ptsd Traveling Bva Hearing Coming Up In July

[handyman]

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.

[Berta]

These types of claims CAN succeed but it is difficult.

Here is a DIC claim regarding nicotine dependency due to PTSD granted by the BVA.

In part:

“. Competent and probative evidence of record preponderates

in favor of the conclusion that decades of heavy cigarette

smoking up to 1992 caused or significantly contributed to the

Veteran's end stage COPD, which was causative of death.

6. The competent and probative evidence of record

preponderates in favor of the conclusion that the Veteran's

service-connected PTSD caused or substantially contributed to

three disorders causative of death: recurrent aspirational

pneumonia, hypertensive cardiovascular disease, and COPD.

7. The grant of DIC under the provisions of 38 U.S.C.A. §

1310 renders moot the appellant's claim of entitlement to DIC

under the provisions of 38 U.S.C.A. § 1318. “

“ORDER

Service connection for the cause of the Veteran's death is

granted.

The appeal of the denial of entitlement to dependency and

indemnity compensation under 38 U.S.C.A. § 1318 is dismissed

as moot.”

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp10/Files1/1007558.txt

Unfortunately even with a docket advancement this claim took ten years from the last RO denial to the BVA award.

The widow filed for DIC one month after the veteran had died.

She should have received 10 years of retro DIC.

I only hope she is still alive to enjoy her victory.

This is a prime example of how these types of claims must be supported with evidence.

[handyman]

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

[handyman]

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.