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Old 11-13-2005, 09:34 AM
splummer splummer is offline
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Default Question about type II Diabetis

I'm trying to help out a lady at work with her Vietnam Vet husband.He just recently found out from his doctor that he had it. Am I right that Type II is an automatic VA disability because of Agent O. ??
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Old 11-13-2005, 12:43 PM
ArtySgt ArtySgt is offline
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I don't think it is " automatic ", myself going though a C&P board in December for type II Diabetis. Got to go on two different days, one to check my eye's and one for the blood work and paper work. Hope this helps answer your question.
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Old 11-13-2005, 02:36 PM
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How did you get the process started? Should they be talking to a Veterans Service officer? Did you have to prove it was service connected or did they just accept that due to agent orange?
Thanks Steve
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Old 11-13-2005, 02:50 PM
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Post If He has:

If he has parents with Diabetes II or I he would probably be denied as it is hereditary.

Keith
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Old 11-13-2005, 07:05 PM
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Steve,

Yes absolutely they need to get hooked up with a representative from one of the service organizations.(It takes a very determined, analytical, patient personto go up against the VA alone.) Thatrepresentativewill tell themexactly what they needand get them started.Tell them to choose wisely. Ask around. Not all service organizations are equal. Nor areall representatives equal. My brother pointed everyone to the DAV because they did well by him and everyone he sent to them. But the DAV in your part of the world may not be up to speed. Also they have the right to change their minds if they believe they are not being represented effectively. Only they need to do that early in the process because any change after they get the ball rolling slows down the process. They will have to go through the process and it's time consuming but as my bro often said "This is the war you fight for the war you fought".

The following is from a court case I found involving ablue water vet andAO related Type II Diabetes that is text book and should be very helpful to your friends. It will give them plenty of ammo for the coming fight they will no doubt have. It's sad but true but for the most part the claims process is adversarial so the more informationyour friends taketo the fightthe better off they are.

Knowledge is power and a veteran with knowledge is not what the VA wants to see coming through their doors. If a vet walks in with a DD214 that shows he/she was in the Republic of Vietnam, has a diagnosis ofdisease that has been declared by the VA to be related to the exposure of herbicides in Vietnam he needs to take the VA to the wallwith the help of arepresentative that knows the VA regulations and is familiar with the cases already decided such as the onecited below.

Genetics has been ruled out as a factor. As a matter of fact there was a discussion in regard to genetics in the recently formed commission on Veterans Disability Benefits and it was flat out decided that they "weren't going there".

Summary of recently decided case:

The veteran contends that his exposure to Agent Orange while
serving off the coast of Vietnam caused diabetes mellitus and
that service connection is warranted based on such service.

Service connection may be established for a disability
resulting from disease or injury incurred in or aggravated by
active service. 38 U.S.C.A. ? 1110. Service connection may
be granted for any disease diagnosed after discharge, when
all of the evidence establishes that the disease was incurred
in service. 38 C.F.R. ? 3.303.

For purposes of establishing service connection for a
disability resulting from exposure to a herbicide agent, a
veteran who had active service in the Republic of Vietnam
during the period beginning on January 9, 1962, and ending on
May 7, 1975, will be presumed to have been exposed to an
herbicide agent during that service. 38 U.S.C.A. ? 1116(f)
(West 2002). Service in Vietnam includes service in the
waters offshore, or service in other locations if the
conditions of service involve duty or visitation in Vietnam.
38 C.F.R. ? 3.313(a).

The presumption of exposure may be rebutted by affirmative
evidence to establish that the veteran was not exposed to any
such agent during service. 38 C.F.R. ? 3.307(a)(6)(iii).

When a veteran who is presumed to have been exposed to an
herbicide agent during service develops any of the disorders
listed in 38 C.F.R. ? 3.309(e), which have been shown to be
caused by exposure to Agent Orange, and the disorder is
disabling to a degree of 10 percent or more following his
service in the Republic of Vietnam, then the disorder shall
be presumed to have been incurred during service.
38 U.S.C.A. ? 1116; 38 C.F.R. ?? 3.307, 3.309(e).

As shown by the evidence, the veteran was diagnosed as having
diabetes mellitus, which is one of the diseases presumed to
be due to herbicide exposure. The medical records also
indicated that the disease was manifested to a compensable
degree. The veteran's service records indicated that he
served in the combat zone off the coast of Vietnam. Such
service falls within the definition of qualifying service to
trigger the presumption of exposure, as indicated by
38 C.F.R. ? 3.313.

Based on the foregoing, the criteria for presumptive service
connection is satisfied, and; hence, the Board may presume
that the veteran's diabetes mellitus type II was incurred
during service. Accordingly, service connection for diabetes
mellitus is warranted.


ORDER

Service connection for diabetes mellitus, type II is granted


Decision regarding diabetes mellitus, type II

presumptivediseaseaohadit.com

Hope this helps...

Arrow>>>>>>
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Old 11-13-2005, 07:17 PM
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Military Update:
Veterans? disability panel to avoid debating genetics


By Tom Philpott, Special to Stars and Stripes
Pacific edition, Thursday, October 27, 2005



The Veterans? Disability Benefits Commission unanimously has voted that a veteran?s genetic makeup, which might show predisposition to certain illnesses before entering service, is not a reasonable topic for the commission to study in its review of ?service connection? and disability payments.

During an Oct. 14 public hearing in Washington, the commission also rejected, on a 10-1 vote, a proposal to study whether veterans? disability benefits should be reduced at some ?normal? retirement age to reflect the typical income drop of most American workers as they retire.

The two votes came as commissioners shaped research questions they want answered by staff or through contracted studies to be conducted by the Institute of Medicine of the National Academies of Science and by the Center for Naval Analyses over the next year or more.

?If you cannot determine at time of entry into service what the genetic makeup of the potential serviceman is, how can you, when the serviceman leaves in two years, three years or 20 years, base disability benefits on the genetic issue?? asked retired Army Lt. Gen. James T. Scott, commission chairman, in summing up the panel?s decision not to delve into genetics.

Some critics contend that the veterans? disability compensation system is overly generous because it assumes that any disease or ailment that surfaces while a service member is on active duty is ?service-connected? and, therefore, compensable, even if family history is suspected to be a factor.

?We?re not going there,? said Commissioner Rick Surratt, a Vietnam combat veteran and deputy legislative director for Disabled American Veterans, after the vote, which he agreed was significant for veterans.
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Old 11-13-2005, 08:22 PM
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A great resource...

hadit.com sitemap

Disclaimer on site...

Disclaimer

Care has been taken in preparing the information for our site. The information is believed to be accurate. However, no warranty, expressed or implied, is made by the authors, as to the use or application of this information, nor shall they be responsible or liable for any damages resulting in connection with or arising from the use of any information found at this site, or at any linked site.

The information contained on this Web site is designed to provide accurate and authoritative information in regard to the subject matter covered. The authors are not engaged in rendering any legal, accounting or other professional service. If legal or other expert assistance is required, the services of a professional person should be sought.
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Old 11-14-2005, 02:57 AM
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Default YES, Type II is presumptive

Steve, Type II Diabetes is on the VA list as a presumptive disease if you served in VN. Of course you must have served on the ground in VN and at least one tour of duty. All you have to do is apply for the dissability, treatment is service connected. The disability rating is 20% if treated with diet or pills. if you take insulin shots it is 40%. additional disabilities are associated with diabetes such as heart disease, peripheral neuropathy, eye problems. DO NOT DISREGARD THIS DISEASE IT IS A SILENT KILLER. Most of the guys you see at a vet hospital with legs missing are fron diabetes.
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Old 11-14-2005, 04:26 AM
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PHO

Just to update your statement that you must have been on the ground in Vietnam to be awarded for AO related disease. Ongoing research has included Blue Water Navy Vets in benefits for AO related disease. Those results are posted on the site. Chris credits that research as a key factor for his benefits being granted.

Blue Water Navy

Arrow>>>>>
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Old 11-14-2005, 04:47 AM
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Did not know that.
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