Lzjump

Yes I did receive accrued benefits for the TDIU which they had calculated incorrectly and it was a separate check. Can I ask for a rating sheet for the Cause of Veterans Death? When I called the 800# , I told them the original ratings and that is what they still show, nothing changed. My thinking and I may be incorrect is that something had to change in the percentages when they granted Cause of Veterans Death which would have put him in the SMC percentages prior to his death and I should have been paid at the SMC rate for accrued benefits. Thanks Berta, once again you are a wealth of information. Sorry one other question, Were you able to get a rating sheet from the VA after they granted you Cause of Veterans Death?

I have a question hope I make this clear. I was awarded DIC back in June and received the back pay etc, in July I received a letter from the VA stating they were working on my claim. I assumed that it was for the IHD which I had pointed out several times while my claim was in appeals from 2002. Today I called the 800# and the lady told me they had no claim pending and did not show a letter being sent to me in July. My question, when my husband received award letters from the VA while he was living, they always stated the percentages for each disability, when I received my award letter back in June it just stated that Cause of Veterans death was granted. Would the VA have to give percentages to each disablility when they grant a cause of veterans death. Example my husband was granted 20% for DM II but when I filed for Cause of Veterans Death and had proof that he had renal failure and was in the hospital on dialysis for the renal failure due to Diabetes would that not have put him at the !00% for Diabetes and put him in the SMC catagory and given me accrued benefits at the SMC rate?. Also he had a acute myocardial infracture which would be IHD. When he was living he was rated @ 90% with one disablility rated @ 70% and the BVA granted TDIU @100% during my appeals claim. Wondering if I should persue this and would i fall under Nehmar. Thanks

Thank you for all of your kind replies and believe me I have learned the value of a dollar! Plan on tucking this award away for rainy days. I do have a couple of things I need to have repaired around the house and a few bills I need to get caught up on. My big treat will be a new computer! As all of you know, when you are in battle with the VA it consumes a good part of your time. My husband was at 90% and had filed for TDIU in March 2003, when he passed away in January 2004 the VA had not decided his claim, in March 2004 the decision came and they had denied his TDIU, I opened a new claim in March 2004 as the widow and received a denial in 2005. I appealed and my claim was finally heard at the BVA in DC in March 2008, remanded to AMC in August 2008 and decision in June 2010. I have been dealing with the VA so long I do not know what I'm going to do, I had allready began to prepare for a SSOC from the AMC but Thankfully that was not the outcome. Thanks again and I do plan on hanging around.

Just received my decision in the mail today. Claim for Cause of Veterans Death was granted back to February 2004. (Total grant of benefits sought on appeal). Just wanted to thank everyone for all the support and a special Thanks to Berta, she gave me a little pep talk and some great advice. I was getting pretty depressed as my claim seemed stalled. The VA had sent for a medical opinion last September and had gone back and forth for medical opinions for a total of 6 times. I, myself had gotten 5 medical opinions from my husbands treating doctors and my decision stated that the treating doctors medical opinion tipped the scales and I was afforded benefit of the doubt. They also noted a clear and unmistakable error on a previous grant for TDIU so I received an earlier effective date. Now I can finally jump for joy, it has been a long hard road but well worth it.

Congratulations!

Well, here we go again! Claim is "Secondary Ready for Decision", so I will wait and see what comes of this, but at least I know it is moving. Hoping that everything is there for a decision one way or the other, and does not have to go back for another medical opinion.

After going back thru my papers, I did receive a VCAA notice in August 09 when the VA informed me that after several attempts they were unable to locate the STR's from his 6 week hospital stay in Nam. They asked me if I had the records and of course I do not. You are correct this is on a Remand and my IMO's indicate that DM was a cause for his heart problems and that he also had IHD. So hopefully that is what they are trying to connect. The death certificate states sepsis & multi system organ failure. I pointed out that his kidneys had failed prior to his death and he was on hemodialysis due to the DM. (the doctors also stated this in the opinions). If they agree that IHD was a cause of death will or should they notify me that there is a stay on my claim until the new regulations are posted? Thanks again for all the help, I NEED IT!!!

teejay, I have a claim in for DIC also, my claim has been sent for a medical opinion 5 times, not sure if this is a good or bad thing. My husband also had Hep C and had a liver transplant in 2002. He was a combat wounded veteran with a purple heart. They cannot locate his service treatment records from his 6 week hospital stay in Vietnam. All though he was service connected for other things he was not service connected for Hep C. This is also on a remand from the BVA because we were never told that they could not locate the medical records and they denied the Hep C claim. No expert here just letting you know I am on my 5th medical opinion.

Gosh, I do not know how long this will go on! Since my last post in March, my claim for Cause of Veterans Death was returned to the AMC and once again it was sent out for another Medical Opinion this month which makes the 5th time they have requested a medical opinon. I have submitted 2 more IMO's from his treating doctors since my last post, both agree that his DM II was a contributing factor in the cause of death and also state that he had IHD. (all the proper VA lingo was included in the IMO's so there would be no speculation when it gets to the raters desk) The hospital discharge summary on date of death indicates that he had an acute myocardial infarction with left branch bundle block. I have read the new regulations on IHD and the regulations state that it includes acute myocardial infarction. When I sent the last IMO in I pointed this out to the AMC. I also requested to be afforded "Benefit of the doubt" since the prior VA medical opinions were purely speculative with no rationale and did not agree or disagree with the claim and that both treating doctors confirmed without any speculation that DM was a contributing factor in his death supported by lab reports, hospital reports etc. These reports also indicate that he had End stage renal disease and was on dialysis secondary to the DM, he was on a restricted diet, restricted activities and taking both oral meds & insulin to control the diabetes ( I pointed this out also since he was only rated 20% for the DM but due to the increased problems he would have been rated higher if he had survived). This claim is driving me crazy and wearing me down now! I wish they would decide one way or the other so I know where I stand it has been with the AMC since August 2008.

BVA hearing in March 2008, Remanded August 2008, 20 months and waiting.

*BVA remand stated "forward claim to a medical specialist for review and: opine wheter any service-connected disablility or disablility related to the veteran's service was the immediate or underlying cause of the veteran's death, or etiologically related thereto: if not, opine wheter any service connected disablity or disablity related to the vetern's service contributed substantially or materially to such death, combined to cause it, or aided and lent assistance to the production thereof; in so opining consider the collective effect of the vetern's service connected disablilities and all other disablilities related to the vetern's service and whether, as alleged, they might have debilitated the veteran to such an extent, he was unable to resist or fight the symptoms of his nonservice-connected disablilities: and provide detailed rationale with specific references to the record, for all opinions provided. I feel that those instructions are very clear, to the point and hopefully will assist me in this claim. What do you think about the remand? Thanks for any assistance.

Berta, Thank you for your reply. I have not received a decison from the AMC yet! My claim keeps going back to the vamc for medical opinions. The vamc Dr will not give a straight answer just speculates with no rationale. That is why I asked if the Dr. must give a rationale for his opinion. No Autopsy done. Medical records do show End stage renal disease secondary to DM I have submitted all medical records and doctors opinions with lab results, ICU records etc. everything is well documented. My IMO's were from his personal doctors who treated him. He was not seen at the vamc for anything other than C&P exams etc. I did get all the records vamc had yesterday which is no more than 10 pages. When I received the VAMC medical opinions I was kind of shocked, thought there would be more to it than what it was. all opinions are one liners with no rationale, what you see in my first post is all they state and this has been going back and forth since August 2008. I really do not see how they can take his medical opinion and grant or deny my claim as they have nothing to go by except that he speculates and gives no rationale for his decisions. As far as the Hep C is concerned I have buddy statement who was medic with my husband in Nam and he states that they often shared razors & toothbrushes, that he treated him for Hepatits while in country. Also he was in combat blood to blood contact, was in a fox hole for 3 hours with other dead and wounded until they could be safely evacuted. All of this is well documented also. They denied it first time stating that medical records from 1969-1971 do show treatment for gunshot wound but did not show a need for transfusion. (but they could not locate the medical records so where did they come up with that) and since they cannot locate the medical records from the hospital and have tried 3x to do so I would think benefit of the doubt would have to come into play somewhere. BVA Judge ordered them to search again for the medical records and opine on the HEP C. What would be your next course of action if you were me? Any advice is welcomed.