Pansy Peacock

You ROCK! I'm on it. VSO only in office W/T/F. I'll be there when he gets in Wednesday. I'll let you know how it goes, Again, You folks are fantastic. Thank you!

Good thoughts, Thank you. Yes there are quite a few items missing from the evidence list that I had included. Glad you guys are here, so much good information, So grateful!

Yes, I still have not received the amended death certificate, so that should help, although I'm going to send in the Form 9 now and will send the amended death cert. when I get it. Seems they'll only amend part 2 with the anticoagulation, PD, hypertension and PTSD but hopefully that'll be enough. I hope the accrued benefits part of the 21-534 is not going to be "deemed denial" BroncoVet referenced and that they just jumped the gun. Whether he was service connect for his death isn't relevant as to whether I should get his accrued benefits. Except for his Primary Care Physician and his medication I kept him away from the VA hospitals. He had had a not so good experience and he would not know who his surgeon would be as he wouldn't know when his veins/arteries/heart were going to be an issue so it was almost always emergency situations. We were lucky that we found a local surgeon who would be there for my husband when we needed him. Good man! Because of him and his efforts my husband still had all his limbs and he knew how to get the VA to pay for his non-VA hospitalizations. I didn't ask for an autopsy. At the time the thought of him being cut on again just wasn't something I could do to him. Seemed kinda wrong after all the BS he had had to deal with and I was pretty much a "nut job" at that point. Not a good decision maker. He was service connect for PTSD and IHD and had claims in or on appeals for COPD and PAD secondary to his PTSD related smoking, and AO related Stage IV Parkinsons Disease. Before his file disappeared from my view it showed him service connected for COPD secondary to his PTSD related smoking, I used VAOPGCPREC 6-03; 69 Fed. Reg. 2517 (2004) as reference when I filed the claim and since the "medical examiner" opined that my husbands tobacco usage was likely the cause of his cerebral hemorrhage this would also apply to VAOPGCPREC 6-03; 69 Fed. Reg. 2517 (2004) and that would have made it a contributor to his death. I'm guessing that's why it's not addressed. . Pg 1 Denial SOC.pdf Last 3 pages SOC Denial.pdf

Thank you guys! Pg 1 Denial SOC.pdf Last 3 pages SOC Denial.pdf

Not sure I worded that title correctly. Anyhow... I received a denial on my claim for service connect for death of veteran and burial benefits. When I filed the 21-534 EZ my VSO had me include a 21P-530 Application for Burial Benefits. Before the denial for Service Connected Death it appeared they had been working the 21-534 EZ as part of the claim. According to my VSO, one of the claims had been granted and signed off on. After the denial for Burial and Service Connect there is no information in the VA file regarding the DIC or Accrued Benefits from the 21-534 EZ. Calls to Peggy are no help as the folks are unable to see where I had filed the 21-534 even though at one point they showed not only in ebenefits but in Vets.gov and the program the VSO's have privy to as well. After the denial for the Burial and S/C death everything just appears to have disappeared. Here's my question. I'm filing a Form 9 waiving regional office consideration next Wednesday after running it by the VSO gent, for some reason I'm not sure of. Am I missing something or someway to expedite this favorably. Is it possible to send it back to the RO and have them pull up the file and see they didn't finish the claim? Or maybe they did and just didn't put it on the SOC, whatever. I have little faith that they will do the right thing as the denial for the S/C death essentially stated they should have granted it as secondary for what my husband was already service connected for that they would have known if they had looked in his file. Also, the DRO signed off on the de novo saying he agreed with the rater, which strikes me as odd, I thought it was supposed to be a "new and complete review with no deference given to the decision being reviewed". Anyway, if either of them had seen the C-file service connection would have been granted. Accrued benefits would have not been affected whether his death was service connect or not so it should have at least been addressed. Any thoughts?

I have downloaded the form to get the relevant information on his death certificate and will mail that as soon as I know what the VA decision is and if it's needed. There was no other information on the VA denial page other than them needing the death certificate showing cause of death. Which they actually have. But now have two more. One mailed return receipt with signature and one thru the VSO. "Was the COPD service connected?" The VSO officer was able to see on his computer VA information, a few weeks ago, that the COPD had been approved and signed off on. If that is true it would seem that his PVD would also need to be approved as it was more than likely as not caused by his PTSD related smoking. The PTSD was 30% but should have been 100% from the get go but the information was not looked at. We appealed, were at the 5 year mark when he died. (Yes ma'am I did apply for substitution) In his appeal we were able to get an independent Psychologist to not only give a great IMO but he was able to actually get my husband to open up to him enough to put him more at ease about his PTSD problems, to not feel so guilty. He also referenced information on the original claim that the VA Psych.s C&P exam had stated issues that would have granted him 100% in the first place. The last 4 years of his life, my husband only left the house for medical reason's. Period. No one besides myself was allowed in. He would not go out and I rarely left him alone for more than 20 minutes. I had neighbor statements saying that in the last 3 years they had either never seen him or had seen him just the one time when the ambulance took him away. Also had one from the son of a gentleman, who's father lived with him in the house across from ours. His father had Alzheimer's and was prone to wandering over. He stated he feared that if his father had actually been able to enter our house on one of his many tries that he would have been harmed. I have no doubt it would not have turned out well. The Parkinson's claim was also on appeal as the C&P exam was a farce, it was very, very bad. I showed my husband's PC at the VA the examiner's DBQ and his jaw dropped. His PC not only put in my husband's file that he indeed had PD, he also referenced the private Neurologist report we had had done and stated that the C&P examiner was incorrect. The VA denial also stated, incorrectly that PD was not service connected because he did not show symptoms within one year of discharge. Clearly a rocket scientist worked on this claim. Almost as bad as not unfolding a death certificate. Again, I really appreciate you guys!

I should have said my husband also had peripheral vascular disease and had artificial veins in his leg and had blood thinners for that, also, which was secondary to his COPD caused by his service connected PTSD related smoking and inability to quit.

WOW! I wish the VA was as quick as you While the cases aren't exactly like his, the information to grant them for service connect would be relevant. Here are the citations a. VETAPP Citations Service Connect Granted Blood Thinner related deaths i. Citation Nr: 1625367 IHD leading cause of death in Stroke (CAH) Patients ii. Citation Nr: 1022184 IHD with anticoagulation caused fatal cerebral hemorrhage iii. Citation Nr: 1454619 Cerebral Hemorrhage Death, Warfarin Coagulant I'm in Florida and looked into what I would need to add to the wording on his death certificate as contributing cause and spoke with his cardiologist who said he would confirm that one of his blood thinners was prescribed by him if I needed it. His vascular surgeon also agreed because he was also on another one because he had artificial veins from his COPD caused by his service connected PTSD related smoking and inability to quit. So, I also included the following: VAOPGCPREC 6-03 (Service Connection for Cause of Disability or Death, 69 Fed. Reg. 25178 (2004) With respect to tobacco-related disability, for claims filed after June 9, 1998, Congress has prohibited the grant of service connection for disability due to the use of tobacco products during active service. 38 U.S.C.A. § 1103(a) (West 2002 and Supp. 2009). However, the VA General Counsel has held that neither 38 U.S.CA. § 1103(a), nor its implementing regulations at 38 C.F.R. § 3.300, bar a finding of secondary service connection for a disability related to use of tobacco products after service. VAOPGCPREC 6-03 (Service Connection for Cause of Disability or Death, 69 Fed. Reg. 25178 (2004)). According to the VA General Counsel opinion, where secondary service connection for disability due to smoking is at issue, adjudicators must resolve (1) whether the service-connected disability caused the Veteran to use tobacco products after service; (2) if so, whether the use of tobacco products as a result of the service-connected disability was a substantial factor in causing a secondary disability; and (3) whether the secondary disability would not have occurred but for the use of tobacco products caused by the service-connected disability. If these questions are answered in the affirmative, the secondary disability may be service connected. Id. And then I included these. I. a. Citation Nr: 1741745 Veteran’s COPD due to PTSD-related cigarette smoking b. Citation Nr; 1632854 Veteran’s COPD due to PTSD-related cigarette smoking c. Citation Nr; 1635253 Veteran’s COPD due to PTSD-related cigarette smoking Medical Research regarding smoking and PTSD i. Prevalence and correlates of heavy smoking in Vietnam Veterans with Chronic Posttraumatic Stress Disorder – abstract- Beckham, Kirby, Feldman ii. Improving Functional Outcome of Veteran Smokers w PTSD VA Study.docx – Improving Functional Outcomes of Veterans with PTSD and Tobacco Dependence iii. Clinical Psychology Review – Smoking, Traumatic Event Exposure and post-traumatic stress. Feldner, Babson and Zvolensky iv. Combat, PTSD and Smoking Trajectory in a Cohort of Male Austrailian Army Vietnam Veterans. O’toole, Kirk, Bittoun, Catts. v. Factors associated with smoking behavior change in UK military personnel – Occupational Medicine, Thandi and Fear e. EXTRA CITATIONS ALL GRANTING SECONDARY TO PTSD, SMOKING i. Citation Nr; 1511796 Veteran’s COPD due to PTSD-related cigarette smoking ii. Citation Nr; 1550139 Veteran’s COPD due to PTSD-related cigarette smoking iii. Citation Nr 1444646 Veteran self-medicating PTSD with smoking iv. Citation Nr, 1413894 Veteran’s COPD due to PTSD-related cigarette smoking v. Citation Nr; 1401524 Veteran’s COPD due to PTSD-related tobacco usage smoking vi. Citation Nr; 1313313 Veteran’s COPD due to PTSD-related cigarette smoking He also had Stage 4 Parkinson's, which really,really sucked when he had his PTSD episodes, and vice/versa! When I was going thru all the VETAPP citations I was amazed at how many men had exactly the same maladies as him. And stories. Tough read. Thank you again for you time and expertise.

Thank you for your responses. BOG was term my husband used for Boots on the Ground, Vietnam. Only wording on death certificate is in part I stating cause of death: Multi-compartmental hemorrhage with midline shift. (I researched this and one of the main worries for physicians prescribing blood thinners is hemorrhaging). I also included this research in the claim citing 5 separate medical resources and included 3 different VETAPP citations where cause of death was secondary to IHD related blood thinners. My claim, I believed, was bullet proof. I had a 4" binder with a table of contents, chapters marked, at least 3 citations from VETAPP tabbed with medical references for each disease and included a CD and a thumb drive with the same information so they would be able to use whatever means was easiest for them. I hadn't counted on someone looking at a folded piece of paper and deciding what size it is without unfolding it. I probably should have put instructions. To be very honest, I feel they were quick to resolve my claim even tho they erroneously denied it. 60 days. My husbands appeal was close to 5 years when he passed, and pwrslm, you are correct. My husband was a hero. Called White House, thank you guys for that, I didn't know it existed. Gentleman took my info but really seemed more concerned that IRIS didn't respond. Also, emailed IRIS with the info Mrs. Bertha gave me (thank you for that). Again, Thank you folks for being here. I've been reading the hadit forums for years and it has given me some very valuable information and at times was just good company

My DIC claim was denied saying that I failed to respond to a request for a "long death certificate" I never received a letter from the V.A. requesting a different death certificate. I received two different forms of my husbands death certificate. One was 8 x 10 other was 8 x 14. I had included the long form in a clear vinyl sleeve and I'm assuming the person deciding my claim did not remove it, unfold it and look at it. When I received notification April 5, I went to my DAV rep and he sent them another long form of my husbands death certificate, a SOC stating I had not received the request from the V.A. and a NOD for just in case. I have asked IRIS two weeks ago for any info with no response. Called Peggy a couple of times to be told they had denied my claim, checked eben's and vets.gov numerous times with the only information being my name. Does anyone here have thoughts on if my claim goes to the end of the line again or if someone will see the SOC and just do the right thing and follow through. He was service connected BOG Vietnam and his death was secondary to his IHD. Thank you folks for your time and this board.