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teejay53

Va Doctor Opinion

Question

i have a dic claim filed for hepatitis c from a blood transfusion in 1978 which was the cause of my husbands death last year.

i was told his medical records were sent to a veteran doctor for an opinion and they have to respond by june 7. the veteran's agent i spoke to today said this request was sent by the rater.

i am wondering if this is a good thing, bad thing or the normal flow in order to grant a dic claim.

you opinion is greatly appreciated.

:)

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i have a dic claim filed for hepatitis c from a blood transfusion in 1978 which was the cause of my husbands death last year.

i was told his medical records were sent to a veteran doctor for an opinion and they have to respond by june 7. the veteran's agent i spoke to today said this request was sent by the rater.

i am wondering if this is a good thing, bad thing or the normal flow in order to grant a dic claim.

you opinion is greatly appreciated.

:)

What kind of evidence did you submit with your claim? ~Wings

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i faxed in a letter from my husbands personal doctor which stated (condensed):

it has been documented and proven hepatitis c can result from a blood transfusion for which specific screening was unavailable until 1992.

he had treated my husband from 1993 to his death in october 2009 from hepatic cirrhosis and other factors that were a direct result to hepatitis c. my husband had no risk factors for contracting hepatitis c except for a blood transfusion he received while hospitalized at the naval hospital for a severe stab would at camp pendleton in 1778.

concluding that my husband's medical condition was a direct result of medical care received through the veteran's administration.

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also sent his laboratory blood tests showing his liver levels and other tests.

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sent his honorable discharge, death certificate showing his cause of death (hepatic cirrhosis and resultant esphageal varices, direct result of hepatitis c).

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i ordered his cfile, however it was already at the va and i received a letter saying they would send his medical file to me when the dic claim was completed.

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thank you for your help.

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"concluding that my husband's medical condition was a direct result of medical care received through the veteran's administration".

I dont understand this part.

Did the doctor give a full medical rationale for that?*

This would involve a Section 1151 claim.

Have you formally filed both a Section 1151 claim and a claim for direct SC death?

* Reason I ask-I received DIC under successful 1151 claim until my recent direct AO death award.

I didn't have an IMO doctor but had to prepare a full medical rationale referencng the specific medical records in order to succeed.

Like your doctor did- I sent them testing results as well-

Did the doctor expand on his opinion a little more than what we have here?

He made a powerful statement of negligence and ruled out any other etiology but for the transfusion.

Have you ever done any research that might show there was tainted blood at the Naval Hospital at same time he got this transfusion?

---------

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My suggestion on the tainted blood research was not a good one-your doctor made that point-

a needle in a haystack (then again I found needles in the past that helped with my claim)

You certainly might well have an opinion here that will definitely award the DIC claim.There are similiar claims at the BVA :

"ORDER

Compensation benefits under the provisions of 38 U.S.C.A.

§ 1151 for residuals of hepatitis on the basis that it is due

to a blood transfusion during hospitalization at a

VA medical center from September to December 1968 are

granted.

http://www4.va.gov/vetapp00/files2/0012930.txt

in part:

“In a January 1998 statement a VA gastroenterologist initially

noted that the records of the veteran's VA hospitalization

from September to December 1968 are largely unavailable. The

doctor did note that the veteran entered the hospital on that

occasion with a very good hematocrit of 48 and that therefore

a considerable blood loss would have to occur to require a

blood transfusion. The doctor also doubted that a ligation

of the carotid artery would ordinarily require a blood

transfusion but he stressed that he was not an expert in this

field and recommended a consultation with a neurosurgeon. He

also stated that he could not know any special circumstances

during the surgery that may have required a blood

transfusion. The doctor further reported that hepatitis C

was not a known disease in 1968 and there was no test to

indicate the presence of this type of hepatitis in the blood

donor supplies. He also stated that the review of the

veteran's records did not indicate any blood transfusions

prior to September 1968 and the veteran was not known to

abuse intravenous drugs. Therefore, if the veteran did

receive a blood transfusion during the period of

hospitalization from September to December 1968, it would

very likely have been the cause of the veteran's hepatitis. “

No record of prior transfusions, no IV drug use, and no tattoos- therefore this vet had no other possible etiology for the Hepatitis than VA medical care.

Reading the past posts it seems this was clearly filed as a Section 1151 claim for DIC.

It is distressing to me when I see other veteran's deaths were caused by the VA.

I guess I am confused on this point-your husband got the transfusion while still in service (?) yet the VA -when they treated him as a veteran- failed to adequately diagnose and treat the hepatitis?

Edited by Berta

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thank you for your response. here is my answer to the following question from berta:

I guess I am confused on this point-your husband got the transfusion while still in service (?) yet the VA -when they treated him as a veteran- failed to adequately diagnose and treat the hepatitis?

my husband was stabbed severely while stationed and on duty at camp pendleton (california) in 1978 and hospitalized in the naval hospital for an extended period of time (camp pendleton). he was offered the option for honorable discharge due to the severity of the wound and he took it.

the wound was left to heal by packing daily with dressings to heal. the scar left was approximately 12 inches from top to bottom - 5+ inches wide and deep enough to see his intestines in 2 places through his skin.

i can't find any articles on camp pendleton naval hospital tainted blood, do you know where i might locate on the internet.

looking forward to your responses.

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