ptsd Ao And Lung Cancer

[free_spirit_etc]

Just got home from my the funeral of my cousin's husband. He was a vietnam vet. He died of cancer, which she said started as lung cancer. He broke some ribs around Christmas. They took him to the VA. The VA wouldn't treat him. Hadn't filled out his paperwork or something. So they took him to the local hospital and were told he had cancer. So then the VA did take him and was GOING to treat him - but when they took him back the VA said he did NOT have cancer - that he just had bruised ribs. So no treatment for awhile, but he got worse, and the cancer spread to his brain. He had surgery and chemo - but then it spread to his liver.

So my questions are: If his cancer started as lung cancer - isn't this presumptive for a Vietnam Vet? Or does it have to be a certain type of cancer also? And is there a time limit for developing the cancer after Vietnam service?

Also - as the hospital told him he had cancer, but then the VA ruled it out and told him he didn't (until it had already spread to his brain) is this a possible Section --is it 1151?

Of course, my cousin isn't ready to pursue anything yet. I just made sure she had my cell phone number for when she is ready. She said they did file a claim for the cancer and for PTSD this year. Said she wished she had known about that years ago - has had it all these years.

Free

[Berta]

"So my questions are: If his cancer started as lung cancer - isn't this presumptive for a Vietnam Vet? Or does it have to be a certain type of cancer also? And is there a time limit for developing the cancer after Vietnam service?"

No time limit, Yes-if he was incountry Vietnam vet, the widow can file a claim for lung cancer under the Agent Orange Regulations-for direct service connected death-

Last year the MOPH told a widow in same situation that her DIC would be awarded- (the Vet was an Agent Ornage Vet and died of lung cancer.

BUT the claim was denied-the VA said his cancer was Not a soft tissue sarcoma-

The VA service connects 34 types of soft tissue sarcomas and I recently posted that list here at hadit-

I dont know if that denial was correct at all- but the veteran's medical records will rveal what type of cancer he had.

Med recs often use countless different medical terms for STS cancers.

If he was autopsied that autopsy might be critical to her DIC claim.

"Also - as the hospital told him he had cancer, but then the VA ruled it out and told him he didn't (until it had already spread to his brain) is this a possible Section --is it 1151?"

YOU BET- she should obtain his VA medical records first and then see a lawyer to Sue them and also she should consider filing Sec 1151 claim.

She could file one or the other- I filed both- but one has to consider that any settlement VA makes incvolves usually always a total offset-

mine involved a partial offset but this is due to negotiations I had with the OGC.

So what I mean is she could get FTCA award and then never see a DIC until the FTCA is recouped-

that could take decades-

She must get copies of his med recs from VA before they get wind of either Sec 1151 or FTCA.

No time limit to file a Section 1151 claim-

FTCA- the statute of limits is she must file SF 95 within 2 years of learning of malpractice.

I have friend in same position-but luckily he lived-and gets 100% P & T and SMC for 1151.

Misdiagnosis of cancer by VA.

"She said they did file a claim for the cancer and for PTSD this year. Said she wished she had known about that years ago - has had it all these years."

Her DIC 21-534 application has to be in VA's possession within one year of his death in order for the accrued benefits to be awarded to her.

She should state on the app as well as attach formal claim- that she is applying for the accrued benefits.(The app I think covers that)

Did he receive a legal VCAA letter on the claim pending when he died?

Was he on SSA for the cancer and did he also apply for TDIU?

I suggest that she get a good vet rep-

and also get the medical records.

They need to be gone over very carefully as to the type of lung cancer he had.

She should also add to the claim any metasized cancer (brain) that was caused by the lung cancer.

I am sorry to hear this.

Of course she doesnt want to think about this all now-

from what you posted she has- just as I have had- basis for FTCA, Sec 1151, and direct SC death.

In her case if VA awards DIC under Sec 1151-she migh still attempt to get his death directly service connected-

that is why I have a AO claim now-VA misdiagnosed my husband's diabetes-from AO- and this led to his conditions they misdiagnosed that caused his death.

A service connected death trumps a Sec 1151 award-

my husband does not have Peace with Honor until the VA awards his death as due to AO-

There are ancillary benefits that come with SC death-

also- only unless the VA declares her husband 100% P & T posthumously-will she get CHAMPVA and CHap 35-

If the veteran did not file for TDIU in his lifetime- she will have to prove he was eligible for it-

That would be part of the accrued benefit determination.

[free_spirit_etc]

Thanks Berta. You made some really good points. At this point she doesn't really know what kind of cancer he had. She said his daughter knows that. His daughter is a hospice nurse. Of course, at this point she is not ready to deal with the VA. But she will get ahold of me when she has had a bit of time to recover from his death and is ready to pursue a claim.

I wasn't sure about the types of soft tissue carcinoma.

At the VA site it LOOKS like lung cancer (any kind) is presumptive AND certain types of soft tissue carcinomas are ALSO presumptive. So it would lead you to believe that if you had lung cancer, OR a qualifying soft tissue carcinoma at another location, that would be SC.

Good information on the TDIU claim, as that should have been inferred by his medical records. And I am assuming that his VA treatment records should be considered constructively in his file at the time of his death.

If they service connect cancer - that should grant 100%.

I am not sure if they got a VCAA letter or not.

I doubt he was collecting Social Security. I think he was one of those vets that by the time they figured out how disabled he was, he had already not had enough RECENT work credits to qualify for SSD.

I told her that when she reports his death to the VA - they SHOULD send her a claim form for DIC / Accrued Benefits.

Free

[Berta]

It does appear to me- as you noted-that VA does SC lung cancer-regardless of the STS issue-in some AO claims-

I dont know how the MOPH challenged that decision.

They should send the app- but it can be downloaded at the VA web site-and a Service Office or vet rep would have it-

there is a lot to this application (21-534)

I believe he would have had to earm work credits within the 5 years prior to being unable to work- the SSA web sites have that info- and she might be eligible for an SSA widow's benefit on his SSA record.