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Question
Lzjump
I have a Claim for Cause of Veterans Death & TDIU. My husband was 90% SC at the time of his death in 2004. He had applied for TDIU & reopened claim for Hep C. but that claim was not decided until after his death and was denied. I refiled as the widow and was denied. I appealed the decision, had a BVA hearing in March 2008, in August 2008 was awarded the TDIU and claim for cause of veterans death was remanded. Remanded stated that they were to try to locate the STR from service and also get a medical opinion to opine if any of his SC conditions contributed to his death. I received a letter stating that they could not locate the Service Treatment Records from when he was hospitalized in Nam after trying 3 times. (Husband had Hep C and had a Liver Transplant in 2002). He was hospitalized for 6 weeks in Quin Hon and had blood transfusions. He was SC for PTSD, Diabetes Mellitus type II, PN, Gunshot wounds. He was boots on the ground vietnam vet with purple heart, air medal etc. His death certificate stated cause of death was Multi System Organ Failure and Sepsis. (he had chronic renal insufficiency secondary to DM in 11/03 he was on insulin & restricted diet) My claim was sent for a medical opinion in August 2009 and has been sent back 4X for medical opinions. the latest being Feb 24, 2010. Yesterday I went to the VAMC to get a copy of his medical records and the opinions and now I see where the problem is.
Medical Opinion Sept. 2009.
the relationship of the veteran's Hep C to his military service is speculative. Service connected disability listed. the only one that could be considered as contributing to the veteran's death is his diabetes mellitus.
Nov 2009
see exams 9-09 with explanation/rationale and cfile reviewed.
Feb 2010
the degree of contribution of his diabetes mellitus to his death is speculative.
Feb 2010
Claim Back again for heart condition.(he had a AMI with left branch bundle block before he passed away) so now I guess they want his opinion on that.
My question, Does the Doctor have to give a rationale for his opinion?
Should I get another medical opinion and submit to AMC with more rationale?
I have 3 medical opinions from his Physicians who treated him for over 8 years. stating that the Diabetes did contribute to his death and one stated that all though diabetes was not listed on the death certificate it is well document thru out his treatments. I have hospital ICU records showing his blood sugars some over 300 and all over 180. Also have a Veterans Affairs study stating that even mild hyperglycemia was associated with as much as a 15-fold increased risk of death in study of ICU patients and a correlation between hyperglycemia and renal failure and sepsis. This study was done at VA medical centers.
Thanks for any help.
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