ptsd Deceased Veteran Widows Pay

[banchie]

Hi Brothers & Sisters. My life has improved so much thanks to all of you! A slight tear there, sorry.

;)

One of my brother veterans died with his power of attorney assigned to his wife. He was wounded in Nam in the leg and received disability benefits for leg wounds & PTSD. He died of cancer before I could get him A/O connected (was filing the paperwork on presumption). His rate for leg wounds never increased over his lifetime.

The VA has since cut his wife off from any VA benefits. Is this correct? Here is a women who endured a PTSD veteran, and cared for him dying of cancer in her home. Is she entitled to anything? Pension or VA compensation coupled to power of attorney?

Thanks for your help in advance. Banchie VN 67-68'

[tssnave]

Berta,

Your husband's story is the reason I don't use VA healthcare. So many missed opportunites to treat him and extend his life and quality of life.

Thank you for honoring him through your advocacy on hadit and other advocacy avenues you participate in.

Thanks,

TS

[Berta]

TS -he was eligible for Medicare but President Clinton said on TV in 1994 that the VA had the best health care system in the world.

Rod had just filed his Section 1151 claim charging them with malpractice and almost withdrew it when Clinton said that- but I said Oh Honey what would the President know about the VA-they had to even teach him how to salute.

Another thing- this is a highly rural environment and there are no PTSD shrinks around here except for the local Bath VA and Canadaigua VA-not far from us either .A prime reason we did relocate to this part of NY was that we noticed on a visit here before we even bought the farm that the VA was only 20 minutes away and Rod could continue his PTSD therapy if we moved here.

I have a claim with a Dro for PTSD directly contributing to or causing Rods death as well as my AO death claim.

It was only a few sentences.Here it is-

The veterans SC PTSD made him fully eligible for VA health care. VA health care killed him (FTCA settlement and Section 1151 awards enclosed)

Therefore the veteran's service connected 100% P & T PTSD put him into Harm's way at VA and contributed to his death due to his being eligible for VA health care because of his service connected PTSD.

I better check that claim out- I haven't gotten a VCAA letter on it.I think it is with a DRO.?

[Judy]

Berta and Ts,

"Ok I am wrong-it appears Judy's husband had SC at 100% for Hodgkins Lymphoma that was reduced and I dont know if he appealed.

*He did not know to appeal; went back to USAF pay for 11 years and THEN was in VA Hospital with major recurrence when VARO REP convinced him to again elect VA Compensation...ok, he did so and then death occured 8 years later*

"The death certificate says he died of AHD."

*YES, and with NO other secondary reason or contributing factor given on COD. County cornoner had NO idea of his medical condition NOR his medical history. Had the ME KNOWN anything of his history/condition, I AM CERTAIN that the death certificate would have stated Hodgkin's/Lymphoma as a secondary and of course I wouldn't be where I am fighting this fight today.This is also stated in Dr. Bash's IMO.*

"The IMO from Dr. Bash must clearly state that the Hodgkins contributed to the AHD with full medical rationale."

*Yes it does and it has much evidence from the SMR's (even more than I as a layperson was able to see) and he has quoted SMR's, expertise publications, research and full medical rationale; also his 14 page vitae is included)*

"There can be countless reasons for AHD as cause of death.

If the coroner wrote the Hodgkins Lymphoma as contributing to death- regardless of whether the SC was reduced or not- that could award the claim."

*as stated, sadly, he did not. IF ME had done so, DIC would have been awarded in 1990 at the original filing date*

Apparently the coroner didnt feel this was a factor in his death."

*again, he had NO way of knowing any of that information*

"It seems this was a Section 1151 issue in a remand.

Regardless of what the VA opiner said on that issue- I wonder if the Section 1151 claim should have been pursued along with the direct SC death claim."

*I don't know the answer to this either*

"Didnt the POA early on see the potential of Section 1151 here?"

*Per our original few meetings/conversations, yes he did. However, since the POA SO has apparently done NOTHING to help me, if he didn't even send the IMO or followup to be sure VARO had it, why would he even pursue helping me with 1151? He didn't.*

"If the VA med recs reveal that Judy's husband medically had AHD in the clinical records but was not treated for it- that is a prime case of malpractice."

*In the med recs, the Baylor College of Medicine did a study on Jim in early March 1990 and May 1st they sent the report to VA Regional Hospital (who sent him for the study) and it clearly states "we highly recommend this patient have a cardiac evaluation as soon as possible due to the many irregular sinus rhythms, tachacardia/bradycardia that we observed on both nights he underwent observation by us"....does it get any plainer than that? The VA HOSPITAL did NOTHING.... no evalutaion by cardiologist, no appointment, nothing.. and all this time, (in the med recs) he was in the clinic at VA HOSPITAL complaining of chest pains and being given a prescription for Isosorbide!"

I am wondering if I'm getting close to the place where I need to hire an attorney.

Judy

[Judy]

I forgot to add this very important clip/comment.

"An ECHO report reveals the measurements of the arteries. The Blood Chem reports reveal if the triglycerides are abnormal.he Ejection fraction shows how the heart has been compromised by AHD.

Countless types of clinical med recs could potentially reveal diseases that have not been properly diagnosed or treated."

*Dr. Bash's IMO quotes problematic ECHO's from the SMRs as well as Blood Chem reports (and most especially the med recs are EXTREMELY CLEAR that between March 1990 and his LAST visit to the VA HOSP clinic (August 1,....seven days prior to death) that his triglycerides were SKY HIGH and yes, he was being given ACCUTANE from December 1989 right through date of death. It is CLEARLY written in med recs by the attending physician that the triglycerides were 568 on his August 1st visit (Dr. Bash points out this is SEVEN TIMES NORMAL) and yet VA DOC wrote "continue Accutane" and "will discuss this with Dr. XXXX prior to pt's next visit".... *

Isn't that malpractice?

[Berta]

Yes this is malpractice.

The Statute of limits for malpractice claims runs only for two years after the FTCA claimant's knowledge of the malpractice. VA awarded $950,000 for malpractice just the other day.

There are no ancilliary benefits in a Section 1151 DIC award- still the DIC is the same amount as direct service connected death.

You can re-open the Section 1151 claim and pursue both claims at the same time.

If you want to pursue FTCA claim I suggest you obtain anattorney for that.

Accutane is used for serious acne. it took my 2 seconds to find that at this site (which is geared to pregnant women)

regardless of that accutane is contraindicated by high cholestrol counts

http://www.drugs.com/accutane.html

If appears to me that your husband had severe hyperlipedimia and these doses of accutane could have caused his death.

If VA is saying you have an open Section 1151 claim- that is great-find a better printout than this one I found- Tell them accutane was administered to him with a severely abnormal high trygly blood chem count and highlight this part of the med recs as well as Dr. Bash's opinion and send it in to support the Section 1151 claim.

Google accutane and then look for all of the contraindications-

[Berta]

Maybe the administration of accutane CAUSED his atheroscleotic heart disease AHD

"Lipid (fats and cholesterol in blood) problems. Many people taking Accutane develop high levels of cholesterol and other fats in their blood. This can be a serious problem. Return to your prescriber for blood tests to check your lipids and to get any needed treatment. These problems"

http://www.tipsinlife.com/accutane-class-a...ide-effects.htm

This site also has info on accutane class action lawsuits.

If your husband was being prescribed accutane for a long period of time- it is more than likely the accutane could have certainly caused or contributed to his AHD.

In any event his abnormal ECHos and other things Dr. Bash noted indicate he did not receive proper medical care at all.