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Assistance With Dic


kimmig

Question

My husband was 80% service connected, Gulf War Veteran. He passed away in october 2011. had service connected surgery for previous back injury on 26 october and died at home on 29 october. released from the hospital the day after back surgery. VA had him on 14 medications, two doctors didnt talk to one another and he died from " mixed drug intoxiocation complicating recent lumbar surgery". an autopsy was completed and the death certficate does reflect the above. do you think i will have a problem with being granted my DIC? Four drugs found in system, all VA prescribed for his back. the oxy was the contributing drug

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  • HadIt.com Elder

That is horrible. You have much more than just a DIC claim you should sue the VA. Get a lawyer others who know a lot more than I should chime in soon.

My condolences

Veterans deserve real choice for their health care.

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I agree but can answer better in either DIC forum or the FTCA or Section 1151 forum.

I dont think DIC under Section 1151 would be a problem, if this was in fact a VA Medical error that caused or contributed to his death.

I do foresee however that the claim might take quite some time.

VA caused my husband's death and I have posted everything I know on FTCA and 1151 DIC in the other forums here.

It is unconscionable that this medical error was made.

I think it happens more then we know, in both VA and the private medical sector.

" mixed drug intoxiocation complicating recent lumbar surgery". an autopsy was completed and the death certficate does reflect the above.

Have you obtained the complete autopsy from the coroner or Medical Examiner yet?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Thanks for moving this to DIC forum Pete.

The first thing you need to do is obtain a complete copy of his VA medical records. I assume the drugs and treatment were all through VA health care.

They can be obtained with a written request to the Records Access officer ,with his C file number in the request, via the VAMC that handled his care.

“He passed away in october 2011 “.

It might pay to call the VAMC records officer first to make sure of what you need for this request.

When I requested C file copy in 2003 they already had the death certificate and VA knew I was next of kin ,as surviving spouse.

I then requested a copy of a few records 2 years later ,because their print out was difficult to read ,and this time they made me supply my Letters of Administration from the probate court before they would release them to me.

Do not tell VA if you intend to file a charge of malpractice or negligence in the record request.

When you get the records, you will need an independent medical opinion that will reveal malpractice if it occurred.

You have until October 2013 to file a FTCA case.As I assume this would be within 2 years you learned of the potential malpratice.

I advice getting a malpractice lawyer to handle that.If the IMO strongly supports malpractice, then a lawyer would be hard pressed not to consider taking the case.

IMOs can be costly. If the IMO does not reveal any VA negligence or malpractice, the cost of the IMO will give you peace of mind.

It sounds to me like VA gave your husband contraindicated drugs.

In my FTCA and Section 1151 cases,I made multiple charges of malpractice, that I also proved, one being a medication that was unnecessary, and that also was contraindicated by my husband's HBP meds.

I think I mentioned at hadit I lost one charge but realized in my recent award that I had,in fact,proved all of the charges.

I handled my negligence/malpractice issues myself without a attorney and without an IMO.

I don't advise that because it meant I had to study cardiology and , neurology, as well as all FTCA laws.

Luckily I dealt directly with the OGC in Washington and the top VA cardio docs.I could speak their language and had the proof I needed.

But the VA Regional counsel here in NY wanted to settle with me, based on my evidence, within months of getting my SF95 form. Then some very unusual things happened. He retired, the Peer doctor retired and his Peer review report concurring with all of my charges, disappeared....for 9 years...... but I found it.

VA had told me it Never existed.

This unusual stuff added 2 more years to my 1151 and FTCA case and would not have happened, possibly,if I had gotten a lawyer.

There is considerable info here under Section 1151 caims and FTCA and what you need to do to pursue one of or both of these types of claims.

There is an offset of settlement awards under FTCA (the offset amount can sometimes be negotiated as I did with the General Counsel VA)

but this means they will not pay 1151 DIC along with any FTCA settlement,if the entire amount is offset.

I had enough legal background personally to negotiate and get only a partial offset.

Was the 80% SC he had, in part due to the back condition he needed surgery for?

If so, then you could possible file for direct SC death along with 1151 death.

They will only pay one DIC award however and I am the sole claimant I know who has ever been awarded FTCA death of the veteran, 1151 death of the veteran and direct SC death of the veteran.You might be the next widow who succeeds on something like that.

What is the breakdown of the 80%?

Did he receive TDIU? (the 100% rate)?

If so, for how many years?

The direct SC death award I got , that claim took 7 years and was awarded in 2010, brought me almost 100 thousand or more in additional ancillary benefits, above the DIC award.

So this is ALWAYS something any FTCA,Sec 1151 claimant needs to consider: Did they directly malpractice on a SC disability? or on a NSC one?

Do you have a vet rep?

There is considerable info here on Section 1151 claims, most of it is in the FTCA forum.

Any vet rep should be able to advise you on that and also a claim for direct SC death too if the back problem had been service connected.

Did he have any claims pending when he died?

If so did you substitute yourself as the claimant?

What is the status of those claims?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Forgot to ask-

are you aware of any possible Incident Report the VA did regarding your husband's death?

They might have put one into the C file record. That is where I found one.

His C file can be requested from the Regional office he dealt with.

Med recs come from the VAMCs.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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yes i have received the autopsy report and have his complete medical records in which i have poured over them over and over again. My husband had an enlarged heart,liver, spleen,30% blockage,an adrenal adomna (dont know if it was functioning or not). my husband had complete mri's ekg etc and the VA never not one time informed him that his heart was enlarged. We found in his medical records about the blockage of his cortoid artery and they did nothing about it (that was in august 2011)

20% back (had one back surgery in 1999 before getting off active duty)

10%-feet

10% feet

20%-ankle

10%- can remember what for urghh...

0%-ibs

0%-hearing

denied the liver-he had elevated liver enzymes approx 6 months after returning from the gulf-tested him for everything to include hep a, b, c etc all negative. My husband was so trusting of the VA he earned his medical benefits and he trusted these people, they really really let us all down.

The VA found him positive for a TBI in September 2011 prior to the surgery on his back. Also found him positive for PTSD however mental health doctor stated he was somatizing and obsessed with his health and gave him what MORE MEDICATION...

14 medications, who gives sleeping pills, valium,oxy,hydrocodoine, tramadol,zooloft, another anti depressant, neurotin ( for nerve damage). of course he was acting weird who wouldnt with that mix of drugs in your system. Also he had severe sleep apnea, who gives sleeping pills to someone with severe sleep apnea.

What is so disgusting is the day of his surgery, i asked the nurse to have his doctor that did the surgery to review his medications. They blew me off. He was supposed to stay in the hospital 5 days they released him the very next day.

i have contacted an attorney for a possible malpractise claim. I requested his C file and got that without a problem and have forwarded the records to them.

i do not want this to happen to another family. This has been devasting to us. why why why.....

My husband has a journal that he was writting in in september prior to his death he wrote

i feel like team one is blowing me off

i feel the doom of death over me and i could die at any time, i am worried about my heart and i cant breathe.

he wrote how he was concerned with his cortoid artery and that he was upset the VA did nothing,

DAV has been worthless. There is a huge lack of support for Gulf War Veterans, also the VA doctors have no knowledge of Gulf War symptoms and they totally disregard it.

I work for the state as a Disabled Veterans Employment Rep and i am seeing more and more of these young veterans whom are being medically retired discharged etc and am appalled when i hear the mix of drugs that these VA doctors are prescribing these guys, to include heavy narcotics they are making junkies out of these guys.

This has got to stop there has to be accountability!!!!!

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i served in the military and retired in june 2010, 21 years of service. my husband served 14 years on active duty and finished out the rest in the army reserves he deployed many many times, served tours in combat zones, was an airborne military policeman. he retired in december of 2010, after 23 years of service. the disservice that was done to my husband has been devastating. i have two sons, i never ever want them to serve in the military. my husband had to literally fight to get his ratings, he had to appeal and finally got his rating for his feet damage from being airborne. The VA denied service connection for his liver and neck though and they denied an upgrade on his back when the medical records reveal significant changes in his spine (where he had previously injured and was rated at 20%), he couldnt even walk, he had to use a cane. nothing good came out of my husband using the VA for his healthcare, NOTHING. yes i am upset, i feel cheated, i feel like it was easier for the VA just to give more and more meds not caring about the Veteran, rather just get rid of him with more meds....as i said this has got to stop, there has to be accountability

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