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ptsd Wallin V. West
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Question
Berta
I raised Wallin V West in my present claim.The post regarding HUPP made me think of this case-because widows most often have quite a hard time going through the claims process-unless the claim is obvious DIC award.
The widow in this decision also used the same approach:
http://www.va.gov/vetapp08/files1/0806865.txt
“Specifically,
the physician reviewed the veteran's records and the medical
literature and provided a clear, detailed rationale for his
conclusion that the veteran's PTSD caused or aggravated the
heart disease. Bloom v. West, 12 Vet. App. 185, 187 (1999).
Furthermore, as noted above, the medical literature provides
significant documentation of a link between the veteran's
longstanding PTSD and his fatal heart disease. Therefore,
the evidence has demonstrated that his PTSD materially
contributed to the arteriosclerotic cardiovascular disease
that caused his death. Accordingly, service connection for
the cause of the veteran's death is granted.”
Along with the Independent medical opinion, the widow cited numerous references herself.
I did this too but Dr. Bash used some different citations in my IMos-
But did not question mine- and I submitted them in addition to his IMOs.
I see that many widows claims even in spite of having IMos to support direct SC death-still seem to need to raise to a burden of proof higher than normal.
This is totally unfair and it means that unless the veteran’s death caused obvious direct SC death eligibility,in most cases the widow will definitiely need an IMO.
I cannot stress it enough- an autopsy should always be done.
The death certificate could reveal one cause of death but the autopsy could reveal more contributing factors for death.
I am glad I did a lot of research for my claim because it helped me undertand how significant Wallin V. West is.
Say a vet is trying to get heart disease as secondary to his PTSD-
He could potentially get a good IMO that would include some good treatises citations.
But along with that it is better if the vet can submit some themselves additionally.
A Treatise or medical abstract can become relevant if it can be associated with the clincial record.
I dont know what kind of medical opinion my claim just got recently from the VA but I was heartened to learn that the Opining examiner told someone that I had submitted a lot of evidence.I found this out when I realised I had even more evidence to send in but am holding back on it-to see what this review entailed.
Almost 6 years and finally someone at VA actually read my evidence.
(that is I think they did)
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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