Berta

This AM the post by Tim re PTSD and heart disease caused me to think abut one of my claims that I seem to forget. Does this make sense- Rod's Sec 1151 claimed PTSD malpractce as well as possibly heart disease and strokes-malpracticed against him that could"eventually cause my death." His words- awarded posthumously by VA- by their statement that " Multiple Deviations in a usual standard of care had occurred and all of these deviations hastened the veteran's death." Sec 1151 award letter. He claimed the PTSD was malpracticed for many reasons- substantial ones with merit and also said to me before he died that, in essense-His SC PTSD had put him into harm's way as he was forced to go to VA for med care as there are no PTSD shrinks around anywhere else. He died never knowing his claim was awarded. I have a current claim in addition to AO death claim due to PTSD a service connected disability as contributing to his death. I also have a claim suggesting the the PTSD compenent of his initial Sec 1151 claim was an open issue, never resolved by VA. They sent me a letter on this stating that the PTSD was in fact one compenent of ALL deviations,in the Sec 1151 award.Thus this PTSD 1151 issue had been resolved (By their very first admission in a decade hat PTSD was part of the Section 1151 award. In addition to other evidence to support this specific claim (although my main focus has been on the AO death claim) the VA re-opened an old claim via a Motion at the BVA on this same issue-(I think) My question is- the VA is saying that a SC condition (Rods PTSD) did contribute to his Sec 1151 death. It certainly caused his HBP to raise. His HBP -undertreated medically -was also a significant factor under FTCA report -in his death- Why would a direct service connected disability -with this medical contribution -not provide for a Direct SC death? As I understand the regs and the NVLSP explanation of them- a SC condition must materially or substantially contribute to death-and that it aided or lent assistance to the production of death. In Rod's case he got the employee shrink for 5 years- no PTSD help there- and no medications for all those years. It took congressional intervention to get him to the real PTSD shrink- a real psychiatrist- He was denied access to the combat group because he was only 30% yet SSA award showed he was 100% 3 years before he died. His other VA employee shrink said "My God I had no idea he was that sick from PTSD"after 5 years of inadequate and unmedicated care. when I showed him the 100% award letter. The fact that the VA admitted in Jan 2006 that the PTSD component had contributed to his 1151 death- as a direct SC disability-would this not have credence that his death should have been directly service connected? I am still wondering about that Motion they filed at the BVA and just dont have the time to check it out- The VA treated Rod as employee not a disabled veteran- this is one reason he was given sudafed for a heart attack and not admitted to the VAMC. M21-1 doctors directives at that time stated (and I used this in my FTCA claim) to get the employee back to work ASAP- Had his care that day been as treatment of a SC vet- things might have been different. Any thoughts? My AO claim has much more evidence than this one- I filed this because I cannot forget some of Rods points-PTSD had in fact put him into harm's way. If this all doesn't make sense please let me know. I seem to have more problems in my claims then anyone elses- they are still very emotional to me. It appears VA is working on this claim too.

The Nation's #1 Independent Veterans Web Site Click here to make VA Watchdog dot Org your homepage VA NEWS FLASH from Larry Scott Printer Friendly Page VA SUSPENDS MEDICAL RESEARCH AT SEVEN CENTERS IN WAKE OF LATEST DATA LOSS -- Secretary Nicholson expresses anger with VA researchers who disregard data security rules. Story here... http://www.mercurynews.com/ mld/mercurynews/business/16716558.htm Story below: --------------- VA to suspend some medical research after computer data breach WASHINGTON (AP) - Veterans Affairs Secretary Jim Nicholson has stopped activities at seven specialized research centers across the country after an unprotected computer hard drive disappeared from one of the facilities in Alabama last month. In an internal memo obtained by The Associated Press, Nicholson called the department's latest data breach ``tragic'' and ordered the VA's Research Enhancement Award Programs to shut down until they are certified as meeting security standards. The research centers focus on studies involving large amounts of data. The center in Birmingham, called the Deep South Center on Effectiveness, collects data for improving quality of care. Writing to VA's top management on Thursday, Nicholson also said the department would begin unannounced inspections at VA sites nationwide. ``It is now clear to me that there are still too many VA employees, both in senior positions and elsewhere, who either still do not comprehend the seriousness of this issue, or who consciously disregard its seriousness,'' he wrote. Nicholson has come under sharp criticism on Capitol Hill in the past year over a series of computer security failures that put sensitive personal information for millions of veterans at risk. In the latest incident, a backup hard drive containing data such as Social Security numbers for up to 1.8 million veterans and physicians was reported missing Jan. 22 from a research site in Birmingham, Ala. As a federal investigation proceeds, officials have remained tightlipped about the case. But in the letter, Nicholson wrote that the employee was a research assistant and the hard drive may have been stolen. The VA acknowledged earlier this week that the hard drive was not encrypted, a violation of the department's policy. ``This represents a failure of leadership in overseeing data security at Birmingham -- a failure that may be widespread throughout our Department,'' Nicholson wrote. VA officials have said the data on the missing hard drive, including for some 1.3 million non-VA physicians across the country, was being used for a study. Similar sites are in Portland, Ore.; Denver, Colo.; East Orange, N.J.; San Francisco, Calif.; White River Junction, Vt.; and San Antonio, Texas. VA spokesman Matt Burns confirmed the letter Friday. He said the security reviews would be expedited but that it is unclear how long the research would be interrupted. ``The benefits of any research must be weighed against the importance of protecting the information that's being used,'' he said. The Birmingham disclosure comes after a string of similar incidents recently, including the theft last spring of data on 26.5 million veterans from a VA employee's home in Maryland. In auditing the department's security procedures last year, federal investigators found weak management and lax rules. Nicholson said in August the agency would upgrade its computers with encryption technology, making data unreadable for unauthorized users. The department also recently hired an outside firm to improve employee practices. House Veterans Affairs Committee Chairman Bob Filner, D-Calif., said this week he plans to hold a hearing on the Birmingham incident later this month. Rep. Artur Davis, a Birmingham Democrat, called Nicholson's actions ``good steps'' but said the memo underscores the need for legislation strengthening data requirements at government agencies. --------------- from: Web www.vawatchdog.org FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in an effort to advance understanding of veterans' issues. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed an interest in receiving the included information for educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

The Nation's #1 Independent Veterans Web Site Click here to make VA Watchdog dot Org your homepage VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 02-17-2007 #1 VA Medical Malpractice Lawyer - Malpractice Cases for Veterans Against the VA - The Law Offices of W. Robb Graham, L.L.C. - Former Navy Judge Advocate click for more info VA Watchdog Stuff cups, hats, shirts click here to support the site Be sure to get all four VA Watchdog dot Org RSS feeds -- Daily VA News Flashes House CVA Veterans' News Senate CVA Veterans' News VA Press Releases -------------------------------------------------------------------------------- Bookmark this page: Printer Friendly Page VA SUSPENDS MEDICAL RESEARCH AT SEVEN CENTERS IN WAKE OF LATEST DATA LOSS -- Secretary Nicholson expresses anger with VA researchers who disregard data security rules. Story here... http://www.mercurynews.com/ mld/mercurynews/business/16716558.htm Story below: --------------- VA to suspend some medical research after computer data breach WASHINGTON (AP) - Veterans Affairs Secretary Jim Nicholson has stopped activities at seven specialized research centers across the country after an unprotected computer hard drive disappeared from one of the facilities in Alabama last month. In an internal memo obtained by The Associated Press, Nicholson called the department's latest data breach ``tragic'' and ordered the VA's Research Enhancement Award Programs to shut down until they are certified as meeting security standards. The research centers focus on studies involving large amounts of data. The center in Birmingham, called the Deep South Center on Effectiveness, collects data for improving quality of care. Writing to VA's top management on Thursday, Nicholson also said the department would begin unannounced inspections at VA sites nationwide. ``It is now clear to me that there are still too many VA employees, both in senior positions and elsewhere, who either still do not comprehend the seriousness of this issue, or who consciously disregard its seriousness,'' he wrote. Nicholson has come under sharp criticism on Capitol Hill in the past year over a series of computer security failures that put sensitive personal information for millions of veterans at risk. In the latest incident, a backup hard drive containing data such as Social Security numbers for up to 1.8 million veterans and physicians was reported missing Jan. 22 from a research site in Birmingham, Ala. As a federal investigation proceeds, officials have remained tightlipped about the case. But in the letter, Nicholson wrote that the employee was a research assistant and the hard drive may have been stolen. The VA acknowledged earlier this week that the hard drive was not encrypted, a violation of the department's policy. ``This represents a failure of leadership in overseeing data security at Birmingham -- a failure that may be widespread throughout our Department,'' Nicholson wrote. VA officials have said the data on the missing hard drive, including for some 1.3 million non-VA physicians across the country, was being used for a study. Similar sites are in Portland, Ore.; Denver, Colo.; East Orange, N.J.; San Francisco, Calif.; White River Junction, Vt.; and San Antonio, Texas. VA spokesman Matt Burns confirmed the letter Friday. He said the security reviews would be expedited but that it is unclear how long the research would be interrupted. ``The benefits of any research must be weighed against the importance of protecting the information that's being used,'' he said. The Birmingham disclosure comes after a string of similar incidents recently, including the theft last spring of data on 26.5 million veterans from a VA employee's home in Maryland. In auditing the department's security procedures last year, federal investigators found weak management and lax rules. Nicholson said in August the agency would upgrade its computers with encryption technology, making data unreadable for unauthorized users. The department also recently hired an outside firm to improve employee practices. House Veterans Affairs Committee Chairman Bob Filner, D-Calif., said this week he plans to hold a hearing on the Birmingham incident later this month. Rep. Artur Davis, a Birmingham Democrat, called Nicholson's actions ``good steps'' but said the memo underscores the need for legislation strengthening data requirements at government agencies. --------------- from: Web www.vawatchdog.org FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in an effort to advance understanding of veterans' issues. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed an interest in receiving the included information for educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.

Hoppy -these are some very provocative points you made- glad to see you back here- I think Nexus is everything in claims with PD diagnosis- what I mean is if the nexus to service is established and the inservice event would possibly be so severe to give anyone an anxiety disorder, PTSD, or depression,then the nexus itself can help support credible proper diagnosis that rules out PD. Those MMPI test and the other shrink tests can do this-I dont see how the VA can opine on a PD diagnosis without backing it up with proper test results- tests that could instead reveal anxiety, depression , or even PTSD and rule out PD. The established documented nexus in my opinion is often far more important than a lousy diagnosis- a lousy diagnosis can be changed with a better med opinion based on medical fact. A proven stressor never changes. I dont know if this makes sense-to anyone- the bad part is that the VA isnt going to seek and try to prove a stressor- a vet has to do this leg work themselves. It alarms me how many claims are at the BVA for SC for personality disorder. Many of these vets had SOs who should have told them right away that PD will not get SC benefits but perhaps a better and thorough psychiatric profile would as it could change their diagnosis to a diagnosis that VA would recognize. A PD vet I had -had no stressors- he almost got run over, he almost got injured at the firing range,he was scared of an incident that happened off the base , and had a newspaper report yet sustained no injury nor any documented shrink evidence as to how this bothered him and could not prove he was there at the time- (a movie house he was in caught fire and no one was hurt) He claimed PTSD. But the actual claim his vet rep filed was for service connection of the personality disorder. The vet rep even prepared an appeal based on fact that since this is not a disability for VA purposes that means that the vet should still get service connection. (HUH?) The rep forgot to file the appeal on time anyhow- "almost" anything is not a stressor. Perhaps the movie fire was but he could not prove he was there -he just had the newspaper report and no documentation whatsoever that he sought inservice counseling for nightmares he claimed due to this event. I really thought he would eventually reveal a stressor but they were all the "almost" stuff. I often wonder if he has held back a serious inservice event and really should have anxiety diagnosis but his SMRS and his statements reveal nothing like that.

Tim- in my opinion I would appeal the 10% with a NOD and then file a new claim too as to the heart disease caused or contributed to by the PTSD. I think I aswered this question here already- in any event- PTSD causing or contributing to heart disease is a difficult claim scenario - not impossible but difficult and this will depend on strong medical evidence of medical nexus from both a psychiatrist and then probably also a cardiologist too. There is plenty of medical evidence on the net and elsewhere that PTSD and any type of menal disorder like anxiety and depression can conribute to heart disease- the VA doesnt care about all that- they need medical evidence specifically to your medical situation with a full medical rationale as to how your PTSD has affected or caused your heart condition. The rating 10% is so low at this point that this is a factor- EXample: the VA in August 2006 -filed a Motion at the BVA to re-open a old claim I had that I didnt pursue.(BVA 1998) The claim was for PTSD contributing to my husband's fatal heart disease.I think they were forced to do this- The VARO last year (Jan 2006) inadvertently sent me a letter regarding my other claims but stated that my husband's PTSD treatment was one factor of "ALL deviations"in proper medical care in a Section 1151 award letter of 1998 which stated the VA had caused his death (in attempt to disregard one of my claims there as not a valid issue.) I pounced on this statement immediately as it supported one of my claims they had- a claim that I considered a weak one-the AO claim was much stronger-and I sent in the VSMs letter as evidence of that specific claim. Could I prove that Rod's PTSD caused or contributed to his heart disease? You bet I could- but it would possibly take more medical evidence in the form of IMOs, maybe not-with also the settlement findings of my FTCA wrongful death claim- and the fact that the VA has acknoweledged (Jan 2006 VSM letter)that this veteran died due to PTSD contributing to Section 1151 death. Maybe they will even award on that basis anyhow- that VA letter gave me enough evidence to support what they already had and this is a current and open claim I have pending there along with 5 other claims that are all in the rating board. The VA must consider any potential possibility for direct service connection. a vet should give the every reason they can to support SC. (or civilian widow like me) I presented to VA two distinct separate issues for direct SC death award. I keep forgetting the PTSD contributing to heart claim. The veterans PTSD was malpracticed on- per VA itself and also significant documentation from the med recs-and the VA as employer-and this contributed to his lousy VA medical care regarding his heart disease. Thus his SC PTSD contributed directly to his death. That is basis for direct SC death.I keep forgetting I have that claim there in addition to the rest and that they are working on it.I got this idea from a course I took re: parallel warfare- and realised that tactical warfare principles can apply to VA claims-give them two or three solid reasons that medical evidence could warrant a proper award. The regs do not prohibit that.

Speakout- I wonder why the VFW SO sent it to the VSO at the VA- I dont know what this is about but I sure have made some strong statements to the VA over the years via email , or snail mail- but I had plenty of evidence to back up what I said. We have to be careful these days- due to 911 and the fact that the world has certainly changed. As I said I dont know what your email was about-but the VA ,even if they perceive anything like a threat-will take action-and a vet rep should to- not saying you threatened them-at all- example- a vet friend of mine went to see his wife-she had surgery in a VAMC in Buffalo. He was stopped everytime he brought something into the VA- like first a snack for her, and then when she asked for some clothes from home for her discharge. He has PTSD and so many other problems he got very upset and this caused more problems with the security at the VAMC. He called me asking me to help him complain to our congressman but the reality was I felt the VA was absolutely right-and yet I sure know he would never bring in a bomb or anything. Freedom isnt free anymore- we have to be willing to give up some of our rights these days. My friend calmed down- he realised that- it was just all the BS he went through with VA (they almost killed him and I got him 100% on that horrible fiasco-and he was worried about his wife's care but the VA was excellent on her care and this is what made him so defensive when they kept questioning the snacks and stuff.

Absolutely Josephine- a great find- Thank you! When I asked the BVA for an immediate remand last year- I based my request on the VCAA violation -which would be rendered moot-had the VARO considered my IMOs ( 2 at that time) but I also included the third IMO which knocked down completely the VA expert- I didnt have any VA med opinion before getting the first 2- and Dr. Bash gave an additional opinion based on the VA doc that was neither cummulative or redundant- My POA had the audacity to suggest in email (their main office)last year to expect another VA medical expert opinion- a fishing expedition -prime facie- the VA however has not revealed any info whatsoever to indicate they will do that. I have the stuff and the $$$ ready to combat anything like this with another IMO that I discussed with medopinions. They can do it in a week. As it stands 1. VA opinion-with definite support in it for the AO claim but based on 3 med recs solely- and they denied based on this IMO.The autopsy and 6 years of med care were not considered. 2. 3 IMOs that are all probative and support the claim with full medical rationale (Dr. Bash stated that the VA doc had provided no medical rationale at all)-true 3. VA's own documentation that they caused Rods death due to chronic malpractice for over 6 years-so how can a VA doc's opinion have any validity at all- I had to get IMOs to provide "competent" medical evidence since the vet did not get "competent" care from VA. One more reason to have them acknowledge these IMOS. 4. considerable additional medical evidence I sent with extremely probative abstracts etc all specified to the veteran's autopsy and MRI etc. based on the same amount of study of cardiology and brain trauma that caused me to win my FTCA claim. all ignored by VA. If they claim they dont have it- therefore they cant put it on the scale.No BOD is even considered. The DTA regs are a travesty of justice for some of us and I refuse to accept this.

This is what gets me- The VA granted my husband 100% P & T SC PTSD posthumously for a three year period- sending me 2 years of accrued-the regs where for 2 years only at that time. He was totally disabled by the Section 1151 disabilties he had- that VA had caused. (documented) 100% for the 1151 stroke and th heart disease and diabetes has not ever been rated- Nevertheless- it is basic VA case law- 100% SC plus 60% or more SC (even under 1151)as long as this is an independent additional disability- equals SMC. (OGC Pres Op and BVA statements as well as M21-1 support this legal fact) My vet rep questioned this in an award letter a decade ago but did not advise filing a NOD-the VA stated they did not consider Rod eligible for SMC consideration.They stated ALL of their malpractice caused his death-but listed his 1151 stuff as 100% under NSC and did not formally acknowledge them further as Sec 1151 100% until they buggered my CHAMPVA but I got that squared away.I was pretty pissed at what they did then but then within a few hours I realised again they had out a foot in their mouths so I sent the CHAMPVA stuff and stuff from their VSM that helped fix it- as evidence for my CUE. The VA had formally acknowledged (in attempt to stop my CHAMPVA benefits) that the veteran was 100% or more under Section 1151. (that is not why I get CHAMPVA-that is due to the 100% P & T SC of PTSD. They are working on my CUE on this now- QUESTION- is a vet with TDIU actually supposed to also be considered for SMC with additional 60% SC rating? I think they are and I think some of you get SMC with TDIU- but now I am not sure- If the VA says you are not eligible for consideration for SMC and this doesnt seem right- based on your evidence you might want to challenge their decision and at least get a statement of why you are not eligible for consideration.

I suggest that you fill out and file the entire 21-534 ASAP. The application covers potential Death pension -if DIC is denied and your income is low and the vet was Wartime- (not served in war but wartime). SOmetimes the Pension is granted until the DIC is awarded and then I guess they deduct the pension they paid from the DIC retro. The application covers accrued also. I suggest and this is what I did- under remarks # 48 tell them or refer them to attached statement spelling out that you are re-opening the veteran's last claim in support of the accrued claim. On my app I re-opened two claims Rod had- one generated DIC retro ,the other the accrued amount. Also I suggest you download fill out and send form 21-530 rather then wait for VA to send this form- I recently got a call from a widow who I had sent the entire 21-534 packet too with considerable info as to how her husband's death by suicide could possibly be service connected.I sent this stuff almost two years ago only to find she never even opened the envelope. I focused on this DIC claim for 2 or 3 whole days- I knew this vet very well and could offer eye witness testimony for her claim. She never even sent in the form and now "needs money from the Army". She lost the date of death as the earliest effective date for any potential DIC- She lost any rights to accrued benefits. She doesnt even have an EED because she doesnt even have a claim. I sent her to a vet org.I cant help her anymore. We had a widow here at hadit claiming an EED of decades before the date VA gave her for DIC- She did not apply for DIC within one year after death. She applied many years after death. Her DIC date was retro to the date she filed the claim (the DIC claim) It will take medical evidence that the condition that caused his death should be service connected. Then VA will award DIC and somehow determine an accrued amount. They accrued 100% in my accrued based on two years (there was an accrued limit of 2 years in those days) of probative medical evidence that showed the veteran was 100% P & T SC due to PTSD for 3 years prior to death but the VA stated in the award letter correctly -that the regs allowed only the 2 year award. My DIC was awarded under Section 1151 -much different then yours -My present claim is for direct death due to service (AO)in rating board now- I had to prove the Sec 1151 award and also the accrued award with medical evidence.

This why I raised Hell in 2005-and continue to fight for my rights I still have the letters and emails to and from my POAs. When you are told by VA that your evidence does not even raise to the level to consider BOD and you have significant IMos and other medical evidence they dont even acknowledge- your claim is in the crapper- and if you have anyone like my POA -they offered no explanation of how this occurred after 2 DRO reviews -and my vet rep was present at each one- some wannabee even responded to me via email from the main state POA office that the Bash opinion was apparently not appropriate so this is why VA ignored it- They probably never had a claimant with an IMO from Dr. Bash before. Craig did not take this BS from some vet rep lightly-I sent him copy of it before he prepared his second IMO. In my case the FTCA report alone should award the benefit- along with the med recs- I mean VA could not even diagnose heart disease and strokes right- so how can some VA "expert" read only 3 med recs from the files and opine the veteran did not have diabetes. She did state Rod was a definite risk for DMII (based on the 3 1990 med recs) but failed to even read the autopsy showing conditions causing death due to diabetes- there is no other medical etiology he had that could possibly have caused these two concurrent disabilities- atherosclerotic heart disease and ischematic brain strokes -of a diabetic origin-there are many types-but I did much research on this- but for undiagnosed, untreated diabetes.Symptomatic and documented in med recs for 6 years. If the VA expert had treated him in his lifetime, based on her opinion-she would have commited malpractice and killed him too. I think I am actually used to VA crapola- they gave me all sorts of problems before I succeeded in my last claims- re-opens of the veterans claims- their denials always taught me a lot- this situation however has ramifications beyond VA- I actually thought I had good vet reps-but they do not even have a copy of my claims- the former rep handed them back to me- never made a copy- you would think I would have thought something was odd-but didnt-because he said -it all goes up there anyhow- and I had sent the claim to RO already-Jan 2003-then when I got the DRO review their rep at the RO ignored the first review and I had to prove that they held my POA- apparently the initial rep I had told them I was not represented by them (yet I was also working on some claims for him that he had -as a volunteer!) If the VA never gets your med evidence in the c file-meaning someone makes sure it gets lost or destroyed- it is up to you unless you have a real vet rep- to find what is missing and then send it in again- and again until they acknowledge it. I will get a resolve eventually from the VARO- but I am determined to get an explanation from my POA too- The salaries in their local office total over $100,000 per year and then the phone, fax, email etc- office expenses (my vet rep says his email didnt work and apparently his phone was broke too-he could only call the VARO and DROs for other claimants but not for me.) I await my IRS return info from my tax person and I know I will have to pay state taxes again. And when I pay them I am also going to find out why a state POA, based at VAMCs like this one in Bath, and handling many may vets a day,doesn't have a grasp on basic VA 101.

PS- forgot- I have been following the horrific death of Anna Nicole- it is heartbreaking to know- whatever feelings you have about her, that her son died days after her daughter's birth. They still have not determined cause and manner of death. Many of the professionals interviewed on the legal beagle channels have mentioned how the depression from her son's death might have been a factor in her own death- although the ME said the heart autopsy had only subtle findings- he based this on gross findings (ME talk for his eyewitness observation of the autopsied heart) other tests are being done on her tissues-heart, brain etc. It seems to me that the medical community always can suggest that emotional state can lead to or contribute to heart disease (dont know if Anna had heart disease yet and maybe not) but yet the VA itself will not recognise that association. WHy is it that many earthquake victims can die of fear-with a sudden heart attack yet the VA cannot see any association-with any mental disability and the affect on HBP and the heart? These claims can succeed but they do take lots of leg work and often take an opinion from a shrink with corroboration from a cardiologist.

Liz-are you an incountry Vietnam vet? has the VA definitely ruled out DMII? There are certainly many female Vietnam incountry vets who suffer from AO disability -this is why I ask- Any strong medical opinion could potentially state that your heart disease is etiologically related to your SC disability -or it is contributed to substantially by your SC disability- these claims are hard to win- but -with good medical evidence and a good IMO with strong rationale there is always a potential there for service connection. PTSD vets have had heart disease granted as secondary to their PTSD- and their HBP too- but they had unshakable professional medical opinions that covered all the bases and the VA could not deny.

Free -the DIC claim is dependent on the cause of death and how any SC disability contributed to that cause as listed on the death certificate. The accrued claim-part of the 21-534- is for any benefits "based on evidence in the file at death." ( VBM page 545) In Nov 2002 these regs were altered a little- even if the evidence was not technically in the veteran's c file at death- still if the evidence was in VA possession at time of death- this evidence can be used for accrued benefits. Accrued benefits due to the Bonny V Principi reg (I have claim filed on that reg) state that the surviving spouse should be given ALL accrued benefits due the vet in their lifetime (less whatever comp the vet got) They sent me 100% accrued less the 30% Rod got. They failed to send accrued SMC on his Sec 1151 claim and I await decision under CUE on that. I am not sure at all about filing these additional claims-and the DIC benefit is totally dependent on medical evidence that his SC contributed to his death. "We were advised in this group to go ahead with the lung cancer claim first -- and then file for the other claims - posssibly on CUE." A CUE can only be filed on a past denial- in which the appeal period lapsed-so a CUE could re-open those older claims-if they were denied containing legal errors. The legal errors would have to be stated. Duty to assist failures do not raise to level of legal error under CUE. There is plenty of info here at hadit on CUE claims. If they award DIC it goes back to date of his death.That service connects his death. Then they must determine the accrued benefit-and service connect the lung cancer as it disabled him in his lifetime and then rate it. DIC and accrued should be filed for within one year after death- CUES have no time limit. There is plenty for you to deal with already so maybe holding off on the CUEs is good idea.

The VA can deny the vet Benefit of Doubt without enough evidence to weigh- and of course if they do not acknowledge your evidence, there is nothing on your side of scale so they dont even extend this reg to you- that is what they told me- even though I had sent them plenty of evidence and 2 IMOs at that point. (meaning it appeared in the VA's decision at that time that my vet rep lied too) The VA allows 60 days to respond to a SOC- it took me years but by continually SOC responses in the 1990s I succeeded on my claims-these days my SOC responses-all with evidence and regs attached- were not even read- except one they said they were using for the formal I-9- I wrote back-No Way -and then sent them a formal I-9-with a statement of their illegal errors on page one of it- In the numerous submissions of the evidence they have failed to consider -in my case- I certainly sent them the BOD regs- 38 4.3 and 4.6 and even M21-1 statement from their own handbook as to how they are to follow these regs- I suggest that you do this too if needed and maybe in your case they will actually read what you send. I actually expect a proper decision this time- maybe I suffer from an illusion but if the rater looks at the remand request I made, the IMOs, and all of the medical evidence (and legal evidence from the FTCA case) I will succeed. Or at least I will get some VA crapola that I can counter with another IMO- All of the suggestions you are considering are very good- (just dont change your name to mine- so it all doesnt go into a shredder) I posted these regs etc in a prior topic.

Rich would know on that- I wouldn't touch that baby at all-in my opinion-(the Decision!) Cavman- didnt the VA send you the Chap 35 apps with the decision? I used the same one they sent me in 1997 and my daughter used the 1997 one for her enrollment too when she left the mil- they were in an old folder with the 1997 100% P & T posthumous award letter and VA had already put our names and c file numbers on the apps. This might help ----dont know- if the school is VA approved- my daughter still has some credits to finish with her Bachelors degree- she paid for most of this herself except for lots of credits from the USAF. Her tech school (DLI) was 2 years long - and she obtained other credits in her MOS and Clepped alot of stuff- She has already applied at my school (AMU) for her Masters and they already squared away her eligibility and entitlement under Chap 35.at the school- meaning when she starts her Masters she pays the tuition for the semester and will tie up with the same VA counselor at the school I had and they will have no problem sending her the tuition benefit. The benefit has already been established at AMU under Chap 35. One thing to keep in mind-well 2 things- I wrote to VA asking them some questions before she became vet- as to her Chap 35 benefits- so I could help her-I didnt have the mil extension regs- they sent me a very nice letter reminding me that my baby, an adult in the mil- was the only person who could write to VA about her VA benefits-not me- due to the Privacy Act. They were right of course- So I guess while your daughter is still under 18 the VA would be willing to advise you in her behalf- another thing- the student must keep up their GPA up and also must pay the tuition before the VA will process it as a refund- the length of the course comes into play- for accelerated 8 week courses they divided these payments into 2 checks- for the main 4 month courses- 4 checks-in my case- She will need to keep in mind that she makes the initial lump sum payment -then the VA sends her back the money-but one cannot predict how soon that will come. I got three VA checks once in 2 days-but had paid the tuition well over two months before getting them. Also she might even be eligible for Pell grants on top of the Chap 35- something to definitely look into- I should have -but didnt. I get a book grant from Marine Corps Assoc- this too would be good to know now if she is eligible for any book grants because the text books and CDs etc can be very expensive. Before you know it she will be ready for college.Good to think ahead.

WONDERFUL Cavman- this is great news- Are you getting SSA too- now is the time to apply for SSA and use the VA findings. It doesnt mean the SSA would be easy but if you dont get it now- it would pay to apply for it- SSA disability can be received along with VA comp with no offset- CHAMPVA has a web site and phone number for the form - Chapter 35 is a wonderful benefit for your dependents and I have used it-the VA has paid plenty for my education and I am very grateful for this VA benefit as well as CHAMPVA- this is a great decision with benefits to your whole family. RELAX Now and treat yourselves good when the retro comes! Berta

Free they used to whip out the veteran's last VA comp check amount from the checking account- ASAP- This happened to me- Things have changed but I believe you are entitled to the check for the whole month of his death-and I assume they have not attempted to recover it- as I understand this erratum in M21-1 -the most recent thing I could find- they should allow you the check for the month of his death. http://www.warms.vba.va.gov/admin21/m21_1/...4/chg216err.doc It seems to me that as I recall- the VA did withdraw Rods last check that came 2 weeks before his death-right from our checking account- but I dont think they do that now- Then when I was awarded DIC ,it went back to first month death occurred in so they did send it -----3-4 years later-

What I see is -based on that C & P- denial of the apendix cancer and the polycythemia based on the claimed benzene as etiology (cause) But I do see that the C & P noted that the polycythemia to some extent- was present during his service. I found this from: http://www.leukemia-lymphoma.org/all_mat_t...dp?item_id=9955 " What are the causes and risk factors associated with polycythemia vera? The cause of polycythemia vera is unknown. Polycythemia vera is called a clonal disorder because it begins with a change to the DNA in a single cell: all the cells that will dominate blood cell production are the offspring of the one mutant cell. The gene that causes the acquired genetic mutation responsible for polycythemia vera has not been identified. The change to the DNA in the cell has not been linked to any environmental cause. Most patients with polycythemia vera do not have a family history of the disorder. However, there are reports of familial incidence." ------------------------------------------------- I believe it will take an independent medical opinion to show any involvement of inservice chemicals to show them as cause of these disorders. Do you still have the BVA link? I could not find this case at all- The VA has certainly made awards for polycythemia but many of the denials at BVA were based on this disability as due to ionizing radiation or Agent Orange. I dnt know much about these cnditions but it there any other potential basis for service connection at all? Anything else in his MOS and duty that could have caused this? Appendix cancer is rare -per many web sites and I didnt find anything that inservice would cause this either- I sure dont mean you should give up -not at all- but there has to be a medical and documented linkage between the present disabilties and his service. The Benezene BVA case- it will not help the VA to determine his disability because it is specific only to another vet-but there could well be clues in there and even a private doctor's name- who might provide an IMO-based on your son's SMRs and his exposure to benzene since the claims are so similiar, I assume that claim was awarded, and I also assume that the BVA case was awarded on significant medical info from someone-as a professional- and more than likely not from a C & P doc.

Glad to hear the DAV did that- You will probably need a strong medical statement of support from the doctor showing the extent of the convalescence required. The regs are in 38 CFR 4.30 (2006) TDCC temp 100% can be as little as one month comp to three months comp- but the vet can also ask for an extension -to total in all-up to a year of TDCC- if medical evidence shows further need for TDCC. I posted in another topic some time ago- Under Temp 100% for hospitalization and Convalescence-the exact regs as to the VA 's criteria for this temp award.

Boundforheaven- I could not find any specific form at the VA forms site for what you need to tell the VA- A letter should do it- Also although just about every college is fully VA approved- best to check this too before she enrolls-the college surely has a web site and also a section for Chapter 35 and GI Bill info. I am certainly sure they would be VA approved- but had email from a vet org member whose said their college under Chap 35 wasn't fully VA approved.

Jangrin- I guess the VA phone number isnt on the caller ID? You could send email to them via the VA web site (IRIS) and explain this- or just a letter stating-with his signature-that he has sent in all of the evidence-does he have copy of the VCAA letter he didnt check the box on? A copy of that with the box checked, dated, and with brief explanation might help. WOW- they called him- they have never called me or sent me a proper VCAA letter at all- I never got any boxes to check-of well- got the fast BVA remand partially due to this legal error- I just re-read your post-wait a minute ----maybe he did say the right thing- is the claim they meant regarding the PTSD and IBS? The C & P results could be critical evidence. Now I am thinking he did say the right thing-you sure dont want a decision that does not consider all the evidence-especially to ignore results of 2 C & Ps that he didnt even have yet- hope others here add to this with their ideas----

Mark- it sounds like you got some crappy care- did I understand that the ambulance took you to a VA? or to a real hosp. If you believe that you incurred additional disability due to the infection, you can file a Sec 1151 claim. It does sound like the infection was treated right- but the VA had to "clean out "the knee? That is not a good sign- they screwed up- Still they did mitigate the damages- but any further problems and post it here and I will help you prepare a Sec 1151 claim. Is this for a service connected knee disability? Somewhere here I posted a topic on Temporary Total Disability comp due to hospitalization (at least 21 days for SC treatment in hosp) and also VA SC convalescence regs) you could be eligible for something as temp comp-if this is SC disability -but not sure with this info- the regs will explain the criteria and they should be under the search feature. If I were you I would obtain copies of the CDH records and also your VA med recs. Infections can happen and it does not mean negligence- however one of my local vets they buggered up good with an infection that they failed to treat right for months- long story- he filed a Sec 1151 claim. (I am not a doctor but it seems odd to me that this infection appeared so quickly- I wonder if you had it before you left the VA and they didnt treat it.There may not be a basis for Sec 1151 claim because they did fix you up quickly but then again- what if you did not go to the real hosp? I bet many vets i your position might have, after all the waiting you did and then the ride home- might have just used aspirin or something and this could have gotten much worse.) But I am not a real doctor- dont know- then again I dont consider the VA having many 'real' doctors anyhow)

I commend you for pursuing this Free- this is NOT a small thing- and I wondered-thinking at first this was a VA cemetery- how could they possibly screw up-and I am glad the VA didnt. Their cemetery system is usually excellent. We did have an awful problem- last year no one contacted the Legion or anyone for a color guard and military services for a widow whose husband ws SC and died-I think he died right at the VAMC next to the cemetery. The minister or one of the cemeteries guys-forget who --- told me she was livid over this- but appearently it is up to the family to get this stuff arranged. As I recall the funeral director didnt even ask me if this had all been taken care of-maybe he did- but maybe it is their job to ask and then help with that. Good thing for vets to know- not only make sure the spouse knows where all the important paperwork is but also how to contact someone if a military service is desired. There is great Peace when a military funeral goes well. VA even allowed all the people at the Chapel to use the bus and we didnt have to walk up the hill into the cemetery. I dont know who arranged that. I was surprised on the VA bus to see his shrink and many of the day treatment vets and many VA employees get on the bus too as they were sitting behind me in the chapel.I didnt even know they were there. 3 or 4 vets got here from the PTSD inhouse program Rod was in 3 weeks before he died- The wannabee didnt come but two of the social workers came- all the way from Buffalo- I am sorry I am going on here maybe should be in social- but men and women -death is inevitable and there is great Peace knowing that the vet, in their death, can be showed final honor and respect. I am glad Free told us here what happened- because the memory of your service lingers long after your eventual death and it has a value that MUST be acknowledged in a proper way.

"We all have a tendency to underemphasize our symptoms... its a military thing, but you cannot do this during your C&P exam... further you cannot describe HOW you feel under medication - that does NOT provide a real, or realistic picture of the extent of the injury... I normally counsel my vets to tell the doctors their symptoms taking into consideration their pain medication and the effects they would have WITHOUT it." Very good points- I basically agree with most of what you said- I noticed however, that if a vet Overemphasizes their problems, and like for a PTSD claim- goes on and on about stressors but do not focus on which ones they can prove- and I mean just in the context of telling me their war story- if this gets to be long rendition- and they then attempt this at C & P exam- that does not help their PTSD claim at all-my opinion- I think it is a psychological fact that when someone keeps repeating over and over stressors,they take chance of embellishing them-or changing them --- embellishment or change is a red flag to any psychiatric professional- that something doesn't sound kosher. BVA has even remarked on inconsistencies in stressor statements. Vets with bonafide stressors hardly even want to talk about it usually and dont have to embellish what happened. A vet from another state visiting a neighbor was sent over here to see if I could "get him some PTSD comp"-the vet spent hours here for 3 days telling me over and over again incredible stressor stories of his service.(No combat) The wife and sister came too and added their opinions-and remember you said this and that happened in the military, they gave you LSD -on and on- it became impossible to figure on what stressor he could prove-many were just absurd-but who knows-he mentioned some AWOL but the wife said yeah but you had an excuse-it went on and on-and they changed awol subject when I asked about that- I sent him over to my vet rep-he said he had a VA access card for care but they had denied him care-in Georgia or somewhere-he showed it to me but it didnt look right-I met them at the vet reps office- My vet rep heard what he could-(the stories had started to change)and all three of them were talking at once-the rep asked for the VA card- and then he made a phone call-and then told this veteran that he was not eligible for VA health care at all and that he honestly did not see any chance for a service connection claim for PTSD. (wonder who he called) I guess the vet had bad paper -real bad paper- and I think the vet rep immediately picked up on these embellished incidents of stressors. But you just never know- I was surprised that the rep did not fill out a 21-526 for him anyhow- but there was something that phone call revealed that told him not to bother- C & Ps are not the time and place to bring up new conditions or take any focus off the C & P exam. And I agree that 99% of vets most surely play down their problems at C & Ps.Or do not know what to expect (the blank C & Ps are all at the VA web site) and fail to challenge when the ROM is not properly determined with a whatchamacallit- measuring thing- or if the doc failed to do something else critical to the C & P exam. The worksheet for C & Ps should be followed to the letter. I see no problem with a vet bringing one with them for their specific C & P- not to offend the doc- just to make sure the bases were covered- before VA denied because the exam was not done right.

Imzdo- are you employed? If not has the VA ever turned you down for Voc Rehab due to your SCs or does your SC disability prevent you from working?