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Esophageal Cancer Appeal Granted

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sjh4951

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No, my brother had Acute Myloid Leukemia. Diagnosed around Christmas 2006, died February 2007.

I was just reading a post on another site and it said the VA had a 6 month freeze, per their VSO, on all BVA granted claims. Anyone know about this?

I've heard nothing from the VA since I won my appeal. I did contact them via IRIS and got the following response:

"Upon researching your file, our records indicate we have received the notice of grant of benefits and the claim is with our Columbia Regional Office for the final administrative steps which need to be completed prior to the claim being completed. This process is in place to ensure accuracy and we don't have a date it will be finalized as of yet. We appreciate your patience and you will be notified via US mail once the grant of benefits has been finalize. Your notification letter will explain our decision and payment in detail."

Don't know what they mean by "explaining our decision" as the BVA granted my appeal for cause of death, denied for accrued PTSD, so the decision has already been made.

I've never filed for death benefits. Without the award letter I can't file for anything I don't think. I have the paperwork here for CHAMPVA (I requested it) and property tax exemption but need

that award letter to file. I would hate to think that there is a freeze on BVA decisions. Now that I'm finished with my appeal, time is dragging..I just want it over and put behind me so I can

decide where to go next with my life.

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"I was just reading a post on another site and it said the VA had a 6 month freeze, per their VSO, on all BVA granted claims. Anyone know about this?"

I am sure they did not support this rumor with any link.

"I've heard nothing from the VA since I won my appeal. I did contact them via IRIS and got the following response:"

I got an award letter in two weeks after the BVA awarded my claim.They forgot to send me the cash.

This matter was finally resolved last month- almost a year after the BVA award- it was an unusual situation though-No one should have a BVA award frozen.A recent court decision prevents them from holding back on any awarded claim- if there were other issues deferred or denied.

I forgot the name of the decision- anyone here remember?

You should be hearing from the VA soon on the award.The retro DIC should come fast too.

"I've never filed for death benefits. Without the award letter I can't file for anything I don't think. I have the paperwork here for CHAMPVA (I requested it) and property tax exemption but need "

I would think your original 21-534 covered all benefits you were eligible for.

CHAMPVA= VA may or may not send you the CHAMPVA app- did you get it on line?

Yes CHAMPVA will need the actual award letter and it should be retro to any expenses you had during the time frame they gave you as an EED (I assume it will be to date of your husband's death unless there are other factors that would possible change that as retro date)

"Don't know what they mean by "explaining our decision" as the BVA granted my appeal for cause of death, denied for accrued PTSD, so the decision has already been made"

they will have to explain the denial of accrued benefits. It should be a complete statement of the award.

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I am wrong -it wasnt a CAVC decision -it was a Fast letter and it is here:

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Its great and all that they awarded me accrued to Bill's file date but what do they do about medical expenses regarding his cancer treatments?

He didn't have health insurance just medicare and they only payed 80% of their approved amount which left us with huge bills for chemo, surgery, and radiation. I had been putting the chemo charges on our Visa card but maxed it and one of the times we went in for his chemo treatment we were told to cough up $2800.00 or they wouldn't give him his chemo. Lucky for me that I had another charge card but I was sure pissed that they confronted me right in front of my husband who was already in the chemo chair in a room full of other patients.

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We dont see this type of question often as most of us here get either VA health care or Medicare or CHAMPVA or Tricare-

I managed to find this farly recent BVA decision which contains citations to the rrguilations that cover these types of claims.

Was a formal claim made for reimbursement?

There is criteria for these types of claims in the regulations:

http://www4.va.gov/vetapp10/files1/1001535.txt

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