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.

I have a Claim for Cause of Veterans Death & TDIU. My husband was 90% SC at the time of his death in 2004. He had applied for TDIU & reopened claim for Hep C. but that claim was not decided until after his death and was denied. I refiled as the widow and was denied. I appealed the decision, had a BVA hearing in March 2008, in August 2008 was awarded the TDIU and claim for cause of veterans death was remanded. Remanded stated that they were to try to locate the STR from service and also get a medical opinion to opine if any of his SC conditions contributed to his death. I received a letter stating that they could not locate the Service Treatment Records from when he was hospitalized in Nam after trying 3 times. (Husband had Hep C and had a Liver Transplant in 2002). He was hospitalized for 6 weeks in Quin Hon and had blood transfusions. He was SC for PTSD, Diabetes Mellitus type II, PN, Gunshot wounds. He was boots on the ground vietnam vet with purple heart, air medal etc. His death certificate stated cause of death was Multi System Organ Failure and Sepsis. (he had chronic renal insufficiency secondary to DM in 11/03 he was on insulin & restricted diet) My claim was sent for a medical opinion in August 2009 and has been sent back 4X for medical opinions. the latest being Feb 24, 2010. Yesterday I went to the VAMC to get a copy of his medical records and the opinions and now I see where the problem is. Medical Opinion Sept. 2009. the relationship of the veteran's Hep C to his military service is speculative. Service connected disability listed. the only one that could be considered as contributing to the veteran's death is his diabetes mellitus. Nov 2009 see exams 9-09 with explanation/rationale and cfile reviewed. Feb 2010 the degree of contribution of his diabetes mellitus to his death is speculative. Feb 2010 Claim Back again for heart condition.(he had a AMI with left branch bundle block before he passed away) so now I guess they want his opinion on that. My question, Does the Doctor have to give a rationale for his opinion? Should I get another medical opinion and submit to AMC with more rationale? I have 3 medical opinions from his Physicians who treated him for over 8 years. stating that the Diabetes did contribute to his death and one stated that all though diabetes was not listed on the death certificate it is well document thru out his treatments. I have hospital ICU records showing his blood sugars some over 300 and all over 180. Also have a Veterans Affairs study stating that even mild hyperglycemia was associated with as much as a 15-fold increased risk of death in study of ICU patients and a correlation between hyperglycemia and renal failure and sepsis. This study was done at VA medical centers. Thanks for any help.

Congratulations! What a great feeling that must be! My claim for DIC was started in 2004, denied, and sent to BVA in 2006. Claim was Remanded to AMC in August 2008 and as of December 18th it has been with the Rating Board waiting for a decision. I know what you have been thru and I'm so Happy for you.

Berta, Thanks for the reply, I thought it would be frowned upon but I would certainly not try to pressure the doctor. Do you have any thoughts on the Acute Myocardial Infracture with left branch bundle block? I do have all the EKG's and doctors notes from the hospital but do not want to open another can of worms right now. The VA allready has the doctor's reports with the diagnosis of the Acute Myocardial Infracture and I know that it has not been set in stone yet. My thinking is to let my claim progress and if I do get a denial from the AMC then I will send this information in to support my claim. Any replys would be greatly appreciated. Thank You

VetsLady, When you find out what the doctor says about the incomplete left bundle branch block Please let me know. Thanks

Hi, Just wondering if anyone with a DIC claim that went to a vamc for a medical opinion ever contacted the Doctor who was reviewing the file to give a medical opinon. My DIC claim was remanded in August 08, In August 09 it was sent to the VAMC for a Medical Opinion, AMC received the medical opinion September 09, In November 09 it was sent back to the VAMC because the Dr. did not Sign stating that he had reviewed the C File, December 09 it is again being sent back to the VAMC for what I do no know yet.( this makes 3 times claim has been sent out for review) If I know the doctor at the vamc who is reviewing the file for a medical opinon and I can get in touch with him is it possible to talk to him about my claim or is that not allowed by the VA. Also I do have documentation that my husband had an Acute Myocardial Infracture with a left branch bundle block but I do not want to file for this yet as I was told it would slow my claim down. I'am thinking if they deny my claim on remand than I will have this to fall back on... He is a Vietnam Vet, Boots on the Ground and was SC for DB and PN among other things prior to his death. Thanks for any info

Yes, Hep C connected with GSW~Blood transfusion~In the VA Deinal back in 2003 they stated that "Although there is evidence that you suffered an injury to your left upper extremity, there was no evidence of the need for blood transfusions". However they tried 3 times to get the in hospital service records and could not obtain them. So not sure what they were basing this statement on. Mike had stated that he did receive a blood transfusion. My representative stated that Mike was hospitalized for 6 weeks and had to have skingraphs which he is service connected for. The Medic who served with Mike wrote a signed statement stating that. yes he had served with Mike and gave the action reports on the day Mike was shot, he also indicated that they all shared razors & toothbrushes, that he had treated Mike for Jungle Rot, He had treated several other guys including Mike for Hepatitis and all had become quite ill, he believes they got it from the Coke Girls. It was a 3 page letter and he is an Attorney so it was written well with all the pertinent information about himself as well as his service with Mike. Yes DMII is linked thruout the case ~ Insulin dependent, and had to take injections 2x per day, this was also linked to his immune system not being able to fight infection among other things and I have doctor statements linking DMII to his immune system and other problems but not to the Hep C. Severe Anemia, Thrombolycist, myelodysplasia, edema, cellulitis, neuropathy, chronic renal insufficiency, soft tissue sarcoma. are other medical problems related to my case.. No I did not obtain a IMO, honestly I did not know that I could or should have. If they deny my claim would I then be able to obtain a IMO or would it be too late? Hope I spelled everything correctly new to this and cannot find the spellcheck.

Yes, Hep C connected with GSW~Blood transfusion~In the VA Deinal back in 2003 they stated that "Although there is evidence that you suffered an injury to your left upper extremity, there was no evidence of the need for blood transfusions". However they tried 3 times to get the in hospital service records and could not obtain them. So not sure what they were basing this statement on. Mike had stated that he did receive a blood transfusion. My representative stated that Mike was hospitalized for 6 weeks and had to have skingraphs which he is service connected for. The Medic who served with Mike wrote a signed statement stating that. yes he had served with Mike and gave the action reports on the day Mike was shot, he also indicated that they all shared razors & toothbrushes, that he had treated Mike for Jungle Rot, He had treated several other guys including Mike for Hepatitis and all had become quite ill, he believes they got it from the Coke Girls. It was a 3 page letter and he is an Attorney so it was written well with all the pertinent information about himself as well as his service with Mike. Yes DMII is linked thruout the case ~ Insulin dependent, and had to take injections 2x per day, this was also linked to his immune system not being able to fight infection among other things and I have doctor statements linking DMII to his immune system and other problems but not to the Hep C. Severe Anemia, Thrombolycist, myelodysplasia, edema, cellulitis, neuropathy, chronic renal insufficiency, soft tissue sarcoma. are other medical problems related to my case.. No I did not obtain a IMO, honestly I did not know that I could or should have. If they deny my claim would I then be able to obtain a IMO or would it be too late? Hope I spelled everything correctly new to this and cannot find the spellcheck.

Hi Berta, Nice to meet you! Thank you for replying Death Certificate listed, Multisystem Organ Failure, Sepsis, Hep C liver failure, post liver transplant. and no autopsy was done. He was on a breathing machine for all of his final days and his red blood cell count was the lowest they had seen at the hospital. the doctors asked me if they could do a bone marrow biopsy. I hesitantly agreed as I know how painful they are but we had to find out what was going on. The Day he passed the bone marrow biopsy reports came back positive for Leukemia. Long story short. the Dr. who signed the death certificate was a new Dr. on the Transplant team and had not seen Mike prior to him being admitted to ICU. (which I told the BVA Judge) He had so many doctors!! I did get Letters from the Head Dr. of the Transplant team as well as two other doctors, all of whom treated him before and after the Transplant and lots of medical evidence. Anyway today I went back and looked at the denial for the Hep C. and they stated they had medical evidence from 1969 to 1971. But that was not true, as they could not find the hospital records from Nam and still can't so, I guess that is where the CUE comes in. (not sure) only met my representative the day I went to DC for my BVA hearing. Long story short. I called the 800# today and guy told me that it had been rated and was at Post Determination. Do you know if they would send me a SSOC. before it went to post determination, or is that where they generate a SSOC from. Also, first he said they had to send it to authorization, then he corrected himself and said if it is an award they would have to get it signed off. (maybe he is seeing something that he cannot tell me about, not sure trying to read into this!!!) and I would receive a Notification Letter after a decision is made. He tried to see if a Notification Letter had been sent but system was down. My thinking!! Ha Ha.. is that if it has been rated then they have made a decision. BVA instructions indicate that if a decision to grant cannot be made then to send the claim back to BVA. (Sorry hard to put into words hope what I'am asking makes sense) Mike fought so hard and so long with this illness and the VA I hope I win. this fight is for HIM!! anyway any thoughts on this!!! Thanks

Hi, I have been reading the forums for a while and thought I would post a question concerning DIC. My husband a Combat Wounded VietNam Vet, passed away in January 2004. When he passed away he was rated 90% Disabled and had a claim in for TDIU (which he had filed in March 2003). In March 2004 I received the decision which denied his TDIU. I as the widow filed a new claim for the TDIU and Cause of Veterans Death in March 2004. Needless to say it was denied and I appealed it. I had a hearing before a BVA Judge in Washington DC in March 2008. In August 2008 I was awarded the TDIU claim with back pay to March 2003. and the Cause of Veterans death was remanded to search for the hospital records and a IMO. My husband had filed a claim in 1997 for Hepatits C. It was denied BUT....they had tried 3 times to obtain his inservice hospital records from where he had been shot & was hospitalized for 6 weeks in Nam but could not locate them. My representative at the hearing claimed CUE and gave them several other places to search for the records. I also included buddy statements from the medic who served with him. Now my claim is at the Post Determination Team waiting on a decision in Huntington WV. I have contacted my representative and he says maybe 4 to 6 weeks more of waiting. I do know that they could not locate the Hospital records, they have tried 6 times from my original RO and Huntington. I have submitted all types of medical records from his Doctor and the Transplant Team where he had his liver transplant. He was SC for DMII, Neropathy, Gunshot wound & PTSD.I was just wondering what it means that my claim is in Post Determination waiting on a decision.. Thanks for any help