My Husband Died On Nov 26th

[KHJH]

My husband passed away on Nov 26th. We buried him on Thursday.

He was only 58 years old.

He was in the hospital 5 times in the last month and half for kidney failure.

This last time they were getting ready to start dialysis and he went into cardiac arrest and died.

I keep thinking why didn't they do dialysis the 3rd or 4th time why wait until the 5th time. Maybe I should have took him somewhere else.

Everyone left today and I'm by myself for the first time. I don't know what to do with myself. I walk from one room to the other just looking at his stuff. I feel like beating my head against the wall.

Kathy

[Pete53]

Dear Kathy:

I pray for you and your Veteran who you stood by till the end. He was way to young and the VA should have done better.

If there is anything you want please don't hesitate to ask. I am at your service.

Pete

[KHJH]

I am so sorry for your loss-

I know what you mean-a sudden death just seems to make time stand still-this sounds like it was very unexpected---

I remember I actually wondered, at the funeral service- where the heck Rod was---all of his buddies were there- his VA shrink and some of the VA counsellors, and even his best friend from Vietnam were all there----

Of course he was there -in a little cremains box at the front of the Chapel.He died very suddenly.

I made him a cup coffee every morning-from habit- for a long long time after he died. An unexpected death is very difficult to accept. But we do begin to accept it.

You said:

"I keep thinking why didn't they do dialysis the 3rd or 4th time why wait until the 5th time."

I am wondering that too. Was this a VA hospital?

Was he being treated for some time for renal disease by the VA?

If he had a claim pending for SC you have to re-open this claim formally in your name for any potential accrued benefits.

I suggest you get a vet rep to help you- and file a DIC claim on 21-526.

The VA web site has the form too- about 20 or more pages to print out.

You will need a certified copy of the death certificate, an autopsy report if that was done, marriage license etc-unless they already have it.

BUT even BEFORE you do that- you should request all of his VA medical records from the Records access officer and send the request to the last VAMC that treated him.

When I did this many years ago- I had no problem-but when I asked for some better copies of a few VA medical records I could not read 2 years ago- I had to send them a whole lot of stuff to prove I was next of kin etc.

Even though they knew it. Those few medical records were critical to my present claim.I don't think you will have this problem-but you might have to send the Records Access Officer some proof of who you are and proof that the veteran died (the death certificate).Hope this all has not become a rigamorale for widows of vets to get the records of their spouse.

When you get the medical records-I strongly suggest that you consider getting get a independent medical opinion-

this might be costly---however-

this looks like -if the VA treated him, was aware of his renal disease, and they took over a month to give him dialysis-they might be liable for his death.But perhaps they did all they could-

I know you are wondering about why this happened and I sure am-too-

Then ,depending on an IMO-on the VA DIC form you can claim direct service connected death (if there is any potential way that any SC disability he had caused his death-and a good medical opinion should cover that aspect of his death too-) and you can also claim death due to VA medical care under Section 1151 if the IMO doctor sees that something was not medically appropriate here.

At least , even if the VA was not at fault-you would know -and the IMO doctor might be able to support a direct SC claim for DIC.

The admission and discharge certificates as well as the final hospital records and the blood chem work are critical to your claim. You need all of the records but make sure they send you those most recent copies that are easy to read and not cut off by the copy machine.

Was he an incountry AO Vietnam vet? did he have diabetes mellitus? Was the renal disease due to his diabetes?

Some types of kidney disease have a known association to diabetes.

VA knows this too.

Berta

Yes, my husband died at a VA hospital. This was actually the 6th or 7th time he was admitted for kidney failure. The first time was in March 06, then I think a few months later he was admitted I'll have to check his records. In the last month and half he was admitted 5 times for kidney failure. The 3rd time he was in there this last month it is in his medical records that they suggest dialysis but was never discussed with us.

My husband was in Vietnam. He was considered to be borderline diabetic. His A1C test were not high enough to file a claim. I think the highest was 6.4. But the 2nd time he was hospitalized in the last month and half one of his diagnosis was diabetis, also in one of his reports from a doctors visit says Diabetis - Stable. He also has in the medical records when he had a foot exam that he had diabetic feet. All of his medical records says Diabetic diet.

He had filed a claim with his SO about 3 weeks ago for SC for his kidneys. Secondary to pain medications he was taking for his SC back, leg and knee. I had asked his doctor if he thought he could file a claim for his kidneys. His doctor said yes it is because of Diabetis due to agent orange. I said I didn't think his A1C was high enough. He looked on the computer and said probably not. Then I asked him about getting his kidneys service connected due to pain medications he was taking and his doctor said it would probably be worth our while to file a claim. He was taking piroxicam, hydrocodone, Methadone, and morphine.

Yes, I did have an autopsy done and his family threw a fit about it.

I called the VA hospital today and they said I could come in and sign a release to get his medical records. I always got his medical records so I only need them for Nov.

Can you file a claim for DIC and also 1151, or only one of them.

Thanks

Kathy

[LarryJ]

I am so sorry to hear of your loss.

I just lost my only Brother last Friday night, and, as sad as that has been for me, it could not compare with losing your spouse.

May G-d Bless and keep you.

[Berta]

You can file a claim for both direct DIC due to the diabetes causing the renal disease, therefore contributing to death-as well as a claim for DIC under Sec 1151.

You can also sue them under FTCA.

I recommend getting a good IMO before filing a FTCA claim or the Sec 1151 claim.

"said I didn't think his A1C was high enough. He looked on the computer and said probably not"

The VA probably does not even calibrate these HBICA machines like they should- I would not depend on that reading- seems to me they already did diagnose the diabetes.

You would need to look at the Blood Chem reports to see what his glucose values were-under glucose -when they just did blood work without the HBIAC.

Also if you see a medical association between his meds and his diabetes and/or his kidney disease, I would add a claim on that basis too.

Someimes we forget- a veteran or widow can claim SC under any potential scenario at all-

one reason for SC might not be proven but another one could.

What I mean is a vet could claim a disability is due to Agent Orange, or their MOS, or an inservice accident, or VA medications.They can raise any possible way the disability can be service connected.

Actually the VA itself is to consider any potential scenario for service connection. They usually dont.

But I believe they did this for me- they saw something in an old CUE I had that was denied, and they are re-opening it themselves for service connected death.

You will have to re-open the claim he had pending and you can add the diabetes, and the foot problems, and anything else they should consider as potential SC.

Make sure on the 21-534 app you tell them in Section XI that you are not onlying claiming direct SC death and Sec 1151 death but also you are re-opening the veteran's claim for accrued benefits for Diabetes due to Agent Orange and all secpndary conditions.

I put all of this on my initial DIC form but also formally stated the claims separately and attached evidence soon after filing the 21-534.

They need a lot of financial info-for any potential death pension award instead of DIC.

Also the vet rep should have the form for Burial Benefits and you need to file that form too.

They need copies of the funeral bill.

"Yes, I did have an autopsy done and his family threw a fit about it." I know how that goes. The hell with them. You did the right thing.

Is the autopsy consistent with the death certificate?

I don't suppose the vet rep helped him file a TDIU form-did he?

He should have- but then again he wasn't being negligent- it is -you just never know about death- this is why I suggest vets file for TDIU even if the vet rep says not too.

The TDIU form requires the vet's signature- too late for that now if not done yet but the VA

-as this appears to me- should award him 100% P & T accrued benefits -as a posthumous award.

It is always difficult to really know what they will do however.

I hope your vet rep sees the potential for accrued and the Sec 1151 claim.

The DAV was very negative when I filed these two types of claims in 1995. I succeeded in them- Good thing I didnt listen to the vet rep. Sounds like your vet rep is more on the ball than the one I had then.

I have claim in progress for direct SC due to AO.

The lawyers who won the Nehmer AO lawsuit feel I should get 12 years more of DIC under a AO award.(on top of the DIC for 1151 award) your claim is very similiar and by the time you get your decision I might have more information on that possible situation.

If the VA malpractices to the point that they caused the death of a veteran-they should be held financially accountable in every possible way.

Also-if you are 60 years old or over you will probably be able to apply for and receive SSA Survivors benefits on his SSA account.

Edited December 4, 2006 by Berta

[Guest HolliGreen]

Kathy, I am so sorry to learn of your loss. Please accept my sincerest condolences. H.G.

[goofycow]

Kathy:

I am so sorry for your loss. My husband died Aug 31 so I know about the feelings of loss and wandering around feeling loss. It will get better with time.

Liz