handyman

Yea, when I heard informal hearing I got nervous, but my VSO called yesterday and wanted to know what day of the week I wanted the BVA hearing, he said I would be receiving a notice. I have a meeting with a lawyer tomorrow, she wants to know more about our case.

The cause of death listed is lymphoma, no other contributing causes. No autopsy was performed. Once I learn how I will scan and attach SOC decision, and reasons and bases.

I found these DIC claims that were awarded by BVA. I apologize for not knowing how to attach files just yet. Citation Nr. 1004021 Docket NO. 08-26 203A Citation Nr. 1138828 Docket NO. 09-29 949 Citation Nr. 0917900 Docket NO. 05-38 298

My bad on the BVA cases setting precedence.

Veteran served in Korean War and World War ll.

Our VSO could not locate the DRO for our scheduled DRO hearing last week. In order to appease us, another DRO at a quickly arranged informal hearing offered us a spot on the traveling BVA docket set for 2nd. week of July. The DRO mentioned that because of the evidence we had he would have denied the appeal and sent it BVA, I think a big chunk of time was was knocked off this appeal process due to their scheduling conflicts. The contention is the veterans cause of death due to cigarette smoking which is secondary to service connected PTSD. 100% PTSD disability rating granted 2008. SOC reads that VA was correct to deny DIC based o USC 1318, service connection for cause of death and accrued benefits. Our evidence identifies Mr. XXXX PTSD as a contributing cause of death by Lymphoma, both directly(as much recent research implicates stress in carcinogenesis) and indirectly, through agravating his lung disease via heavy smoking. Chronic PTSD-related smoking more than likely contributed to his death in three ways. 1, By irritating his bronchial linings, causing chronic bronchitis. Research has shown that chronic infection can induce lymphoma because of the constant and elevated rate of division of immune-system cells, increasing the likelihood of cancerous cell arising among them. His medical records indicate that he had a productive cough on and off for decades; the mucous produced was evidence of infection. 2.By weakening his pulmonary and immune systems, and rendering him less capable of fighting lymphoma once it appeared. 3. By possibly instigating follicular type Non-Hodgkins lymphoma directly. Mr. XXXX service related PTSD contributed to hi life long smoking because it rendered him incapable of forming the intent to quit smoking. His smoking cannot be considered "willful misconduct' because as stated in the IMO of DR. XXXX his PTSD :rendered him incapabable of forming intent." unable tp pursue decided course of action when overwhelmed by emotional triggers mediated by streess hormones. Further scientific evidence delineates the strong connection between combat-related PTSD and heavy smoking. Smoking was the only method available to Mr. XXXX to cope with the unremitting stress of his PTSD, and his PTSD prevented him from being able to acknowledge the consequences of his smoking. He was unaware that his smoking constituded "willful misconduct. The Va itself recognized the deterioration of Mr.XXXX capacity to for intent by granting his wife fiduciary responsibility for him in 2009 after he was judged incapable of managing his own financial affairs. His SOC states: "The doctor...reported fluctuating attention and concentration. The doctor also noted that abstract reasoning was impaired." Lack of attention, concentration, and abstract reasoning made it impossible for Mr.XXXX to focus on his smoking as a potential hazard to be avoided. Evidence to support case. IMO and CV of DR. XXXX cardiopulmonary physiologist. IMO and CV of DR. XXXX MD, Psychiatrist and apsychoanalyst. Pertinent medical records of Mr. XXXX. Pertinent medical Literature. Pertinent VA regulations. Precedents set by BVA decisions in three similar cases. I would like any ideas or thoughts on how to improve our case.

We are currently seeking the services of a lawyer to represent my mom. We were scheduled for a DRO hearing last week, when we showed up it became obvious to us that our VSO could not locate the DRO we were scheduled to see. He eventually located a DRO who offered an informal conference in lieu of a formal hearing. During the informal hearing the DRO offered to place us on the docket for a traveling BVA hearing to be held 2nd. week in July. Needless to say we weren't to happy about the missing DRO officer, but were very happy to have a BVA scheduled so soon. It is an appeal for a denied DIC. This will be our first face to face with VA.

Thank you for the reply. My mom has a BVA hearing scheduled for this upcoming july, I will post what we're after in the NOD, BVA forum.

My father's application for compensation or pension (form 21-526) dated June, 1978 lists the following under nature and history of disabilities. "Heart condition developed while in service in Korea has been evident ever since, causing me considerable trouble, shortness of breath, easy fatigue, chest pains, migrane headaches and nervousness. Left knee and back injury-on the job, Aug, 1969." Report of medical examination for disability evaluation (form 21-2545) dated August, 1978 again lists the following under sec. b-medical history since latest va exam. as related by person examined. "Heart condition developed while in service 1953-1954 while stationed in korea. Since then I have had considerable trouble with it. It has been the cause of my shortness of breath, easy fatigue, and constant chest pains,, migrane headaches and a very bad case of nervousness. In 1969 I suffered an on the job injury on my left knee and back. This injury has caused considerable trouble and discomfort since then, and has progressively gotten worse through out all these years. Feels as if an arthritic condition has developed on my entire back and left leg. My knee seems as if it is semi-stiff all the time and I am always experiencing a dull ache there." Listed under diagnosis in medical exam. 1. No history of heart disease found. History of paroxysmal tachycardia recurring. 2.residual injury right shoulder. 3.history of injury left knee. 4. recurring l.s. muscle strain. Statement in support of claim(form 21-4138) dated Mar, 1978 again lists the above mentioned complaints. Rating decision dated Sept, 1978 states. Service connection for heart condition; NSC pension. Mr, XXXX claims disability for a heart condition, a back injury, a shoulder injury and a left knee injury. On the current examination, x-rays of the right shoulder, left knee and lumbar spine were negative. Clinically there was a moderate loss of motion of the lumbar spine. Motion of the right shoulder was limited to approximately the horizontal. No clinical findings of the left knee disability are shown. There was a non-service connected gun shot wound of the right upper thigh, the only findings were well-healed scars. blood pressure readings were within normal limits, the heart was not enlarged, there was a regular sinus rhythm and normal EKG. There was mild tachycardia. The examiner states that there was no heart disease found, and indicates a history of paroxysmal tachycardia. We have been unable to obtain complete service medical records. However, we do have seperation examination for each period of service. These examinations show normal blood pressure readings and a heart condition is not shown either clinically or by history. Service connection is denied for a heart condition, as it is not shown in service. Rating decision dated Nov, 1978 states. effective date of pension benefits is granted from Dec, 2 1977. 8. NSC WW11, PTE, KC 7013. 0% Paroxysmal Tachycardia. 2. PT WW11 from 12-2-77 5201. 20% residuals, right shoulder injury 5295. 20% lumbosacral strain. 5257, 0% right knee injury, by history. 7805. 0% gsw scar, right side. NSC COMB: 40% Why were his complaints of migrane type headaches and a very bad case of nervousness not addressed in the medical examination for disability evaluation. Clearly these were sign and symptoms of shell shock(PTSD after 1980's). My father did receive a 100% service connected disability rating for PTSD in 2008, he died of Lymphoma in 2010. If all his medical complaints stated on his application for compensation or pension were not examined or addressed, does this constitute a clear and unmistakable error on the va's part? Would my father have received a 100% service connected disability rating 10 years prior to his death? My father served proudly in the army from April 1946 through Oct. 1947 and from Jan 1948 to Apr, 1954. A veteran of World War ll, Korean War and peacetime. Any thoughts or ideas welcome