ptsd Service Connect Copd To Ptsd For Dic Claim

[jostema]

Hi, My husband passed away in May of 2011. He was rated 100% S.C. for PTSD in March 2002. The death certificate lists Natural Causes from COPD as the cause of death. I filed a claim in June 2011 for DIC and was denied because cause of death was not service connected and I didn't qualify under the 10 year rule. Just recently I spoke with his mental health care Dr. at the local VA hospital where he was treated. His Dr said that in his opinion that my husbands PTSD contributed to his smoking and his difficulty in quitting and that smoking was the cause of his COPD which was the cause of his death. My question is ..can I file another claim to try and connect his COPD as secondary to his PTSD? or file another claim for DIC benefits with the information and the opinion I got from his Dr.? and what do you think my chances are if I did file a claim? Thank You.

[Berta]

"My question is ..can I file another claim to try and connect his COPD as secondary to his PTSD? or file another claim for DIC benefits with the information and the opinion I got from his Dr.? and what do you think my chances are if I did file a claim? Thank You

Did you file Notice of Disagreement.within one year after receiving the denial?

If so, what is the status of that?

Just recently I spoke with his mental health care Dr. at the local VA hospital where he was treated. His Dr said that in his opinion that my husbands PTSD contributed to his smoking and his difficulty in quitting and that smoking was the cause of his COPD which was the cause of his death. I suggest you ask the VA doctor if he would be willing to state that in writing with a full medical rationale. Is it altready perhaps stated buy this doctor in his medical records?

In this 2012 BVA case the decision is:

ORDER

The claim of entitlement to service connection for the cause of the Veteran's death is granted.

The claim of entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1318 is denied."

The 1318 was denied because the veteran was not TDIU or 100% for ten contiunuous years.

The DIC was awarded because

"The Board has reviewed all of the evidence and finds that the preponderance of the evidence shows that the Veteran's PTSD led to increased smoking, which in turn caused his COPD, all of which contributed significantly to his death. Accordingly, the Board finds that service connection for the Veteran's cause of death must be granted."

http://www.va.gov/vetapp12/Files3/1217387.txt

If you can get a formal opinion from this VA doctor , it would help tremendously to prove your case.

But you might instead have to get an Independent Medical Opinion instead from a nonVA doctor. They would need to follow the IMO criteria here at hadit in the IMO forum.

This is another DIC award :

ORDER

Service connection for the cause of the Veteran's death is granted.

The claim for entitlement to dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318 is dismissed.

In part the decision states:

"Further, the Board finds that while the evidence does not unequivocally show that the Veteran's terminal cancer would not have occurred but for the nicotine dependency which was caused by the service-connected disability, the treating physician advanced that there was a definite etiological connection between the nicotine dependency and the development of the cancer, as indicated in both his letter and the Certificate of Death. As such, the Board finds that the Veteran's nicotine dependence due to his PTSD played a causative role in the cause of the Veteran's death, which according to the death certificate was cancer."

. http://www.va.gov/vetapp11/Files4/1138828.txt

You should absolutely pursue this claim.

If your appeal deadline has passed you will need New and Material evidence ( in the form of a strong IMO or any VA doctors statement of the connection, in order to re open this claim..)

Or to get time to obtain the IMO you could file the re-opened claim,tell them what this VA doctor had said, and send VA any good medical printouts that would should how PTSD can cause nicotine dependence, and send them also the BVA cases to those awards above , because to re open they must have something new and significant enough to warrant the re-open.

Can you tell me the exact type of COPD he has?

Some forms of COPD are not associated with nicotine use, as I understand it.

Also was he ever exposed to mustard gas?

Do you have his SMRs?

Edited February 11, 2015 by Berta

[Gastone]

What Berta said! Sorry for your loss. As with all others, mine is a non professional opinion. COPD is a very difficult nut to crack as a secondary SC to PTSD. Your husband appeared to be a Nam Vet and non-smoking 18 year old men were far and few between back in the 60's. I don't have the exact stats but I was the only non-smoker out of 80 Marine Boots in my 1968 Boot Camp Platoon.

When did your husband get the COPD DX? My dad, WWII Combat Vet started smoking when he was 11 and didn't quit till he was 64. DX'd with COPD about 2 yrs before dying at 84. I think most young guys in the 60's were doing about 2 packs a day before they went into the Service. So if your Husband had a long history of smoking, linking COPD to his PTSD could be problematic. If you could find a Dr (Board Certified Pulmonary Specialist) that would or could establish the all important Nexus, just maybe if you could get to a 50/50 maybe or maybe not. The Vet get's the benefit of doubt but it's a real reach.

You might want to review past 2 years of BVA Appeals Decisions, with emphasis on COPD as a Secondary issue.

Best of luck

Semper Fi

Gastone

[Berta]

I mentioned possible exposure to mustard gas, and COPD because:

"ORDER

Service connection for a chronic lung disorder (including COPD,
emphysema, and bronchitis), for accrued benefits purposes, is
granted."
http://www.va.gov/vetapp04/files2/0411380.txt

In part the decision reads:

"Considering the evidence on file when the veteran died, the Board
finds that he had full-body mustard gas exposure in service, and
he later developed a chronic lung disorder (including COPD,
emphysema, and bronchitis). Such chronic lung disorder began in
service, in accordance with the mustard gas regulation. The lung
disorder was incurred in service, warranting service connection
for accrued benefits purposes."

One of my husbands (I had a few) was in 2 mustard gas tests inservice in Germany.(Army)

They were tests for full body exposure.

In one test everything went OK , but in the other one, he got briefly ill but the med team had their hands full treating other very sick soldiers.

Mustard Gas exposure claims require proof of Full Body exposure. ( I forget the name of the gear they wore but I have a lot of info on that on my PC somewhere)

Like my Army husband, his and all exposed MG tested soldiers would have entries in their SMRs from the medical team as to any adverse outcomes of their exposure. Also documentation would exist elsewhere maybe with Command ,I am sure, on those test results.

The medical teams and their findings were necessary for documenting the results of these tests, for every soldier in the tests.

I imagine the testing was handled like tear gas tests were, but MG is far worse then tear gas..

I think the nicotine dependence due to PTSD, causing the COPD is the strongest theory to claim but it often pays to raise ANY potential theory of entitlement.for service connection.

I am a widow too.