ptsd Need Your Suggestions On Dic Appeal...

[dubsnpugs]

Hello, I have spent quite a bit of time on here the last couple of days reading and reading and then researching and researching. You all are a wealth of information, thank you so much for the guidance. I feel like I am at the point where I need guidance and reassurance that I’m not fighting a losing battle with the VA to determine if my Fathers untimely death was service related or not…

My Father served 3 tours in Vietnam (USN) from August 1965 to January 1968 (He was in Vietnam just 10 days after his 17 birthday, thanks to his loving mother who sent him off to war (insert sarcasm)). After 1968, he was discharged to deal with 2 knee injuries that he suffered, one in war (66’) and one while in Japan waiting for orders on his next tour (67’). He re-enlisted in the USAF and served with them from February 1974 to September 1979. He was discharged due to his medical needs (knees and back) and psychiatric needs. After his discharge my father spent many years in a dark bedroom, went from job to job, struggled with drug use off and on, and sometimes we would not see him for days (or even weeks). My mother stood by his side the entire time. Trying to seek help and time after time, he was pushed off as a "druggie".

Time line of events:

1990’s: In 1991 my father began to suffer severe nerve issues in his hands, legs, and back. After numerous trips to the emergency room, and several surgeries later, he was approved for SSD in early 1994. He also began seeing VA Dr.’s around that time as he was in need of knee surgery and had limited funds as Medicaid would only cover 80%.

1998: His application for disability benefits was received on September 27, 1998 for Agent Orange exposure, PTSD, Knee & back disorders.

2001: Started receiving 60% V.A. benefits and was solely under the care of the V.A.. VA denied claims of Agent Orange as part of the disability, even though he showed neurological signs of exposure. From what I can see my father never fought that ruling.

September 25, 2006 received 100% V.A. disability for his service related injuries, which according to the V.A was PTSD with secondary major depression disorder, degenerative changes status post fusion at T7-8-9, thoracic spine, degenerative arthritis left knee, and degenerative joint disease right knee.

2009: He was provided a motorized wheel chair as his back was too weak and his knees could no longer support his 160lb body. My parents lived in an old farm house that was not wheelchair friendly and this caused many issues for my father trying to get to and from the bathroom with very narrow door ways. It was suggested by his physical therapist that he should have leg braces to help him get in and out of the door ways. My mother was there to help care for him, however she has M.S. and didn’t have the physical strength to get him to the restroom and back.

2009-2012: He had a spinal fusion surgery and another knee surgery and was hospitalized several times for severe falls, one breaking 2 ribs.

9/3/2012: Saw N.P at a V.A. Clinic. Complained of headaches and had a huge bump on his forehead from a fall and she ordered blood work to be done, and sent him home as there was nothing she felt she could do for him. (Currently waiting on a copy of these reports, will have it next week some time).

9/8/2012: 64 years old, passed away shortly after a fall in the bathroom, when his knees and back gave out. The EMT arrived and he was pronounced dead on arrival. He was taken to the corners office. This EMT service had been to the house over 25 times since 2008, and I’m currently waiting on those reports indicating his numerous falls and ambulance rides to the ER, as the VA never requested them, even though we signed release forms. It was suggested by one EMT that was on scene that evening that most like was a blood clot or aneurism due to the falls and the bruises on his head from pervious falls the prior weeks, I’m not sure if that was documented in the report.

9/11/2012-End of Sept.: Death certificated signed by NP on 9/11 who saw him 5 days prior complaining of headaches. She did not see or examine my father’s body. She listed his cause of death as: A. Immediate cause: unknown, uncertain and B. (due to of as a consequence of) COPD. She also didn’t suggest an autopsy and during this time my mother was literally in shock and was not mentally capable of asking for such, he was cremated on the 12^th, as my mom didn’t have the money for a burial, and I paid for the cremation. I arrived to their home the evening of the 11^th (It’s a long way from Florida to Oregon) and my mother didn’t know her address, important information, etc. She was literally in shock. With the help of her family members I was able to step in and take control and begin making arrangements with the National Cemetery in Portland as well as filing the necessary V.A. claims and dealing with SS. I was there for 4 weeks handling it all, and eventually I had to go back and deal with my life that was on hold.

10/19/2012-VA received application for burial benefits, DIC, and pension.

10/31/2012-Received confirmation that they are processing claim.

12/1/2012-I moved Mom to Florida as she has all of $700 SS income to live off of. Tried to get her a VSO here in Tampa, and no such luck. The gentleman she spoke to said he can’t help her as it was out of his area. So basically she communicated back and forth with the Salem Oregon office from this point forward.

3/1/2012-Per the request of the VA we sent additional documentation for his Dr.’s that he saw for the past 20 years along with a claimant response letter.

3/27/2013-Received confirmation that they got the 3/1.

5/5/2013-Called Salem office to follow up and our case worker was no long employed and they could not locate his file. V.A. at its finest.

5/30/2013-Faxed all documents and previous confirmations to new case worker.

6/19/2013-I received a call from the case worker that we should have a decision soon and wanted to know how things were going??? REALLY???

8/15/2013-Received denial letter.

8/20/13-Sent medical records from a hospital that the V.A. could not seem to get, that I got in about 3 hours. Also sent a release form for them to get the EMT/EMS records from the night of his death.

Between August and December of 2013, we made close to 15 calls and could not get a single person to call us back.

1/23/2014-Received yet another denial letter and stating that they stand by their original ruling, as COPD as cause of death. (More on that in a moment).

Since that date in January (knowing that I have a year for an appeal), I have spent that time building our case, collecting medical records, reading and researching and I feel like I am about ready to submit the appeal (waiting on EMS records and missing VA records).

Here are some of my questions and thoughts….

Like many vets my father was a smoker and did have stage 2 COPD. From my understanding of COPD, there are 4 stages of it. My father was NOT on oxygen nor was he on anything but a simple inhaler. He was never hospitalized for this condition and was not treated for it on a regular basis. He didn’t have cancer or heart issue (ruling out heart attack). How can they say that the cause of death was not service related, when the cause is listed as unknown? How can they say COPD was the cause of his unknown death? Is that even possible? Can you die instantly from COPD (my findings is that most die with COPD, not from it).

Why did it take 8 years (1998-2006) for my father to be 100% disabled when it is very clear he suffered from his PTSD for decades that totally affected every part of his life and his symptoms were first noted in 1968? He has been using a cane to walk since the mid 1990’s and why did it take 10 years to get him a wheelchair and how come he was never given the leg braces to support his legs when he was trying to get from his chair to the toilet or shower? If COPD is really the cause of death wouldn’t that be service related since it was the service who provided him cigarettes in his daily rations in Vietnam? and wouldn’t it be service related if his nicotine addiction was contributed to his PTSD and his other secondary major depression issues (whatever that means)? I’m not convinced that my father died from complications of COPD, considering his issues were not breathing related, they were related from a fall that evening and probably many falls prior. How do I get the V.A. to see that? Also the NP that saw him a few days before his death and completed the death certificate was a total %$&^# when we questioned her findings and asked to have his records updated to reflect just unknown cases/undetermined and list from complications of a fall in the second line, as that is what all the medical reports lead too. She refused to take our calls on that and never responded to our written requests.

What do I need to submit to the VA to get them to see what I see? Apparently they reviewed all his records (minus the EMT records). Is there another angle that I can approach as far as him not being 100% from the start (or even from 2001) when there was no doubt that he was not employable or really even mentally functioning? I’m open to your thoughts, suggestions and opinions. Sorry for such a long post, but at this point I could literally write a book on this case as his records are endless.

Respectfully,

S. Foster

[Berta]

"Hypo-tension"....Gee I was thinking of your last post on my way home yesterday

I had just had my annual EKG (great Thank God) and my doc and I discussed HBP meds. (I had been on them for a while years ago and they were devastating to me. I dont have HBP at all,weaned myself off them and have had no problems since but sometimes get white coat syndrome)

My doc mentioned that the HBP criteria has changed for seniors and they are using 140 to 160 as a base line now instead of the 140 and over value for the top number ( (systolic).

I have no idea if this would eventually change the way VA rates hypertension.

The doc told me medical evidence and studies have shown that seniors are often overly medicated for BP and this can certainly cause falls.

Also I assume that anyone with mobility problems would also have that factored into their own BP readings.

Something seems wrong with this entire medical picture involving your father's care.

An ME (Medical Examiner) or any health care provider who can fill out and sign a Death Certificate, you would think, would have had an autopsy done for sure, if there was no immediate cause of death they could list.

Did you ever call the ME in your locale to see what they say about this death certificate?

I too found clear X rays to disprove a condition the VA treated my husband with.

It seems to me that you father's SC physical disabilities caused the falls that caused his death....then again there is no primary cause of death given.....

That is problematic without an autopsy but then again, that leaves the door wide open for finding any or all of his SCs as contributing to the cause of death, or to medication prescribed by the VA as causing the falls.

Was he taking HBP medication from VA in addition to other meds?

Do you have his medication list? That too could reveal other meds that could have caused him to fall.


If I were you I would email John and send him a link to this whole thread:


John is a member here and will read it.

I am glad you are going over all of his med recs carefully.

When I discovered the very first incident of medical malpractice, after my husband died, it clearly had a snowball affect, and I found much more.

I lost a former veteran husband due to a brain tumor and had a neuro lay background that helped me a little but mainly, my daughter still remembers, before she joined the Military, that there was always a stack of medical books on one side of my bed

that I needed to read and a big stack on the other side I had read and needed to return to multiple libraries.

This was before the internet as we know it today.

When I re opened on another malpracticed condition and also filed a CUE claim on my husband's 1151 CVA and malpracticed AO IHD, it was easy for me to prepare a brief email to Dr. Bash, telling him some of the evidence I had.

He immediately responded with ''if you have that, this is a good case'. I had plenty more when I sent him the package of the med recs,etc. The internet, and my determination to research as much as I could , put a big puzzle together right away.

John Dorley and Craig Bash are very user friendly. They are both busy but I am sure John will respond to you as soon as he can.

Personally, if VA gave him all of his medical care, I think they missed a lot here and maybe that is why there is no official prime cause of death if someone at the VA signed the death certificate.

I proved under FTCA that VA even tried to cover up their malpractice from one VAMC, at another VAMC.

After the Phoenix incidents ,and how VA has manipulated all sorts of stats and records, I have absolutely no faith at all in VA medical care.

Edited July 22, 2014 by Berta

[Berta]

Re read this again...he was taken to the coroner's office...but a VA NP filled out and signed the death certificate?

That does not make sense to me at all.Have you asked the coroner why they didn't sign it?

When my husband died and even when I re opened my claim I called the coroner and the ME about a few things I didn't understand.

They might even have an email addy on line.

[Berta]

It could be the inhaler that caused his death:

http://fightforvictims.com/defective-drugs/advair-inhaler-lawsuit

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCgQFjAB&url=http%3A%2F%2Fasthma-inhalers.net%2F&ei=oMfOU8XXGcfC8AHIgYHYDw&usg=AFQjCNEiQOBtLCUy6Xz34vqf8hyJuvygaw&sig2=tO1Lvof8jvCgb7yylInh2g&bvm=bv.71198958,d.b2U

http://www.aboutlawsuits.com/asthma-inhalers-increase-risk-of-death-1987/

[JR Reihs]

Re read this again...he was taken to the coroner's office...but a VA NP filled out and signed the death certificate?

That does not make sense to me at all.Have you asked the coroner why they didn't sign it?

When my husband died and even when I re opened my claim I called the coroner and the ME about a few things I didn't understand.

They might even have an email addy on line.

This and the Agent Orange claim jumped out at me............This thread makes me angry. I ran into a simular situation with a (AO) Vet that was having Chemo the same time as my father, after 4 hours of talking to them, I was steaming mad at the VA. After filing the paperwork for the real benefits he should have gotten, he passed away.......I got her the DIC pretty quick, but it was no excuse for the VA not to have taken the extra step, as there were so much they deserved that were not given....................On another note, I was not aware that a NP has the authority to fill out and sign a death certificate????

[Minnysoda]

Ms. Foster, this is John Dorle and I was referenced in this thread. I would be more than happy to talk to you, to see if either myself or Dr. Bash can help. I read all the posts and feel confident. Contact me soon though, as the appeal deadline is rapidly approaching and it should be worded and developed correctly.

John Dorle

651.303.3062

[dubsnpugs]

Looks like I will have a busy morning of going through each of your posts, again and again (I wish I could hug you all for the information, you all are amazing). I have sent Mr. Dorle a message to further communications with him. It just so happens that my mother is in Oregon right now and I have had her on a wild goose chase these past 10 days. So far I am making good progress on getting medical records Va and private, I have a few more stops for her to make tomorrow (she will be back here in Florida the 1st week of August, so trying to get done what I need to move forward on this appeal). The VA records are a mess and so hard to follow along, I'm on page 900 of 2500+, so just highlighting issues as I read them. I will call my Mom in the morning and ask her about the coroner's office and why the NP signed off on the certificate??? I honestly thought that was odd too. I have a full list of all his medications, and I will post them in the morning (at the office on my server). The list is very overwhelming and I can't imagine someone on so many pills for so many issues. Something else that I found out today (from mom) is that the VA didn't provide him the motorized wheelchair, it was Medicare. It was also medicare that paid for the knee surgery (1999) as the VA declined it, it was medicare who paid for his back fusion surgery in 2006, as the VA kept pushing it off. However, I can't find in his VA records where they really ever addressed the issues. It's just odd. I'm sure I will have more questions once I get into the office. I have a pile of papers to scan in as well (found his denial letter from 1997 and 1998). Off to bed to process all of this.....