Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Autopsys

Rate this question


Berta

Question

You all know I have three favorable IM0s that VA has not acknoweldged for my claim-and only the BVA- in remand actually acknowldged them and the fact VA has ignored them for years.

BVA ordered a Cardiologist's review of the claim.I just got the PA report (BVA had wanted this to come from a cardiologist)and I already have knocked down his review because he didnt have a clue.

Since BVA wanted VA to have a cardio doc do the report I got a cardio doc myself who will be preparing my 4th IMO.

One thing I overlooked when I won my FTCA case was a page of narration of the microscopic slides of my husband's brain and heart attached to the extensive autopsy.

Yesterday I googled the very first finding in the slides as to the medical terminology not expecting to find anything significant.

Was I wrong.

The slide narration contained a direct solid connection that supports my claim -so significant that I am glad to shell out more $$$$ for this cardio IMO along with other evidence I have learned of since filing the claim in 2003.

I hate to urge autopsies here-no one really wants to think about these things.

An autopsy however-as I well know- can make the difference between DIC and no DIC.

An autopsy also can reveal malpractice.

When the Organ Bank required an autopsy,(since they took his skin, eyes, and long bones -arms and legs)I had no idea at that moment how instrumental the autopsy would become to rectifying my husband's death.

Peace with Honor is getting closer for him.

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.

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Berta

You said before that if you are an organ donor you get the autopsy done automatically. I told my wife to be sure to get one done on me (but wait 'til I am dead) to be sure she gets DIC. The VA diagnosed a heart condition and if I die from that I want proof for my wife.

Link to comment
Share on other sites

Berta,

You posted,

"Peace with Honor is getting closer for him."

I know this will be a blessing for you when this is resolved.

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder

I believe that in some ways the VA is as hard on widows and spouses of Veterans and at such a stressful time why make the spouses life so miserable.

I am glad that I made the 10 years to protect my wifes benefits as I am pretty sure I will go before she does. I consider DIC an earned benefit and its my opinion that a widow or widower should get it automatically if a Veteran is rated 100%

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

Yes, if someone is rated 100% they should not have to have their spouse wait ten years to get DIC. I think the VA does this just to save money at the expense of the spouse. Most of those with 100% don't work so the family will take a huge hit if the vet dies before 10 years from a NSC cause. This is why I have fought to get SC'ed for possibly fatal conditions even after getting TDIU back in 2001. I don't want to die one month before I hit the ten year mark and leave my wife without DIC after she has stuck with me all these years. It is not as if DIC is a large amout of money. No one can live on it alone without other sources of income. With DIC and survivor SSA benefits a person might be able to survive if all their debts are paid and they don't make any new ones. How anyone lives just on SSA benefits I don't know?

Link to comment
Share on other sites

  • HadIt.com Elder

x

x

x

I thought if the veteran died at a VA Facility, the VA did the autopsy. If you wanted to order an autopsy for the deceased, would the VA release the body to the next of kin? ~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

x

x

x

I thought if the veteran died at a VA Facility, the VA did the autopsy. If you wanted to order an autopsy for the deceased, would the VA release the body to the next of kin? ~Wings

I dont know if the VA still does autopies and what VA's do them, Wings.

The VA would certainly have to release a body to the next of kin.

Good question.When the ambulance came they took Rod -not to the VA but to a private hospital-to be pronounced dead. The hospital was a little further away than the VA.I knew he was dead but ALS and ambulance corps EMTs cannot make that pronouncement.and maybe they figured VA couldn't either.

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.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use