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Dic Question . . .


Philip Rogers

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  • HadIt.com Elder

I started this claim many yrs ago for my wife (now ex) and her mother. Her father died of an aneurysm on 1/1/69. He was an ROTC, reserve officer and had served a yr in Korea in 1964-65, or thereabouts and was released from actice duty around 1966, but had reserve duty. Reserve officers are never actually discharged from the military unless they specificall request it. He requested a discharge and was discharged around Oct or Nov 1968. SC for an aneurysm can be attained if it happens within one yr of discharge. When he died they denied his widow SC and DIC.

I started a CUE claim yrs ago but never followed up due to a messy divorce. Anyway, does anyone feel she has a leg to stand on based on his actual discharge date of 1968??? I feel she could, although it could take yrs. Any thoughts would be appreciated.

pr

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He had very poor vision and at the time I felt that perhaps the aneurysm was causing pressure on an optic nerve,

causing his poor vision. If I can't tie it to that, then I'm looking for how his discharge would effect SC. Since it happened so long after his Korean tour,64-65 or 66, they used his discharge from active duty as the reason for the denial. My arguement there has to do w/the fact that reserve officers are never discharged, unless requested and was hoping someone may have knowledge regarding that issue???

pr

pr,

I'm not a doc but still maintain my state license as a dispensing optician with

both ABO and NCLE certifications.

This does not raise to any type of doctorate level what so ever BUT

with the medical training and education I have had, I would certainly agree

100 percent, that pressure on the optic nerve from the aneurysm was a direct cause

of at least some, of his visual perception deficits.

As always with a CUE, what is the exact wording of the prior denial ?

Also, at that time we both know there was no Reasons and Bases Section

nor Evidence Section.

In looking over some of my prior denials (only back to 78) they show sections for

the rating decisions as:

J = Jurisdiction

I = Issue

F = Findings

then they list findings of any NSC, that are known of.

I'm thinking, (just to add to the mix), of getting a posthumous IMO from either Bash

or someone equally credentialed, that could go through all the medical records and

provide an IMO showing visual deficits while active duty, with progression of this up

until death. If so, they might opine that the aneurysm as likely as not, began development

while on AD and progressed until death on 1/1/69.

j i f --- nsc - visual problem

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  • HadIt.com Elder

I'll post more tomorrow. I do have his SMR's, the Mass Gen records, the autopsy, etc.. A quick review shows a denial of SC, by the RO. I do have the ratings form. I believe I have a denial of new and material evidence, (ie: the autopsy, the NOD quoting 3.307, 3.309, etc, and much, much, more. Once I've reviewed the file I may see if I can post the decision(s), etc.. Reviewing his file, I must say . . . I was great . . . at least I think so. I'll appreciate you'alls review, when I get to it!!! I even sent them a diagram of the brain showing the aneurysm and the optic nerves but then we divorced.

pr

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"If so, they might opine that the aneurysm as likely as not, began development

while on AD and progressed until death on 1/1/69."

Possible!

This link states:

“Sometimes a blow to your head or an infection in an artery can weaken an artery wall and result in an aneurysm.”

http://www.steadyhea...urysm_a109.html

But that is often a very rare cause for an aneurysm.

Does his autopsy reveal atherosclerotic involvement of his brain?

And was there evidence of this in his SMRs? Such as HBP or noted blood chem values and/ortreatment for high cholestrol values?

Did the autopsy reveal any transcient ischemic lesions?

What I have read on brain aneurysms is that they usually often show no symptoms at all until they burst.

Also: Under Cerebral Aneurysm this link states:

“Mycotic aneurysms are rare and result from an infection. The infection damages and weakens the blood vessel, thereby increasing the associated risk of rupture. This infection occurs most commonly as a complication of subacute bacterial endocarditis (a heart infection). Traumatic aneurysms occur when a cerebral blood vessel incurs trauma from a head injury. The damaged blood vessel weakens at the site of injury which may cause it to rupture. “

http://www.aans.org/...l Aneurysm.aspx

also that link states:

“Every year, an estimated 30,000 people in the United States experience a ruptured cerebral aneurysm, and up to 6 percent of the population may be living with an unruptured aneurysm. “

So this means they could be existing in someone for years before the rupture occurs.

Did he ever have a bacteria endocarditis infection during active service or a major trauma to his head while on active duty?

I am wondering what affirmative evidence the VA could come up with ,that would prove beyond a doubt this veteran's aneurysm was Not present while he served in active duty.All they could come up with in my opinion ,would be mere speculation against that point.

Is it possible to find his treating physician ,or surgeon at Mass General ,when the aneurysm occurred, to see what etiology they could suggest? Or at least,if they would agree that this could definitely been present during his active periods of service?

It took me many long months to find a former VA Neurologist who had treated my husband when he had a stroke but subsequently left VA for a private practice,for my AO DMII death claim.The entire 6 years that claim took I sought evidence every single week.

His email addy was on his internet medical site AD and I emailed him right away.

I told him I had Rod's medical records and one of his written notations in them that was difficult to read. He actually remembered treating my husband. (It appeared to me he was the only VA doctor that was not willing to continue a VA cover up of my husband's IHD.)

Per his request I sent him the blood chem reports from the time he treated Rod at the VA.and one notation he made that I questioned.(which was dynamite when I decifered it which was not easy to do)

He then sent me back an email of maybe two or 3 sentences,which supported my claim.But he never mentioned the notation at all but I sure did to Dr. Bash and to the VA as I was also a witness to something it involved.

When Dr. Bash saw his brief email, he said it was great, and he contacted the Neuro doctor to get it put onto his Neurology letterhead and Dr. Bash incorporated it into his IMO. This specific claim was awarded by the BVA in 2009 and the BVA gave as much weight to this 2-3 sentence IMO as they did to the other IMOs and medical evidence.

By then VA had gotten 3 opinions to go against my claim, so I had 3 opinions for it,2 from Dr. Bash,not redundant but 2 separate opinions, and the Neuro brief email IMO.

It pays to seek every potential piece of evidence you can find on claims like the one you have Philip-as you know.

And if this deceased veteran had any head trauma or any infection in service,such as endocarditis , that could possibly have caused the aneurysm but it would take a real doctor to state that with full medical rationale.

Like you I did a complete brain and heart diagram for my DMII claim, and tabbed it to specifics in the autopsy as well as the documented medical evidence.

VA ignored it but Dr. Bash didnt, and I learned a lot by doing it ,and knew by then I would succeed on that claim.based on the documented medical evidence ,estalished in my husband's lifetime within his VA med recs.

Edited by Berta
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  • HadIt.com Elder

pr,

I'm not a doc but still maintain my state license as a dispensing optician with

both ABO and NCLE certifications.

This does not raise to any type of doctorate level what so ever BUT

with the medical training and education I have had, I would certainly agree

100 percent, that pressure on the optic nerve from the aneurysm was a direct cause

of at least some, of his visual perception deficits.

As always with a CUE, what is the exact wording of the prior denial ?

Also, at that time we both know there was no Reasons and Bases Section

nor Evidence Section.

In looking over some of my prior denials (only back to 78) they show sections for

the rating decisions as:

J = Jurisdiction

I = Issue

F = Findings

then they list findings of any NSC, that are known of.

I'm thinking, (just to add to the mix), of getting a posthumous IMO from either Bash

or someone equally credentialed, that could go through all the medical records and

provide an IMO showing visual deficits while active duty, with progression of this up

until death. If so, they might opine that the aneurysm as likely as not, began development

while on AD and progressed until death on 1/1/69.

j i f --- nsc - visual problem

Carlie - the original rating decision, dated 7/14/69 states:

"J. Original claim for death compensation

I. SC for cause of death.

F. Veteran died of an aneurysm. Cause of death appeared for the first time on death certificate. Service records are negative for cause of death and for any other condition which might be related to cause of death.

8d. NSC, PTE, VE

Cause of death - Recurrent subarachnoid hemorrhage, ruptured cerebral aneurysm."

pr

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PR, were there any contributing factors added to the death certificate as contributing to death?

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  • HadIt.com Elder

PR, were there any contributing factors added to the death certificate as contributing to death?

Nope, no contributing factors, Berta. He was an artillery officer and served in Korea, mid 60's. I'll try and post more, in a few days, as I'm having difficulty w/my scanner and had a tree come down, partially on the house, in last night's storm, that I need to deal with. Fortunately, I have a rented Conex container in my yard, that I use for storage, that took the brunt of the tree and spared much damage to the house.

pr

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