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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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cwg

Dic

Question

My husband is critical condition, not expected to improve. I am concerned with

keeping him as calm and pain free as possible. He is worried about my being awarded

DIC when he dies and is there something he should do now before it is too late.

He is 100% P&T based on unemployable due to service connected disabilities, Jan 2003

60% interstitial lung disease, 30% coronary disease, 30% splenectomy 20% diabetes,

10% renal and ureteral calculi, 0% hodgkins disease x 2, 0% hypertension

Agent orange exposure during Army Vietnam tour of duty presumption

He is terminal due to multiple cancers and currently critical in hospital due to his one remaining kidney failing,

unresponsive pneumonia, and intestional blockage of hardened fecal matter. cannot eat or drink due to blockage.

*bladder cancer 3 times 2 years apart & now bladder cancer has spread to lymph nodes in right pelvic

area and bone-ribs, spine and right leg upper area,

RCC-right kidney cancer and loss of kidney, bypass surgery, VA Mental health documents

PTSD and severe depression/panic attacks daily, intestional adhesion

surgery x2 due to hodgkins tumors/radiation treatments, Barret's esophagus, and more

Current hospital condition:

*remaining kidney at 18% and dropping (dialysis not an option due to overall condition), he has

had long term chronic kidney disease but now severe/acute due to drugs for cancer, pain, pneumonia, diabetes uncontrolled

and low oxygen levels ,radiation damaged renal artery, blood acid levels continue to climb

*significant pneumonia (3rd time in 3 months) not responding to antibiotics this time & complicated by the interstitional

lung disease COPD, high blood sugars, and overall poor physical condition and episodes of low oxygen saturation

*non-movement of 2 feet of fecal matter (ultrasound done) due to morphine/hydrocodone/past intestional surgeries/antianxiety meds/bedridden

Husband's concern is how to help me obtain DIC later since he is under the 10 year period

of 100% so I am asking on his behalf.

Will diabetes and lung disease count as contributing causes if he dies of pneumonia and /or kidney failure &/or intestine death

and would this be considered to award DIC?

At this time my concern is keeping him calm and comfortable, and him not worrying re my not getting DIC.

He is not a candidate for any surgeries, procedures, radiation, or chemo

His health too fragile. We have been told by multiple specialists at Dallas VA.

Hospice is being arranged.

We have fought many battles to keep his health the past 20 years and the Tampa VA, Houston VA, and

now the Dallas VA have all done their best for him but his body has endured too much

thanks for any advice and sorry for the long post

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5 answers to this question

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Welcome to Hadit. You and your husband are in my prayers.

As far as DIC since he has been 100% for 7 years you will need to show a link to his service connection in other words prove that his death is the result of one of his ratable conditions.

There are some here who can explain much better than I but I think that your best bet is to talk to the Doc who will write the Death Certificate.

The fact that he is rated 0% for Hodgins I am pretty sure will be a big help in obtaining DIC. You might also consider getting in touch with LarryJ one of our Members on Hadit who is a Service Officer in Dallas.

Pete

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Ad

"He is terminal due to multiple cancers"

The Agent Orange cancers are listed here:

"VA regulations provide that, if a Veteran was exposed to an

herbicide agent during active service, presumptive service

connection is warranted for the following disorders:

chloracne or other acneform disease consistent with

chloracne; type 2 diabetes; Hodgkin's disease; Chronic

lymphocytic leukemia (CLL); multiple myeloma; Non-Hodgkin's

lymphoma; acute and subacute peripheral neuropathy;

porphyria cutanea tarda; prostate cancer; respiratory

cancers (cancer of the lung, bronchus, larynx, or trachea);

and, soft-tissue sarcoma (other than osteosarcoma,

chondrosarcoma, Kaposi's sarcoma, or mesothelioma).

Presumptive service connection for these disorders as a

result of Agent Orange exposure is warranted if the

requirements of Sec. 3.307(a)(6) are met provided that the

rebuttable presumption provisions of § 3.307(d) are also

satisfied. "38 C.F.R. § 3.309(e) (2009)(emphasis added).

The entire list of Soft tissue cancers is often overlooked by vet reps -it s ere and I will find the list and add to this post.

Will diabetes and lung disease count as contributing causes if he dies of pneumonia and /or kidney failure &/or intestine death

and would this be considered to award DIC"

Only if it is clearly indicated on the Death Certificate that these disabilities or any other SC disability contributed to or caused death.

"He is worried about my being awarded

DIC when he dies and is there something he should do now before it is too late."

Yes- he could assure you that he would want to be autopsied at death.

A full autopsy can often be the most definitive way to assess cause of death.

My husband died with a 1151 claim pending that included his belief he might have heart disease that the VA failed to treat which could kill him.

He was right.

It was my husband's autopsy itself that proved extent of his ischemic heart and brain disease (and additional problems his misdiagnosed SC conditions caused as well as the fact he also had untreated DMII.)

He was an organ donor and this is why the Organ Bank had him autopsied.

Many months after his death I realized how profoundly important that autopsy had been for the DIC award.

"The fact that he is rated 0% for Hodgins I am pretty sure will be a big help in obtaining DIC."

I disagree.But maybe Pete would offer more here for his statement.

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I will concede that Berta is right on Hodgkins she also stated that there needs to be a link to one of the service connected ratings already in place.

In this case an autopsy is important. Make sure that your wishes are known.

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I cant find the inclusive STS list here yet- but this contains most of those cancers:

"In regulations, VA has defined the term "soft tissue sarcoma" to include adult fibrosarcoma; dermatofibrosarcoma protuberans, malignant fibrous histiocytoma, liposarcoma; leiomyosarcoma; epithelioid leiomyosarcoma (malignant leiomyoblastoma); rhabdomyosarcoma; ectomesenchymoma; angiosarcoma (hemangiosarcoma and lymphangiosarcoma); proliferating (systemic) angioendotheliomatosis; malignant glomus tumor; malignant hemangiopericytoma; synovial sarcoma (malignant synovioma); malignant giant cell tumor of tendon sheath; malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid malignant schwannomas; malignant mesenchymoma; malignant granular cell tumor; alveolar soft part sarcoma; epithelioid sarcoma; and clear cell sarcoma of tendons and aponeuroses. (See 56 Fed. Reg. 51651, October 15, 1991). "

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All STS cancers:

http://www.hadit.com/vaclaimslibrary/vietnam/agent_orange_claims.pdf

This info might not be applicable to your situation but it bears repeating-

I need to move this list into the AO forum-too

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