tdiu Kidney Transplant And Subsequent Va Proposal To Reduce Rating

[vaf]

The veteran underwent a medical discharge after nine years active duty, due to kidney failure. He underwent a transplant in 1998, and was supposed to undergo a follow-up C & P in 1999, which didn't take place until earlier this year. He was rated 100% until now, having received a proposal to reduce down to the minimum, which is 30%. He works full-time in an office job, sedentary work, and does not want to or have a need to pursue TDIU. However, he is suffering secondary effects from the immunosuppressant drugs (has had skin cancer, has GERD, and a suspected but yet undiagnosed case of sleep apnea), has had his gall bladder removed, all which was not in place before the surgery, and which have not been claimed separately, and therefore, not rated. He receives his treatment from the VA.

We've requested his records from the VAMC and the VARO, however, we won't see his claims file anytime soon, probably not before his hearing (he's filed an NOD and asked for a hearing).

I'm wondering if anyone here has successfully fought a proposal to reduce a disability rating post-kidney transplant, after five or more years have passed since the surgery, who is not TDIU. If so, I'd be interested to hear how you handled the NOD and how you framed your argument. Thanks!

[Berta]

You made a profound point here VAF:

"He still suffers from fatigue, hypertension, had gall bladder surgery, has GERD, and of course the biggie, reoccurring skin cancers, so we plan to try to mitigate whatever reduction he has by pursuing ratings for all these conditions."

YES! one never knows when VA will start to mess around with a rating- any disability that could have service connected potential- even as secondary SC should always be claimed.

None of us know what will cause our demise-

a vet with a spouse also has to think ahead on that too-a SC condition even at a low rating-could end up being the cause of or a contributing factor to a veteran's death.

I am going to approach NVLSP with some articles they could possibly incorporate into for next years VBM-on the DIC issues.They have plenty in the VBM on DIC but not enough in my opinion as there are so many factors to consider for DIC claims.

Unfortunately only an autopsy in many cases could mean the difference between DIC and no chance at all for DIC.

An autopsy could reveal extent of a SC condition contributing to death-even if the VA rating was low or did not impact on the veteran's comp.

Organ donors get free autopsies-and maybe they are free for everyone-I dont know-

Mitigating potential reductions is not only something that can help the vet in their lifetime but also in the long run could help their spouse.

Every disability with SC potential should be claimed.

[deltaj]

You made a profound point here VAF:

"He still suffers from fatigue, hypertension, had gall bladder surgery, has GERD, and of course the biggie, reoccurring skin cancers, so we plan to try to mitigate whatever reduction he has by pursuing ratings for all these conditions."

YES! one never knows when VA will start to mess around with a rating- any disability that could have service connected potential- even as secondary SC should always be claimed.

None of us know what will cause our demise-

a vet with a spouse also has to think ahead on that too-a SC condition even at a low rating-could end up being the cause of or a contributing factor to a veteran's death.

I am going to approach NVLSP with some articles they could possibly incorporate into for next years VBM-on the DIC issues.They have plenty in the VBM on DIC but not enough in my opinion as there are so many factors to consider for DIC claims.

Unfortunately only an autopsy in many cases could mean the difference between DIC and no chance at all for DIC.

An autopsy could reveal extent of a SC condition contributing to death-even if the VA rating was low or did not impact on the veteran's comp.

Organ donors get free autopsies-and maybe they are free for everyone-I dont know-

Mitigating potential reductions is not only something that can help the vet in their lifetime but also in the long run could help their spouse.

Every disability with SC potential should be claimed.

As far as I know if a veteran dies in a V.A. hospital, autopsies are not done on the veteran's body. Is that correct? Also if this veteran developed renal calculi or hypertension after service secondary to a kidney ocndition which was service connected then the veteran may be able to get some favorable medical opinions outside V.A. and seek service connection for renal calculi or hypertension secondary to the veteran's service connected kidney condition. Also does anybody know if heart disease can be service connected as secondary to a service connected kidney condition since dialysis and convalescence after kidney surgery requires inactivity? Anybody know of any favorable cases on this issue?

Edited September 14, 2009 by deltaj

[Philip Rogers]

I sincerely doubt the VA does autopsies but if they do they would be kept secret. Think of what it could cost the VA if they did them and published them. It would be like a PD investigating themselves. They're always found innocent. Better not to chance it. jmo

pr

As far as I know if a veteran dies in a V.A. hospital, autopsies are not done on the veteran's body. Is that correct? Also if this veteran developed renal calculi or hypertension after service secondary to a kidney ocndition which was service connected then the veteran may be able to get some favorable medical opinions outside V.A. and seek service connection for renal calculi or hypertension secondary to the veteran's service connected kidney condition. Also does anybody know if heart disease can be service connected as secondary to a service connected kidney condition since dialysis and convalescence after kidney surgery requires inactivity? Anybody know of any favorable cases on this issue?

[Pete53]

Next of kin can request autopsy its a State County function. Call the Medical Examiner in the County or City if they do it.