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Esophageal Cancer Appeal Granted


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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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No formal claim has been made as I just received word a month ago that I had won my appeal. It had been denied while my husband was living BUT the

BVA found evidence where my husbands claim should have been approved at the regional so therefore they awarded me accrued back to the date of the original claim that

my husband made in 2004. Because his cancer was not recognized as service connected at the time he was undergoing treatment, we didn't file any claim for reimbursement.

Now that the BVA has stated that my husband did die from a service connected disease, I would think they should be responsible for the cost of all his treatment.

Thanks for the case that you sent.

I'm not going to approach the VA about any of this until I have received my award letter and who knows when that will be. I saw the link for the fast letter stating appeals are to

be handled expediciously but so far I haven't received any notification from the regional office.

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  • 5 months later...

Well, here it is December and in August I did submit my late husbands medical bills. I've heard zero from the VA. Nothing. I did call a month or so ago and was told

"they are working on it" whatever that means anymore. I only have until next month I think it is to submit the rest of the bills (only sent the major ones). I asked VA if I should go

ahead and submit the rest of the bills and they said "no, wait until you hear something." Soon that will be too late.

I know that the odds of them reimbursing are little to none but it would be nice of them to give me a yay or a nay instead of dragging it out.

I hope that any of you who are fighting the VA for what you feel is due, do not give up!

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