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I've been denied compensation since 2004 for diabetes type II?  I'm being treated at the VA for diabetes.  I’m on dialysis and take a lot of medication to control my diabetes. I served in Vietnam from 1969 – 1970.  I am presently receiving 60% disability compensation for IHD and hearing loss.  I am 70 and my diabetes is taking a toll on me.  Why am I being denied compensation for diabetes when records show it is linked to Agent Orange exposure?  And what about mental torture and anguish?  Can I file for that?  This ongoing struggle with the VA is making all of my conditions worse.

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Answers

A1:  You need a good VSO to make sure you have all the needed paperwork in and maybe see your congressman.  (JB)  1/30/19

A2:  You need to seek counsel of a VSO. There are so many answers to this. Could be a new and material evidence issue. Is it DM II or I? For VA to reopen a previously denied claim you have to have N&M evidence. Read your very first denial and then submit evidence to change the initial outcome.  (DS)  1/30/19

A3:  Thank you for your service. Type 2 is a presumptive for agent orange. You didn't mention your branch of service which may be part of the issue. Army and the Marines with Vietnam service is almost automatic in most cases. Although when it comes to Navy and Air Force personal must show proof they were actually boots on the ground. If this is your case it should be noted in your 201 file or on your 214. If you haven't provided the VA with your 201 file you should. It is your responsibility to provide proof of being boots on the ground the VA won't do it for you. I wish the best of luck and again thank you for your service.  (RM)  1/30/19

A4:  I sympathize with you for I filed by 1981 for conditions caused by serving in Vietnam.
I hate to say your fighting an uphill battle for the VA has no feelings for us veterans. Did you get any statements from buddies you served with at the time in Vietnam and conditions they have because of serving. If you get that information on a Statement In Support Of Claim as well as medical statements of doctor on the inside and outside of the VA to show you have suffered from many caused by serving then you might still have a case. Write to your congressman and see a VSO (DAV, Amer.Legion, VFW, or any of them. Don't do it alone and do not believe the VA will help you get any of it. Contact the VA records department and the military for records and the VSO can help guide you to them. Do not got thru the VA for records for ones that have information to support your claim will be missing. They tried that on me and I had already got the records and submitted the missing pages. Only submit what will help your claim for it keeps it from making it more complex than it needs to be. You should have started a claim within 10 years from the date you got out and at 2004 they will say it is all due to old age. If even one person in your family has any of these conditions they will say it is genetic so don't give them that information they don't need it. The VA will lie cheat and steal to keep you from getting what you deserve. Do not submit everything so you can reopen the claim for a condition that you have so they can not say it was denied. Have MRI's ran to see if you have degenerative joint and bone disease to diabetes from service connection. Get statements from family, friends, military buddies, etc and hopefully you have seen outside doctors for this and not just VA doctors. The VA ignores conditions even ones that their own doctors say you have. Get to work and don't delay for even if you get the information in will take 2 to 2 1/2 years to get it processed and they delay as long as they can hoping you will give up or die first. That way they can get rid of it and you so they do not have to deal with it. Go online and get documents that state specifically every condition that you have related to Agent Orange exposure. File for PTSD if you want and were in combat but you can make a statement that it has gotten worse having to deal with the underhanded tactics the VA has put you thru when they know you have a legitimate claim they keep denying. Make sure you keep hard copies, back up disks, backed up on external hard drive. If they say they don't have the information then print up just the proof to your claim from medical records pages, inside and out of the VA and burn disc with all the information on it and hand deliver it to the VA or at least have it sent certified signed delivery for proof you sent it and they received it. Shipmate took them to court and he lost due that his attorney did not request our records and proof we served on two of the same ships he did at the same times. The VA lied saying we never served on the same ships as he did and the VA attorney lied to the judge. He now gets 70 percent but filed claims against them again and probably got it because he threatened to let it known that they lied to a judge and may sue for purgery they committed by lying under oath. You may be getting denied because of you age and health issues that could come of it. Had a friend denied when he was over 70 and claimed a little to late. I am waiting for them to deny me when I turn 70 next year and then may have to get an attorney and sue then but will make sure I have all my corners closed in when I do and a few other health conditions I have not pursued at this time for would not get paid anymore than I get now. I am just doing my best to stay alive long enough if I do have to go after them probably until my last breath knowing the way the VA works against us veterans.  (JRM)  1/30/19

A5:  Diabetes presumptive to agent orange why your not receiving compensation for that is wrong. I am receiving compensation for that. I suggest you file immediately for it.  (BB)  1/30/19

A6:  I have been denied twice.
had to have pacemaker in 2008 after almost dying. I'm convinced the VA doesn't give a hoot about some of us vets being exposed with Agent Orange.  After all the struggles filling out a ton of paper work all i'm getting is 10 percent hearing loss. Been denied twice so i'm reluctant in trying to do anything with the VA to get compensation for all the other problems i have. it is hard to deal with people in the VA who do not give a hoot about our well being. I can only hope the best for you.  (JM)  1/30/19

A7:  Take your case to the nearest "DAV" !!!  (RLW)  1/30/19

A8:  The good news if you are Navy (Blue Water) is that the US Court of Appeals just ruled that Blue Water Navy vets of Vietnam are entitled to the same benefits as Army & Marine vets who had boots on the ground. The decision was 9-2 for the benefits and reverses a decade old rule. It applies to an estimated 90,000 veterans nationwide.  (LC)  1/30/19  


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