ptsd For All You Smokers

[free_spirit_etc]

My husband's claim for lung cancer was NOT based on trying to establish a seconday connection from nicotine dependence developed in service. It is based on asbestos exposure and the fact the cancer began in the service.

However, as he had been a smoker - I have kept an eye on the way the Va handles the cases for smokers. Specifically how they are applying the regulation where they can't grant service connection as secondary to smoking, but can grant service connection for conditions that were caused (in whole or part) by smoking on some OTHER basis - for example in service occurance or asbestos exposure.

(i.e. so they can NOT deny a claim simply because you smoked - they just can't grant SC BECAUSE ou smoked).

I just looked up how they were treating the DIC claims on the issue - since they tend to treat the DIC claims a little differently on this issue -- and came across this one.

I know I had read where though they can't grant SC for tobacco related conditions based on nicotene dependence developed during the service - they CAN grant SC for tobacco related conditions based on nicotene dependence that was CAUSED by ANOTHER service connected condition.

In essence - if your PTSD CAUSED you to smoke (even if you started smoking AFTER the service) the resulting conditions can be granted SC.

Here is a BVA decision where they are following through with that idea

http://www.va.gov/vetapp07/files1/0700083.txt

Accordingly, based on the entire record of evidence, and with

resolution of all reasonable doubt in the appellant's favor,

the Board concludes that the veteran's service-connected PTSD

played a material causal role in his continued use of tobacco

products after service, that his smoking played a material

causal role in the development of the veteran's fatal lung

cancer, and that the lung cancer would not have occurred but

for the tobacco use associated with his PTSD. Therefore, the

requirements of service connection for the cause of the

veteran's death have been met.

ORDER

Service connection for the veteran's cause of death is

granted, subject to the laws and regulations governing the

payment of monetary benefits.

[Berta]

Interesting case-

the veteran's record had significant independent medical opinions from private doctors that supported the claim.

Independent medical opinions are often the only way to gain service connected disabilities or SC death awards-due to them -in cases like this.

There is nothing wrong with accessing BVA decisions to locate IMO doctors that have already done IMOs for veterans in similiar circumstances.

If the BVA puts their name in the decision(they almost always put Dr. Bash's name if he did an IMO) the doctor can be googled and with a little detective work they might be found and be able to prepare an opinion because apparently they already have expertise in this type of disability and claim.

I met a VA doctor in the Syracuse Neurology team-who had a heavy foreign accent -who also said Rod had diabetes-after Rod had been transferred to this VAMC from th Bath NY VA hosp.

before he would formally diagnose it he ordered a fingerstick test (this was over 14 years ago-no HBIAC test available I guess)

he could not order a OGTT because my husband's throat was completely paralyzed and he could not swallow for weeks.

He had been treated for inner ear infection which he didnt have-he had a major stroke-

The other neuros (who -in the med recs- KNEW of the prior CAD malpractice-not easy to find but I found it all-)

overruled him and shipped Rod back to Bath before the fingerstick test was done-

to make a long story short-

I had the Docs name wrong- it was almost impossible to figure it out from the med recs too-

VA searched their data base for what I thought his last name was- they couldn't find him-I had asked them to subpeona him at first but still I had his name wrong.

One day-all this might help someone out there- trying to interpret the hand -written old med recs- one day -----it hit me-

I had studied the docs entries carefully-and his style of handwriting-

suddenly

what looked like an "n' was actually 2 "es"

I now could figure out both his first and last name!

He had eft VA and I googled until I found him in California.

He immediately responded to me by email, gave a brief dynamic statement, (he remembered the vet well)and when I told Dr. Bash of his statement, Dr. Bash was thrilled because it corroborated his IMO and he contacted this doctor and incorporated and attached this additional medical opinion into his.

This also corroborated my account of what the med recs actually revealed- malpractice that the OGC had never even considered or known of when I filed FTCA.

I didnt know this part of it for 8 years myself.

In the paper battleground of claims warfare-sometimes ONLY a good strong IMO will get a vet anywhere.

The VA is challenged by a good IMO - in my case I think they have to invent a brand new disease and say Rod is the sole vet in the US of A who has this "new" disease.

A strong IMO will challenge any VA opinion as to it's rationale.

My 3rd IMO said the VA "expert" was "medically inaccurate" and then stated why.

tell me about it- I have a stack of med recs and Sec 1151 award and OGC settlement and have already proved the VA was "medically inaccurate"in all of the veteran's VA care-

and the Dr. Bash IMOs enhanced that fact and supported my AO claim totally.

A good IMO is an investment- the price of which can be recovered with a proper award.

Edited July 15, 2007 by Berta

[john999]

My IMO doctor basically rewrote my medical history and reinterpreted all the medical facts. The VA can put their spin on a claim and so can a good IMO. When the lawyers get their act together I expect they will have doctors who know how to write IMO's. This will be the difference between day and night for many vets. If I had had someone who could have shown me what I needed to do to get a higher rating years ago it would have been very easy to get a much higher rating. All I had was the DAV until I found the internet and Hadit. My IMO doctor did such a good job that the VA simply accepted "all" of her findings and incorporated her report into my decision. I started the claim with one accepted condition and ended it with five accepted conditions based on the IMO. I paid $250 for that opinion and it was worth $2500.