[Mom Needs Help]

I think this post was answered somewhere else-

Sharon asked how long he was getting the 100% comp rate and I asked if he had been a Vietnam Veteran (incountry)

100% SC for ten continuous years establishes DIC under 38 USC 1318.

Sometimes a survivor can prove a "hypothetical" entitlement to DIC under the ten year rule- by proving with medical evidence that the VA should have rated the vet 100% SC for ten years prior to death.This is very difficult to do and the details of that type of claim are within 1318.

Newly discovered service records have been used to challenge DIC denials through the hypothetical entitlement theory.

As well as CUE claims on past denied or unlawful reduction claims ( affecting the continuous 100% P & T status)

However in this case-unless the vet was 100% for ten years preceding death or the DMII and complications that caused death were from proven exposure to Agent Orange-

it would be difficult to associate the leg disability with what is on the death certificate.

A SC disability does not have to directly cause death but if listed as a contributing factor to death, then the VA should award DIC.

Only an independent medical opinion could possibly prove there was a nexus between this veteran's death and his SC condition.

It is possible that his inactivity due to SC knee problems caused him to develop hyperlipedimia ,lack of exercise and diet problems and other conditions that are consistent with diabetes.

But only a medical opinion that spells this out clearly would possibly help to award DIC unless he had the 100% in affect for ten years (or the widow could prove his rating should have been 100%)

If the widow considers getting a medical opinion, the opinion might be quite costly but it could cover the ten year potential as well as direct SC death due to SC contributing.

An independent physician should have copies of the SMRS , and all medical records as well as the Death Certificate.

Was an autopsy done?

Autopsies can often reveal more details that can add to direct service connection of death.

my mom really needs this income i am prepared to get an independent doctor to tie the diabetes to his death .now if he had diabetes at the same time he was getting rated 100% can i say they should have included the diabetes when the rated him.he became 100% oct 04 and can you refer us to an lawyer and a doctor who can handle the nexus and can i go back and get the dc to include his leg problems

[Dic Benefits For Mom]

How long had your father been rated at 100%?

oct 2004

[Dic Benefits For Mom]

An important question from Sharon and

did he serve in Vietnam during the War?

no the korean era

[Dic Benefits For Mom]

my father died april 08 he was 100% DV my father service related injury was a fractured leg and a total knee replacement.my father couldnt get around at all he couldnt walk or even do the basic exercise he developed diabetes which lead to heart problems and kidney problems.i applied for benefits for my mom they are asking me to prove that his death was service related. His death certificate reads heart failure ,kidney disease and diabetes how can i prove the leg problem lead to these problems

[Mom Needs Help]

my father died april 08 he was 100% dv my father had leg fracture and total knee replacement he could not get around at all and had diabetes, he developed heart problems and kidney falure i need to prove his service related injury the(leg) CAUSED his death please help