SonOfJohn

Thank you for your assistance as always. My mother has filed for the accrued benefits (same day as the DIC claim was filed) With regards to the 1151 claim. My father was working with RawlsMcNelis law firm for several months prior to his death. Sadly, I was only able to get his Houston VA medical records the very evening before he passed. (spent most of that night scanning in over 1400 pages covering the past 6 years) This firm has a copy of the records and to my knowledge is still going through them. Recently we have also acquired his records from the Ann Arbor VA when my parents visited me in Michigan in early August 2016 as well as private care radiology records from Conroe Regional hospital (VA approved for emergency treatment) and Dr Dasgupta's notes from Millennium Oncology when he was in the clinical trial following his being told he had lung cancer. I'm hoping these latter two can be used as IMO especially Dr Dasgupta's notes since he was the one recommending John get Chemo immediately after he was removed from the trial. I am still awaiting the medical records from Conroe Regional which should provide the exact date when my father was told for the first time he had cancer. Once I have this, I will have the complete picture of my father's last few years prior to his death. I'm hoping with this RawlsMcNelis will be able to build a solid case. Question, Is it best to have have 1151 filed by the law firm on our behalf or should it be filed by us independently just to get it into the system sooner? I don't know if there's a statute of limitations.

Spoke to TVC and the Veteran's Advocate today at the VA office. Found out a few things: 1) Apparently the death pension and DIC are mutually exclusive. (I though my mother would be able to receive both) 2) The AO lung cancer claim will ONLY back date as far as the date the claim was made. (in my father's case, this is just one month) I believe that since the VA did not disclose his cancer to him (he was informed by a private physician) it could be legally argued that the first time cancer appeared in his VA medical records would be the first time he WOULD HAVE filed for AO Cancer benefits and that the paid benefits should be back-dated to that time. In addition, My father has been applying for AO benefits since leaving the service related to skin conditions. These claims were denied. I'm not sure if/how this plays into the equation if at all. 3) TVC advised 1151 form claim (for denial of cancer treatment by VA AND in community care) would be best handled by an attorney. The biggest anticipated argument is that the VA would claim that when discovered, the Cancer was already too-far to be treated. However, since my father was under intense medical observation as a result of his heart operation in Sept 2015, it is unrealistic that cancer IN THAT AREA that was too severe to be treated would have gone unnoticed. I am still unsure if there is a way to claim AO benefits separate from DIC. I would think this would be easier to argue once the AO/Lung cancer claim is approved and paid. The VA Advocate advise sending the Non-VA bills to a specific address (I believe in Mississippi) My mother has this address.

The TVC rep said it doesn't look like there should be any problems with the claim. I told the Private Oncologist my concern about it being respiratory lung cancer and he said My father HAD to have that in order to be considered for the trail they were running. In my father's last weeks, the cancer spread FROM the lungs to other areas, but it originated in the lungs. (I believe right upper lobe if i remember correctly)

Berta: I spoke with the private doctor that was giving my dad the immunotherapy trial (very nice guy. He has worked with the VA before and is now in private practice) When my dad was taken off the immunotherapy trial after the first dose showed no results, this doctor said he needed to start chemo immediately. We made the consult request, through the va primary care, but nobody would approve it. I have requested the medical records from this doctor. I also found out that another patient in the trial who was taken off at the same time as my father for the same lack of improvement. This patient was able to get on Medicare B, got chemo and is now not only still alive, but improving. The VA screwed up my father's medicare B when he required emergency surgery to repair an aortic dissection in late 2016. The VA hospital referred him to St Lukes and provided paperwork that they would pay the entire bill. This paperwork got held up so Med B automatically kicked in and my parent's got sent a bill for the remaining balance. The VA said in order for them to pay the 100%, my father would have to reject Med B...which apparently rejects it not just for one procedure, but you can't use it until the next enrollment period and then have to be approved again. Therefore, my father was not having success with immunotherapy, The VA screwed up his medicare B, refused to provide him chemo treatment at the VA or through the choice program to a private doctor already familiar with his case and who strongly recommended it.

The Cancer was stage 4 when My father was made aware of it. My understanding of the medical records is that the cancer originated in the lungs and spread to other areas. The last MRI scan he had showed the cancer had spread to the bones around the spine and hip area causing tremendous pain.

It appears I have been inaccurate with regards to the law firm. The Law firm was only looking to get my father Cancer treatment (malpractice with regards to FINDING the cancer) and has not in any way looked to see if there is an AO connection. I should also clarify that ONLY my mother has a POA. I'm not sure what you mean by "respiratory" lung cancer (I didn't know if came in any other form) I assume this means that the cancer originated in the lungs and did not come from somewhere else in the body is this correct? what is required to prove this? My father's last date on his DD214 is 18-Jun 71. I'm not sure if that's his last date in Vietnam,

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

Thank you to all that have posted. My name is George and I am John's Son. I have been helping my mother throughout this process with care of my father and VA paperwork. She has asked me to take over here since she is not emotionally ready to cope with the paperwork required. I was able to get (after MUCH waiting and poking) My father's complete VA Medical records (from the Houston VA) from 2012 to current. I am also slowly going through paperwork he kept about rating decisions and history. My confusion is that how one can have a claim on more than 100% disability. My father received a letter from the VA dated Nov 4, 2012 stating he was "Determined to be a Vietnam-era Herbicide-exposed Veteran" and "100% service connected" I would think that this would entitle him to have received (or my mother to receive on his behalf now) back-pay compensation from the time of exposure. My mother informed me John applied for Agent-orange compensation immediately after having been discharged in 1971 , but was denied. Any thoughts?