Non VA medical bills

[JohnsWidow]

My husband was 100% service connected disabled USMC veteran. He passed away Oct.22, 2016. He had gone to 2 seperate non VA hospitals via ambulance before his passing. The hospitals were aware he was 100% service connected disabled. They have been sending bills for hospital services and he had told their billing departments to send the bills to VISN 16 Consolidated fee unit PO box 320164 Flowood, MS. 39232 several times. Now that he has passed and the same bills are still coming I decided to just enclose a note in all bills stating to remit all bills for payment to the VISN address. They still don't get it. What am I doing wrong? Can anyone suggest a better alternative? Thank you for your time.

Edited January 2, 2017 by JohnsWidow

[Buck52]

 Here is a # you can call and get more information.

Vietnam veterans and their survivors who believe that VA has not assigned them the correct effective date for the award of benefits for their Agent Orange-related disease can contact NVLSP’s Nehmer team at the team’s toll-free hotline number – 855-333-0677.

Interesting to see the autopsy report ?

if he had symptoms of A.O. and this is what cause his death   she has a favorable chance winning a back date Effective Date.

I'd be searching for ALL his medical Records VA & Private before they come up missing.

Order your hubbys C-FILE As soon as Possible...and all his medical Records   go over them with a fine tooth comb.

I would think?

&

Fantastic Information from Ms Berta

And as Ms Berta mention the last denial he had from the VA  the Reason & bases of their decsion...if recently it maybe ''What We Decided'' cover name and claim # address before posting.

if you accidentally post something you didn't mean to   just hit the edit at the bottom of your post and edit it out & re-post.

Edited January 4, 2017 by Buck52

[SonOfJohn]

17 hours ago, Buck52 said:

 

Berta: How does one claim death under multiple theories of entitlement?

 

COD (on death certificated):

a) Hypoxemic Respiratory Failure - Hours

b) Metabolic encephalopathy - Days

c) Malignant Pleural Effusion - Months

d) Metastatic non Small Cell Lung cancer - Years

 

Sept 14, 2016, My father filed an A 21-5265EZ claiming Lung Cancer (AO)

I believe the decision on this is still pending

 

See attached approval/rejection form

 

Buck52: No Autopsy was performed (to my knowledge). He was transported to the Funeral home after passing.

 

I have obtained his VA records from 2012 to current, but I'm not sure what to look for. (there are 1400 pages)

I have sent the records to a law firm my father was working with (Rawls Mcneils) prior to his passing in an attempt to get compensation for AO and now wrongful death. They have been going through it for months and I"m hoping they find something they can use.

 

I also have all the secure messaging screen-captured from MyHealthEvet. They are incredibly frustrating to read as it seems like none of the doctors at the VA have any care whatsoever.

 

I'm requesting a copy of the C file today.

 

 

 

 

 

 

 

 

Herbacide Exposed Vietnam-Era Vet - C# Covered.pdf

[Berta]

"Berta: How does one claim death under multiple theories of entitlement?"

I claimed my husband’s death was due to malpractice of his PTSD and also the conditions at death on his death on his death certificate and also the same conditions he filed a Section 1151 claim for.

VA in 1997 awarded 1151 DIC for malpractice (stroke and heart disease)

I also filed for direct SC death due to DMII from Agent Orange (2003) and also direct service connected death in 2010 due to AO IHD.  Two more theories of entitlement.Both awarded.

In 2012 I added one more theory –misdiagnosed HBP- and that too provided another award because the HBP had been malpracticed on and was a contributing factor to his death.

These were all separate claims.

It seemed your mother did feel there was a basis for malpractice claim

“ Sept 14, 2016, My father filed an A 21-5265EZ claiming Lung Cancer (AO)

I believe the decision on this is still pending”

I do too…something is wrong here.

The letter you downloaded (dated Nov 2012) indicated he was awarded compensation-100% P & T for the lung cancer, to establish his health are priority

Was he receiving VA compensation at the 100% Rate since that date?

Do you have a copy of the actual award letter that specifically stated how they decided the award and the 100% P & T?

If the VA in 2012 had determined he was 100% P & T due to cancer from AO exposure, why did he file a claim in 2016 for VA compensation for the same AO  lung cancer ?

Many lung cancers are not AO presumptive. I just read a denial to a widow at the BVA –the veteran ( incountry Vietnam)died with the same non small cell metasizing lung cancer but it was a carcinoma and not on the AO Presumptive list.

I thought the Texas Veterans Commission held your mother’s POA,but now a law firm does?

Do you have his private medical records up to the point in 2012 that the VA was treating him?

 

 

 

 

 

 

 

Edited January 5, 2017 by Berta

[Berta]

You also said: 

"I have obtained his VA records from 2012 to current, but I'm not sure what to look for. (there are 1400 pages)

I have sent the records to a law firm my father was working with (Rawls Mcneils) prior to his passing in an attempt to get compensation for AO and now wrongful death. They have been going through it for months and I"m hoping they find something they can use."

That concerned me.I have re read the info here many times and have a suggestion to make.....

It is very difficult to go through medical records,looking for malpractice.I had to practically become a doctor to succeed in my FTCA/1151 and other claims....and went over the med recs dozens of times.

Instead I think that you should go through every letter from the VA that your father received.If your mother doesnt have them all, they will be in his C file.

I think they made a Clear and unmistakable error when they sent the pdf letter you attached here.

What I mean is that the pdf, dated 2012 ,stated he was a 100% SC P & T herbicide exposed veteran,due to his lung cancer.

I think the VA realized their error and sent him a letter saying he was not eligible for compensation ,under the AO presumptives. 

I assume he filed a NOD Notice of Disagreement and that is why he contacted Rawls McNeils.

Have they formally agreed to hold the POA? and to pursue the FTCA/1151 issue?

 

 

[Berta]

To add...I hope the TVC or the lawyers have advised your mother to file this form...if the claim your father filed in 2016 is still technically pending:

http://formupack.com/pdf-forms/federal/va-veteransaffairs/FederalVA_VBA-21-0847-ARE_20100120.pdf

One more suggestion...and I know this a lot to deal with....

Get a bunch of manila file folders. Identify the documents in them on the file tab.

I have some for all of my  VA decisions, some for evidence for specific claims, One for my husband's DD 214/215, and many for 6 years of VA medical records,generated in NY. The first year contained only a few records,in which I found evidence of malpractice as soon as I read them.The last three years of his life involved so much that those records were separated into many manila folders as to their dates.

I tried to obtain other VA records from a different state  but VA said they already had them.They had no bearing on my claims,as a survivor.

Also if you do review the medical records and feel you have found important indications that somehow the VA might have been negligent, copy those records tp put into  a separate Manila folder marked as Evidence, but make sure you put the records you copy back into the main med rec files in the order you took them out of.

Even though I found malpractice evidence as soon as I got a copy of the med recs, and I had already filed a Section 1151 claim and also the SF95 for FTCA, I spent many long days and weeks to find more evidence , to figure out just how they killed him and how a different VAMC tried to cover up malpractice from the local VA.

I couldnt find a IMO doctor and about 15- 20 lawyers told me I didn't have a case but this was before Google and before malpractice lawyers and IMO doctors could even advertise.

So I did it all myself. I had to. My husband made me promise to continue his 1151 claim and go after them if they killed him. I thought he had been getting a little better,but  he suddenly dropped dead 4 hours after I made that promise.The law firm you mentioned sure has malpractice experience.

They might ask however, what you feel the malpractice involved.....

You might need to be prepared for that.....if you go over the medical records, that is a word by word job and also you will need to understand the medical acronyms. I used Merck because that is what VA used when I filed FTCA. 

There is a lot of info in our FTCA/1151 forums here and the main thing you need to prove is that the health care by VA was substandard when compared to the "standard and usual" medical community....meaning real -ooops-meaning  non VA doctors would not have taken the same steps or omitted acts of proper diagnosis  and treatment, and due directly to the VA's substandard care, the veteran has died.

Evidence of substandard care ,if it exists ,is documented in the medical records...sometimes hidden or obscured by lots of medical renditions ,but nevertheless ,if it happened , it will be there.

I am very glad you are helping your mother.I was in shock for years after my husband died and probably still am....

 

 

Edited January 5, 2017 by Berta

[Buck52]

http://www.jstor.org/stable/1191950?seq=1#page_scan_tab_contents

I am not sure about the fiduciary the VA Tag him with? From his 100% PTSD?

 did you guys get that solved before his death? proved him to be competent.  Not sure this matters?  b/c his spouse is or should be his beneficiary? or his son? George?

Check out the link I posted  it may be of some help?

Ms Berta is the Elder Member that knows about this type claims more than anyone here on Hadit (in my opinion)  and the wonderful part is she will research what needs to be proven in Law...for your claim as vital evidence.

I wish you guys the best and get your hubby & your fathers benefits that is owed to him before his death.

Remember Medical evidence is the best proof and be sure to keep all medical records & secured email message Any and all Myhealthyvet Notes and anything related to your hubby that the VA Sent him over the years (Old Letters everything) dig deep as you guys possible can..every record is vital to help prove your claim or claims in the future.