Need Help With Ihd Dic Claim

[KHJH]

My husband died Nov 2006 from Cardio Pulmonary Arrest. I found out about 9 months ago that IHD was made presumptive to Agent Orange so I filed a claim for DIC.

I received a letter from VA that states "We need additional evidence from you"

During the veterans Lifetime, service connection was established for post traumatic stress disorder, chronic lumbar strain with painful left hip, and chondromalacia left knee. Service connection was not considered for Cardio Pulmonary Arrest. In order to support your claim, you need to submit evidence that shows a disability was incurred or aggravated during service and was the primary or contributory cause of death.

We will request medical records from any VA facility that treated the veteran.

If a private physician or facility has treated the veteran, we may be able to request these records on your behalf.

I sent the VA Medical Records from St. Mary's Hospital in 1990 where my husband had a heart attack a quadruple bypass. His diagnosis was: Atherosclerotic Coronary Artery Disease with Angina. His EKG report states: Consider Lateral Ischemia. The VA doesn't acknowledge these records in their list of what they have received.

I also sent them Medical Records From the VA Hospital

EKG report on 5-23-2003 states: Consider Lateral Ischemia

EKG Report on 10-29-2004 states: Consider anterolateral ischemia

EKG report on 5-23-2005 states: Consider anterior ischemia

EKG Report on 3-13-2006 states: abnormal ECG

EKG Report on 10-18-2006 states: Inferior infarct 2006 ?

VA medical reports 10-2-2001 : Ischemic Heart Disease, CAD/CHF, Angina

VA medical reports 12-2-2003 : Ischemic Heart Disease, CAD/CHF

VA medical records 4-18-2006 : Congestive heart Failure, Angina Coronary Artherosclerosis, coronary bypass

VA medical records 10-23-2006: CAD/CHF

VA medical records 11-5-2006: CAD

VA Medical records From the ER and hospital stay on the day he died.

Death certificate stating cause of death as Cardio Pulmonary Arrest

VA Hospital Autopsy Report

Then the letter states: We may consider that the veteran's cardio pulmonary arrest is associated with dioxin exposure if you send us scientific or medical evidence showing that the veteran's claimed condition is medically associated with dioxin exposures.

If a doctor expressed an opinion regarding the relationship of the veteran's condition to dioxin exposure, send us that opinion, the reasons and bases for that opinion, and the clinical treatment records. In addition, the doctor should provide literature that supports the opinion. Literature may consist of scientific or medical journal articles, etc., that supports the doctor's opinion that the veteran's exposure was related to the veterans diagnosed condition.

I don' know who to contact for a medical opinion and don't think I have enough time. I have until June 14th to send in additional information.

Also stated in the VA Letter (which really upset me)

Evidence of record indicates that you and the veteran did not live together continuously. Therefore we need statements from you and two other persons, with the following:

All dates and places where you and the veteran lived during any period of separation prior to the veteran's death. Include a statement explaining why each separation occurred. If there was a written agreement or court order of separation, please send up a copy.

A statement if whether or not you and the veteran intended to again live together.

Any attempts you or the veteran made to resolve or settle your problems

The amounts and dates of the veteran's contribution to your support during each separation.

Did you or the veteran ever apply for divorce or annulment? If so, give the date and results of the court action and furnish a copy of the divorce decree, if any.

Not sure where this came from. My husband and I were married for 30 years and were never separated. We lived in the same household for 30 years.

Not sure what to do now. I sure would appreciate any advice

[KHJH]

No, Ischemia isn't mentioned in his autopsy report but it is listed in his medical records that I sent VA.

yes, I also posted on VBN. I've spent a lot of time on VBN and Hadit researching DIC claims.

Thanks for the links you posted. They will be very helpful.

[Berta]

"No, Ischemia isn't mentioned in his autopsy report but it is listed in his medical records that I sent VA."

Good ......because that exact word is what VA is familiar with seeing for IHD claims.

For some of my claims I often copied and then highlighted with a magic marker, specific medical entries from my husband's VA medical records, in support of my claims and listed those records as evidence by date with my other submissions.

It looked to me that the VA ,based on your post, had not acknowledged the private records at all.

It is imperative that they acknowledge them as evidence, even if you have to send them again.

If I were you I would use the IRIS VA system, available at www.va.gov , it is the "Contact Us" link, and ask them to acknowledge if they have received all of your evidence, to include the autopsy, as well as all VA medical records and the med recs from St Mary's hospital.

I always ask for an email response because they can say anything in a phone call response , and there is no hard copy proof of what they say,unless you ask for email or snail mail response.

And mention exactly what you have sent to them on the Response form for the VCAA letter.

I have been a VA claimant for about 16 or 17 years.

It amazes me how, as all of my claims reveal, the VA would say they never got the most important evidence I had sent.

This has happened to many claimants here as well.

We have to keep on them,if they ignore any of our evidence.

.

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[jbasser]

The only thing you need is atherosclerosis listed in the Autopsy.

They are playing games with you.

Do you have a VSO?

You may need an attorney.

J

[john999]

I would consider getting a lawyer. Why the VA plays these games is just cruel and inhuman. They think they can discourage you. Your claim should be a slam/dunk for presumptive AO of IHD.

John