Claims Pending At Time Of Death

[free_spirit_etc]

I am sending in evidence to go with my DIC / accrued benefits claim.

My husband had a claim for lung cancer (which he died from) pending at the time of his death.

As my husband's lung cancer claim also provides evidence of other respiratory conditions are these also "pending claims?"

He did not specifically ask that his claim be adjudicated for other respiratory conditions. However, wouldn't they still be claims raised by the evidence submitted in the pending claim?

He was diagnosed with mild emphysema and Interstial Lung Disease 2 years after his retirement. He does have some reduced pulmonary function tests in his SMR's (FEV-1 / FVC 83.8 in 1986 and 82% in 1987).

He also was diagnosed with Chronic Bronchitis in 1985. In June 1996 (two years before his retirement - it is reported that he had coughing from bronchitis in Dec 95 that caused him to have left sided rib pain for 6 months.

I submitted information from the National Cancer Institute, American Lung Association, etc that indicates that repeated bouts with bronchitis or pneumonia can be early symptoms of lung cancer.

So that might add some support that he did have symptoms that could be attributed to lung cancer while still in the service. Or at least an argument can be made that they can't just blow off the respiratory symptoms IN his SMRS as "just bronchitis" without giving a medical rational for dissociating the bronchitis from the lung cancer - when medically sound principles indicate that repeated bouts of bronchitis can be a symptom of lung cancer.

So can I request that all respiratory conditions that are reasonably raised by the evidence in the lung cancer claim be considered?

Also -- as my husband required substantial care beginning in December 06 - through his death Feb 07 - does this raise a claim for Special Monthly Compensation (as the evidence submitted WILL show he required this level of care) - or will he not be considered for this as the evidence in his record at the time he died would not show the extra care he needed at the end of his life.

Free

Free

[Berta]

You could raise those additional issues and if you can get an IMO-this is a good printout that the doctor could use.

However-the VA will be focusing on the lung cancer claim and the death certificate and how his cancer and death was due to his service.

I believe you stated that there is documentation in his SMRs to show these potenetial symptoms of lung cancer while in service.

The VA will not connect the dots and they also look unfavorably on internet print outs and say they are not medically specific to the claim.

Have you considered getting an IMO (Independent Medical Opinion)?

How about the doctor who opined on the death certificate?Was this a VA doc or private doctor?

Did the VA send your husband a VCAA letter or any SOC at all denying the claim and saying why prior to his death?

Edited June 18, 2007 by Berta