Veterans Disability Compensation: How many different ways are there to service-connect Diabetes?

By Chris Attig | Permalink
March 11th in VA Benefits.

Diabetes is a metabolic disease.  For diabetics, the body does not produce or properly use insulin.  Insulin is a hormone that is needed to convert sugar, starches, and other food into energy needed for daily living.

Veterans who are seeking disability compensation benefits from the VA for diabetes, often see the same “canned” responses from the VA Regional Office.  Typically, there is a finding that the diabetes or symptoms of diabetes did not appear to a compensable degree within one year of discharge from the military. The second most common error we see is when the VA Ratings Decision relies solely on a medical opinion from a VA Medical Center Doctor who concludes that it would be pure speculation whether the present diagnosis of diabetes was caused by or connected to military service.

As we say here at the Attig Law Firm, there is more than one way to skin a cat.  For Veterans who are trying to establish service connection for Diabetes, there are at many ways to skin the proverbial cat.  Four (4) of them are described below.

First, the Veteran can show “direct service connection“.  This is usually done by combing through the Veteran’s military service records to find any indication of symptomatology of diabetes.  Then, post service medical records and private medical records are scoured for any evidence that this symptomatology continued from discharge until diagnosis.  When we are looking through medical records or the Veterans’ C-File (Claims File) on behalf of the Veteran, we are looking for certain symptomatology.

For Type I Diabetes, we are looking for any indications in and after the Veteran’s military service that indicate blood sugar levels that are consistent with a diagnosis of diabetes or approach diabetic levels, frequent urination, unusual thirst, extreme hunger, unusual weight loss, extreme fatigue and irritability.

For Type II Diabetes, we are looking in the Veterans military service treatment records, C-File, or post-service treatment records, for any of the Type I symptomatology, and also frequent infections, blurred vision, cuts/bruises that are slow to heal, tingling or numbness in the extremities, and/or recurring skin, gum or bladder infections.  With Type II Diabetes, it is important to note that in some situations, the Veteran may experience no symptomatology.  In situations like this, the Veteran is going to need the assistance of a skilled Veterans’ advocate to determine whether service connection can be proven, and if so, how to develop the evidentiary record before the VA Regional Office or the Board of Veterans Appeals.

Second the Veteran can show “secondary service connection“.  This is usually done by showing that some injury, which is already or can be service connected, is the cause of the Veteran’s diabetes. I have seen many try to attempt this proof, and very few are successful.  However, there are situations when it can, and should, be considered by the VA Regional Office before the issuance of the VA Ratings Decision.

Third, the Veteran can show “service connection by legal presumption.”   If Diabetes is diagnosed in service, or if the symptoms of Diabetes present to a compensable degree (10%) within one year of discharge, the Veteran’s Diabetes will be presumed to be service-connected.

Fourth, certain Veterans that set foot on soil in Vietnam and were exposed to Agent Orange are entitled to another legal presumption.  On November 9, 2000, the VA announced that Vietnam veterans with Type-II diabetes would now be eligible for disability compensation.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appealscontact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, represents Veterans in Texas, Arkansas, Oklahoma (and all around the nation) in their claims for disability compensation from the Department of Veterans Affairs.

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