CUE

[Guest Pdiddy]

I received a determination letter stating that my husband's stomach issues and liver tenderness would not have been a symptom of HCV noting that these started prior to Viet Nam, where he was wounded.  He totally messed up the dates.  Injury occurred 05/70 symptoms started 07/70 - shown in his medical records.

One medical examiner stated that his medical records did not show he received a transfusion.  That's because there are no records from his time in the hospital in Saigon.  Maybe I should restate that-those records were requested beginning 1999, again 2001 by my husband and by me in 2016.  None were ever produced. 

Would either of these qualify for cue?

The VA made their decision, denial of course, after I had requested his c-file and again, the medical records from the dates he was in the hospital.   I requested and extension, 30 days after I receive the info.   Wouldn't they have to honor that request?

Thanks

Pat    

[Guest Pdiddy]

One of the VA docs at the Knoxville clinic told Tim to stop taking some med, that I can't remember off hand,  but by doing that he became septic again.  He was in the hospital in Nashville for that.  His VA liver specialist stated that we would have a good case against the idiot. 

Just fyi, the VA liver doc wrote a letter stating the only mode of transmission was in the army.  They kicked that saying the doc just suggested possible exposure - jet gun and wound - but did not provide a rationale as to why he thought that.  smh  That was pretty much the same thing they said in his denial in 2010. His claim that was pending wen he died.  How can they seriously write this bs. 

I faxed a request for files and, at the same time to the board stating I would need more time to complete my claim.  That I needed these docs before I could continue.  I never received a response but I sure got a denial from them - on an incomplete claim.  

Thanks everyone

Pat

 

[Guest Pdiddy]

Berta, there was no means to contract HCV prior to the army but of course, they say I have to prove he didn't have it prior.  I think I have that part under control though.  The problem with their latest denial, my claim, is that the VA examiner denied stating his symptoms started before he was wounded in Nam when in fact it was after he went to Nam that they started.  This and the fact that no one can prove when someone contracted HCV were the basis of his denial.  .  Stupidity abounds.

[FormerMember]

No. You do not have to prove that your spouse had HCV prior to service. He was found fit to serve and not impaired by anything on his physical profile. That is called the presumption of soundness at induction. If they let him join, then they accepted that he did not have HCV. You need his service medical records and VA's c-file like yesterday if you hope to prevail. VA docs can't write nexus letters since June 2010. Most who did deliberately avoided a) looking at the Vet's contemporary records in the service  but most importantly b) "forgetting" to include a reasoned analysis of why they believe it and the medical reasons that lead them to believe it. No "possibly" or "could have". No "rule out" or "might have been". You need a quick education on this and a lot of help to prepare for a win. Either that or a good VA attorney. The reason you haven't won is you don't have the same evidence they have to fight them. Attempting to file a CUE is futile. They'll eat you for breakfast. Your husband is granted the "combat exemption" that if he was in combat, everything he says is true. If he said he thinks he got it at the 3rd Army Field Hospital in Saigon, then VA has to believe him. They can't go off on a wild goose chase into what he was doing before he joined. Most of all, you need an IMO. A good attorney wouldn't hurt either.

Edited December 2, 2016 by asknod

[Guest Pdiddy]

I almost lost my mind with these statements, especially the medical records don't show there was blood transfer.  Paraphrased. 

This was the basis of their denial.   That and they didn't wait for me to submit all of my evidence after they gave me the list of what was needed.   There are 3 separate IMOs, one from Dr.Cecil.  I quoted the presumption of health; the presumption of the validity of an eye witness as well as Tim's written statement; how head wounds are notorious for severe bleeding; and how, since he hinged his denial on the dates of complaints in the smr, he couldn't have it both ways therefore he couldn't deny this claim after stating that the would could have been a source... .   Basically that his/her denial was pretty flimsy and left it wide open for me to counter every basis for the denial.  Also, that the examiner was, in fact, punishing Tim for being truthful when he said he couldn't remember.  Ahh, and there in comes the head would; one of the reasons he couldn't remember.  My rebuttal is 59 pages long so I did cover lots of other ways to become infected, quoted a bunch of rules I didn't feel they followed, as well as case law.

So, any thoughts - for or against what I have 

Pat

[Berta]

As I recall 

This started out as a death after a  “botched liver transplant” and loss of 13 gallons of blood::

http://community.hadit.com/topic/68746-tracked-item-for-rmc-medical-records/

You said an autopsy was done and that  you had 3 IMOs.

The death certificate entries you posted here  revealed causes consistent with bleeding to death.

Did any of the IMO doctors who opined on the Hepatitis consider whether there had been malpractice during the surgery?

Or -were these the IMOs that were never written: as you stated here:

“The IMOs that my atty got were, apparently, never put to paper. “ ???

 

 

 

If these IMOs you just mentioned were 3 Other new IMOs and they are on   paper, did they have the autopsy and all available VA medical records when they prepared their IMOs?

 

 

I gave you considerable info on 1151 claims.

You do feel positive that the Vanderbilt  doctors were  unbrellaed under the VA.

Have you filed a Section 1151 claim  yet?

Have you contacted Dr Bash yet? As I suggested here:

http://community.hadit.com/topic/48396-widowwidowers-section-1151-claims/?page=2#comment-425846

There are 2 distinct separate  issues here:

The hepatitus claim

and the 1151 claim-which I feel is the stronger of the two,based on what you have stated here as to the death certificate, and which the autopsy might fully support.

There could have been underlying conditions VA never properly diagnosed and treated that lead to the death due to the massive bleeding.

"My rebuttal is 59 pages long so I did cover lots of other ways to become infected, quoted a bunch of rules I didn't feel they followed, as well as case law.

So, any thoughts - for or against what I have "

If you do have 3 IMOs regarding the hepatitus claim,and if they were prepared consistent with our IMO/IME criteria here at hadit, you would not need 59 pages of rebuttal.

 

"One of the VA docs at the Knoxville clinic told Tim to stop taking some med, that I can't remember off hand,  but by doing that he became septic again.  He was in the hospital in Nashville for that.  His VA liver specialist stated that we would have a good case against the idiot. "

That could be the crux of inappropriate VA treatment that led up to his death. If you get any IMO for the 1151 issues, his VA med profile will be found in his VA medical records and will be within any toxicology report, in the autopsy included that.

You had thought the acronym DIC was something else but it was in his medical medical records and means

"Disseminated intravascular coagulation  (DIC) medically 

which  can cause clotting to the point of severe bleeding" as I posted in a different thread from you here."

It is my lay opinion that a VA medication or lack of it ( as the Knoxville doctor stopped some specific  med and caused the other doctor to call him an "idiot" as above) is showing a clear setting for possible malpractice.

But I am not a doctor....you need a real doctor to opine on these claims.

yet you said you do have 3 IMOs...???

I agree with Alex that you also will need a lawyer.

I hope others will chime in.

 

 

 

 

 

 

 

 

 

 

Edited March 4, 2017 by Berta

[Guest Pdiddy]

I know what DIC means medically.   The loose form, from an RN, is Death is coming and all I did was make a horrible analogy between the different acronyms.

The HCV claim is the one I am referring to.  The 3 IMOs were for the etiology of the disease proving it was SC.  None of them are related to 1151 or anything else.  The ones the atty allegedly got were not put to paper and they were supposed to be for malpractice. 

I thought I had a good argument for SC but who knows.  They turned him down so I tried to include anything I thought they might rebut.  Hence the 59 pages.

 

I put this here because, true to VA form, I will probably get a denial on everything I sent in.  I am just preparing my options for that and wondered if CUE would be appropriate if they changed the verbiage of their initial denial. 

From:  The examiner noted the abdominal symptoms were prior to Viet Nam and were unlikely the cause and also stated his wound could be the source of HCV but there are no records of unsanitary conditions. 

To: Any other reason because the examiner got the dates wrong that he was in Viet Nam and in fact his symptoms were after he returned.  Also stating that his wound could be... if he had been exposed to unsanitary conditions.  To me, the examiner left the door wide open because he can't contradict himself in another denial. 

I was curious if any one else saw it like that  also. 

 

I am waiting for more medical records before I contact either a Dr or Atty.  I want to be able to put the info I have in order so their respective reviews will be easier.   Yes, I have read the extensive info you provided.  In that info Vandy was shown to be under the VA.   Yes, I believe that the Knoxville Clinic was the beginning of his decline and it snowballed.