Dic Question

[Guest terrysturgis]

About a year and a half ago I lost a friend to cancer. He was 101st in country Viet Nam veteran. At the time his wife did not want anything to do with the VA and she did not feel she could get any help. Now it is time to take up the battle. Her DAV SO suggested she get the cancer doctor to write a letter to connect his Prostrate cancer as "As likely as" to his AO exposure because that cancer is listed as presumptive. He had other cancers too but they were not on the presumptive list. Her SO said "his numbers for Prostrate cancer were very high" and she is trying to help. He had other claims pending and I'm not sure what they were but I will find out. Any suggestions would be appreciated. THANKS! Terry Sturgis

[Berta]

Terry- did she file the 21-534 application within one year after his death?

They will only pay accrued benefits if this app is filed within that year.

Did she formally re-open his claims?

She definitely shoud push for DIC- the other cancers- the list of AO Soft tissue sarcomas is very long and if a vet rep or SO just looks at med entries that have odd medical jargon-they could easily overlook

the fact that AO cancers have many different types and forms- especially the STS ones-

Soft tissue Sarcoma- also adjudicator miss this too-

There are about 35-40 found within the VBM 2005 Edition page 172 -I posted this list at hadit in the past and it can be found at NVLSP web site and with 38 CFR.

Also the Prostate cancer -there are some limiting rules on that for AO benefits I believe due to the fact that it can be treated-not sure-hope someone else chimes in- I believe one of our vets got a prostrate rating that was reduced due to treatment. Prostate cancer usually does not cause or contribute to death-

unless it metasizes- and spreads to something else- that is a different story-

I think the SO might want to consider this advise to her instead-

Depending on what the death certificate and autopsy (if done) says-

She doesn't need a statement like the SO suggested -she needs a medical statement that states that the Prostrate cancer more than likely contributed to or causes the veteran's because-----

and then give a good medical rationale for his/her opinion with a rationale that covers their education and expertise that gives their IMO credence. Especially if there was STS involvement or the prostate cancer metasized.

There are good decision at the BVA web site showing how a SC cancer that might not have contributed to death could potentially spread into an organ that directly caused death.

The VA SCs a death whether the death certificate listing shows SC as causing or contributing to death.