused by exposure to Agent Orange. VA will consider that the peripheral neuropathy caused by DMII is a service connected condition secondary to the DMII and it will usually deny any new claims for the condition if claim as an Agent Orange related condition.
Key Words;
Juan Trevino of Fresno, California, entered the U.S. Army after high school and was soon stationed in Vietnam. Juan describes his experiences after returning back home, and the obstacles that he overcame while coping with his disability. Source
Diabetes
Diabetes is rated in the Schedule For Rating Disabilities as a section of; 4.119 Schedule of ratings--endocrine system.
As a presumptive condition, obtaining a service connection for compensation is a bit easier as the veteran won't have to prove the cause of the condition, only that the conditions of in country "boots on the ground" service and a diagnosis are met.
After routinely applying for disability compensation for the DMII condition, the veteran will likely be scheduled for a Compensation and Pension (C&P) examination and a rating should soon be assigned.
DMII is a serious condition that will have an affect on the veterans entire body and particularly the arterial vascular system. DMII is a contributer to atherosclerosis or hardening of the arteries. A smart veteran will pay close attention to treatment plans provided by the VA clinic or medical center.
As the disease progresses, it may contribute to heart attack, stroke, erectile dysfunction, peripheral vascular disease (claudication or pain in the legs with exrecise) and a loss of vision.
Veterans should consider that a part of the care plan for their DMII is that if and when any of these conditions are noted, an application for an increase in benefits should be submitted.
The regulation at Title 38, Part 4, Subpart B, Sec. 4.119 Schedule of ratings--endocrine system, 7913 Diabetes mellitus tells us that the condition may be rated at 40% if you require insulin, a restricted diet, and regulation of activities. The condition may rate only 20% if you require insulin and restricted diet, or; oral hypoglycemic agent and a restricted diet.
VA defines "regulation of activities" as, "avoidance of strenuous occupational and recreational activities". If a veteran is applying for an increase in the diabetes benefit, it would be smart to have a statement from a physician advising the veteran patient to "avoid strenuous occupational and recreational activities".
Peripheral neuropathy may also be associated with DMII. Although peripheral neuropathy is considered a presumptive condition to herbicide exposure, an Agent Orange cause for peripheral neuropathy is timely and must occur within months of exposure. The veteran should remember to distinguish between peripheral neuropathy caused by DMII and that caused by exposure to Agent Orange. VA will consider that the peripheral neuropathy caused by DMII is a service connected condition secondary to the DMII and it will usually deny any new claims for the condition if claim as an Agent Orange related condition.
Key Words;
Appeals, Denials, Board, CUE, Court, Claims, Lawyer, Reduction, Severance, Attorney, Compensation, Pension, Army, Marine, Air Force, Navy, Blue Water, Condition, Exam, Discharge, Honorable, Administrations, Affairs, VARO, Regional Office, Appeal, Soldier, Agent Orange, Radiation, SHAD, Project 112, Vietnam, OIF, OEF, Iraq, War, ED, Erectile Dysfunction, Diabetes, Bones, Joints, Arthritis, WWII, Korea, Korean, Honorable, Presumptive, Soldier, Troops, PTSD, Mental Health, Depression, Anxiety, Substance Abuse, Vietnam, Herbicide, Dioxin, Congress, Senate, Congressman, Senator, Sleep Apnea, Cancer, Mesothelioma, Veteran, DIC, DEA, Chapter 35, Dependent, Dependents, 21, 526, 4140, Unemployability, VAMC, Medical Center, DRO, Officer, Enlisted, VSR, RSVR, VSO, Military, Sergeant, MOS,
Comments
Write New Comment ▼
Write New Comment
Sorry! This knol's owner(s) have blocked you from editing, making suggestions, or commenting here.