CUE

[Guest Pdiddy]

I received a determination letter stating that my husband's stomach issues and liver tenderness would not have been a symptom of HCV noting that these started prior to Viet Nam, where he was wounded.  He totally messed up the dates.  Injury occurred 05/70 symptoms started 07/70 - shown in his medical records.

One medical examiner stated that his medical records did not show he received a transfusion.  That's because there are no records from his time in the hospital in Saigon.  Maybe I should restate that-those records were requested beginning 1999, again 2001 by my husband and by me in 2016.  None were ever produced. 

Would either of these qualify for cue?

The VA made their decision, denial of course, after I had requested his c-file and again, the medical records from the dates he was in the hospital.   I requested and extension, 30 days after I receive the info.   Wouldn't they have to honor that request?

Thanks

Pat    

[Guest Pdiddy]

asknod he could not remember receiving one and said hat but he also didn't remember much after he was wounded.  An rpg (I think) blew off his helmet and he caught shrapnel to his cheek area,.  He basically had a head wound

[Guest Pdiddy]

19 minutes ago, Berta said:

Broncovet said:

"We dont always have time to read other posts to know what is going on, so its good if the relevant ones are lumped together.  "

 

You are right .I never really have time to read the other posts and get upset when I have to.....because a new topic has been started that is relevant to something they put in a different forum.

 

 

 

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I'm sorry.  I thought I put it under cue but obviously I did it wrong. 

19 minutes ago, Berta said:

 

 

 

[Berta]

Their denial is not a CUE, as far as I can tell.

"He did bleed to death from complications of a liver transplant, in a VA facility. I have been, as he did, trying o get the HCV sc.  Without the sc, they are stating I do not qualify for DIC because he was only rated 30% when he died.  Part hearing and part wound."

So he died from a Non service connected liver transplant...

but this could still possibly a Section 1151 death.

In that case the VA would award you DIC.

My initial DIC claim was 1151 death. They based the award on a FTCA case I had won.

I had no independent medical opinion but I know you would need one to attempt a DIC claim on  the 1151 basis. I am sure, if he died in a VA hospital , that the VA did an autopsy. But maybe not....

If you consider filing under 1151 ( you can file under other theories of entitlement to DIC as well- I filed under 4.)

you will need a doctor who has expertise in the field of liver transplants to go over the medical records carefully to see if the VA had been negligent.

1151 DIC does not have all of the benefits of direct SC  death but can involve NSC issues...

which in my case I proved were SC issues, years later.

It is all a lot of work and took lots of study and reading to do that.

When I re opened my DIC claim for direct SC DIC instead of 1151 DIC, I definitely paid thousands for IMOs because I knew that was a good  investment, because I knew my claim was solid. It was one more condition they had malpracticed on but was an AO condition,so direct SC DIC was awarded.

The ancillary benefits I then received for direct SC death were worth well Far more then the 4 thousand I paid for 2 IMOs.

I am not a doctor and have no idea if you should file under Section 1151.It is highly unusual for anyone to bleed to death in a hospital (but it happened locally here - at the local VAMC- and I dont know why this happened.) and maybe it was not negligence at all.

Asknod is an EXPERT on Hepatitis- so any advise he gives you in that regard ,will be solid.

 

 

Edited November 28, 2016 by Berta

[allansc2005]

Berta,

Speaking of CUE, I got mine off to the VA yesterday, return receipt requested, and will keep you updated.

On another note, I'm filing a TDIU via my Ebenefits page, and have ran into a snag.

One part asks about military pay, but the question is not specific? Are they asking for a military Leave and Earnings Statement-LES?

Of course, phone calls to the Ebenefits folks haven't been returned, and I'm stuck!

FYI, I haven't been active duty since 1990.

Thanks.

 

 

 

 

 

 

 

 

[FormerMember]

Pdiddy, you do not want to do a CUE claim. You need a IMO from a gastro saying it is at least as likely as not that he contracted his HCV in service, Here's why  you can get a doctor to say that. HCV runs in five stages (Metavir /scale-google it). Each stage takes approximately ten years- i.e. stage 0 runs from 1968-1978, stage 2 1978-1988 etc. It took forty plus years to get to a liver transplant when his liver became decompensated and quit working. I have a gastroenterologist who will do that for you for free. That is all you need to win. I've done this four times and am four for four on wins. Every one went to the BVA on appeal but the VA lost each one because the VA examiner's IMO was a joke-just like yours.

Contact me on the private messaging feature here or send me an email at asknod@gmail.com and I'll provide you with what you need to prevail. I'm sorry for your loss. It sounds like it was readily avoidable. VA bolluxed up four operations on me and I ended up with an ileostomy bag for a year waiting for all the sepsis to abate. They came very close to killing me several times over my one year inpatient status,

Edited December 2, 2016 by asknod

[Berta]

THANKS Asknod for chiming in to help this widow.

Yes, you see the potential of direct SC, and DIC from direct SC is far better than 1151 DIC.

I wasn't sure hopw to interpret this post:

 "In that denial, the examiner stated that Tim's medical issues - precursors to HCV, happened prior to his tour in Nam and therefore not related to his wound, blah blah. "

I hope they didn't use the Tattoo BS and I am sure this vet was not an IV street drug user...othr BS they have used to get out of Hep claims...

It would help if we knew ( and also the IMO doctor too-they would need a copy of the decision)

what exactly they claim had pre dated his tour in Vietnam....to give him Hepatitis.