My How Time Flys

[free_spirit_etc]

Wow! I have been so busy doing everything else - I haven't had time to work on my DIC claim / accrued benefits claim.

But I got my first denial - so I feel like part of the crowd now.

I guess a couple good things might have come from that.

1. They have played their "medical" hand first. So at least I know the angle they are taking at the moment.

2. By not developing the whole asbestos thing any more they have FINALLY acknowledged the claim for IN SERVICE INCURRENCE (that the cancer STARTED in the service) that they have totally ignored though it was the basis of my husband's initial claim and all his NOD, appeal stuff. They just kept acting like he hadn't mentioned it and they kept talking about the asbestos.

Anyway - my husband sent in lots of medical information about the doubling time of adenocarcinoma -- the growth rates - etc. along with his letter from his treating oncologist that said the standard doubling time (time it takes for a tumor to double in size) is 180 days, and his inital handwritten form from his doctor on base showing that based on the doubling rate and size of tumor it would take around 15 years for a tumor to reach the size of my husbands.

The VA asked for a medical opinion from a VA doc (I think) and all it says is that he looked at the SMRs and it was his opinion that it was less likely than not that the respiratory symptoms my husband had in service were related to his lung cancer as they were more likely related to respitory infections (or something like that-- I don;t have the letter right here).

It seems like he totally ignored the fact that we never alleged the symptoms in service were cancer related. The whole basis of the claim was based on the growth rates. And we did point out that lung cancer is most often asymptomatic until it is late stage - and his medical records also state that my husband was asymptomatic when his cancer was discovered. So dang! If cancer is asymptomatic by its nature - and his medical records show he was asymptomatic but HAD cancer -- it is totally silly to ONLY address the symptoms -- as the VA opinion giver did.

The good thing about that I would think is that it should be easy to blow that opinion away with a good medical opinion. You gotta wonder about the qualifications of a person who would take a disease that is known to be asympomatic -- be asked if based on medically sound principles it could have started in the service (especially with doctor's statements in the records about the doubling time of cancer) and still just generically address that the symptoms in service were probably not related to cancer -- without going beyond that to address whether the cancer started in service.

But again, maybe the best thing about them going first is that they get a crap medical opinion that is easier to address.

However, I have not read the actual opinion...so I don;t know.

Does anyone know - since it takes 6 months or more to get a copy of anything from the VA --(Chicago) (Still waiting for records I requested last spring -- that my husband had requested the year before that). IS there a way to get a copy of JUST the medical report any sooner?

Also - as the decision was made prior to the expiration of time for me to submit evidence that was requested -- when I send the evidence - can I ask for a reconsideration? (I guess I should also send a NOD).

Free

[Pete53]

Good Luck don't give up.

[Berta]

Free- did the VA send you a VCAA letter prior to the denial with Important Reply Requested at the top of it that had underlined statements of exactly what evidence they needed- and did they also send you a VCAA election form to sign and send back?

"But again, maybe the best thing about them going first is that they get a crap medical opinion that is easier to address."

Best thing that happened to me-since filing my claim in 2003 -was getting a "crap VA opinion"-

My POA was supposed to discuss my 2 IMos with the DRO and said he was sure he would walk out with an award for me-

but the VA instead got a VA opinion and it appears that he never even gave the DRO my IMOs (I filed an OGC complaint on all that)

WHen I got the quackola opinion Dr Bash knocked it down right away and it helped me to get a fast remand from the BVA-as none of my medical evidence had been addressed and my VCAA letter was illegal.

I have 3 IMos in the file (one is a freeby from a former VA doctor-- very brief-but Dr. Bash liked it a lot- and yesterday I ordered an additional type of IMO -something the VA does not expect-from a pathologist.

10 years ago this RO could read and I never needed any IMOs-although I was denied many times before I succeeded-

nowa days- I have spent $5,750 bucks for IMOs -the recent one I sent for yesterday was $1750 to make sure that -when the RO learns how to read, they will find they are overwhelmed by medical evidence that they cannot squeeze out of.And if they try to send me back to the BVA-

by ignoring my IMOs again- I can get another fast remand-

I suggest that you consider getting an Independent medical opinion-

I saw a VCAA widow's claim on remand at the BVA recently (it had been in the system for years at that point- and the BVA remanded due to VCAA violation and point blank told the VA to tell the widow , under the VCAA, to get an independent medical opinion-so it seems to me why should a widow wait for years to have the BVA say that is needed-

the quackola opinion you already have is what the IMO doctor should see also- and they will need those med recs-

did you request them directly from the VAMC which treated your husband?

[free_spirit_etc]

Thanks Pete!

Free

Good Luck don't give up.

[free_spirit_etc]

Thanks for the info. I will MAKE ANOTHER request for the whole C-file - and an expedited request of the doctor's report.

They don't get in ANY hurry in Chicago and will rountinely tell you that it takes at least 6 months to get anything.

What gets me is you have to file appeals in a certain time frame - but don't have access to the information with which to appeal.

Maybe I can write to my congressman and ask for them to help me get copies from my file. My husband requested copies in I think it was August 2006 and didn't recieve them before he died in February.

I requested them again last spring - and still haven't received a copy.

Free

Do a Freedom of Information Act (FOIA) Request to your VARO.... but be specific as to what you are requesting, or just ask for your entire C-file (100%) and ask them to expedite it. At the very top of the page, you should print in caps, "FREEDOM OF INFORMATION ACT REQUEST". FOIA has legal time limits that any government office must respond to.

Yes, you can do a Request for Reconsideration.... but do it quick. You will need to specify why you think you deserve a higher rating. If you have additional evidence, you can submit it along with this request. My VARO is treating my Request for Reconsideration as an Appeal.... go figure. And, of course a Request for Reconsideration does not stop the NOD clock from ticking and approaching the one year, 12-month, limitation, for filing a NOD.

[free_spirit_etc]

Berta,

Thanks. My husband wasn't treated by the VA - he only went there for C&Ps -- but he was treated by the physicians at the Base (retired - TriCare) and by the doctors they referred him to). We have most the medical records (private and AF Base) and most of the SMR's. I am still missing the discharge physical that we have been requesting - and I tried to see last year when I drove to Chicago.

Previous C&Ps remarked about my husband's discharge physical. However, there was no discharge physcial in his file when I viewed the records last summer. I followed up with a written request asking them to locate it and send me a copy. They responded by telling me that the file was complete - and that if there wasn't one in the file they couldn't provide me with one.

I have no idea where they could have put it and they aren't willing to look for it.

They did send me a VCAA letter - but they only addressed the asbestos exposure part of the claim (as has been their pattern.) Over and over my husband would write them and say -You have NOT acknowledged or addressed the fact that I am reporting my cancer STARTED in service. They would respond with - You need to send us proof of asbestos exposure.

It is like they know full well that his cancer started in service so if they can pretend to not notice that portion of the claim - they won't have to pay.

At least this time they acknowledged that he alledged the cance started in service - though the only thing in the denial letter that addressed it (somewhat) was that the doctor had said the symptoms he had in service were not related to the cancer.

We never said that they were. They totally ignored the whole argument of growth rates of cancer and focused on symptoms alone for a disease which is known to be asymptomatic.

They also did send me the election form. I did not sign it and send it back in yet - as I was going to wait until I had finished sending evidence.

I did write and request a copy of his c-file and specifically his discharge physical and so I could finish submitting his claim - but I haven't recieved them.

Free

Free- did the VA send you a VCAA letter prior to the denial with Important Reply Requested at the top of it that had underlined statements of exactly what evidence they needed- and did they also send you a VCAA election form to sign and send back?

"But again, maybe the best thing about them going first is that they get a crap medical opinion that is easier to address."

Best thing that happened to me-since filing my claim in 2003 -was getting a "crap VA opinion"-

My POA was supposed to discuss my 2 IMos with the DRO and said he was sure he would walk out with an award for me-

but the VA instead got a VA opinion and it appears that he never even gave the DRO my IMOs (I filed an OGC complaint on all that)

WHen I got the quackola opinion Dr Bash knocked it down right away and it helped me to get a fast remand from the BVA-as none of my medical evidence had been addressed and my VCAA letter was illegal.

I have 3 IMos in the file (one is a freeby from a former VA doctor-- very brief-but Dr. Bash liked it a lot- and yesterday I ordered an additional type of IMO -something the VA does not expect-from a pathologist.

10 years ago this RO could read and I never needed any IMOs-although I was denied many times before I succeeded-

nowa days- I have spent $5,750 bucks for IMOs -the recent one I sent for yesterday was $1750 to make sure that -when the RO learns how to read, they will find they are overwhelmed by medical evidence that they cannot squeeze out of.And if they try to send me back to the BVA-

by ignoring my IMOs again- I can get another fast remand-

I suggest that you consider getting an Independent medical opinion-

I saw a VCAA widow's claim on remand at the BVA recently (it had been in the system for years at that point- and the BVA remanded due to VCAA violation and point blank told the VA to tell the widow , under the VCAA, to get an independent medical opinion-so it seems to me why should a widow wait for years to have the BVA say that is needed-

the quackola opinion you already have is what the IMO doctor should see also- and they will need those med recs-

did you request them directly from the VAMC which treated your husband?