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    

[FormerMember]

Certain injuries are more likely to receive a transfusion. First, if you are a combat Vet and you say you got a transfusion-that's the story VA has to accept. You do not need the records. It's called the combat presumption accorded all of us combat Vets under 38 USC 1154. If he was medivac'd out to Camp Zama, the  records exist. The NPRC stores hospital records in a different building than the Sick Call records. Same for military records. I've requested NPRC info 3 times and gotten three different sets of records back. 

I use my congressman and NARA a lot and there's a new place up in College Park Md. with tons of records that JCRUR  uses all the time to confirm stressors.

P.S. 

 

Edited November 27, 2016 by asknod

[Berta]

I moved your other posts to this topic:

http://community.hadit.com/profile/23887-pdiddy/

This is very confusing...I thought your husband bled to death in a VA hospital.

That happened in the local VAMC about a year ago,.so it is possible.

I thought you were claiming negligence due to a botched kidney transplant.

 

 

 

Edited November 28, 2016 by Berta

[broncovet]

Good for you, Berta.  We dont always have time to read other posts to know what is going on, so its good if the relevant ones are lumped together.  

[Berta]

In October you asked:

"Berta,

Is 1151 the same as DIC Under 38 U.S.C. 1151 ?  (that acronym needs to be changed-is means death is coming in medical terms)

May sound like a silly question but I have found semantics is everything when it comes to a claim."

I explained DIC is a medical term and does not mean 'death is coming' if it appears in med recs.

It does seem to be the condition your husband died from.

I cannot figure out what type of claim you filed.

If the PH said the 'claim died with the veteran" that surprised me because the PH is usually on the ball.But that is what the DAV told me decades ago and I quickly rattled off the regulations that calls for how a claim can be resurrected.It would not matter in your case unless there was a claim pending when your husband died.

This is the second post here today from a spouse and unfortunately we really do not have the info we need to even opine on these two claims.

What did the Death Certificate say?

Under # 1and also # 2.

Was an autopsy done? If so do you have a copy of it.?

When did he die?

And was he under VA health care when he died?

Your comment above is Correct YES this is a war of the words and semantics mean everything.And the regulations control the semantics.

Did he have any SC ratings in his lifetime and if so what for?

 

 

 

 

 

 

 

 

[Berta]

Broncovet said:

"We dont always have time to read other posts to know what is going on, so its good if the relevant ones are lumped together.  "

 

You are right .I never really have time to read the other posts and get upset when I have to.....because a new topic has been started that is relevant to something they put in a different forum.

 

 

 

 

 

 

 Like 

[Guest Pdiddy]

Hi Berta,

Thank you for cleaning up my mess.  He did bleed to death from complications of a liver transplant, in a VA facility. I have been, as he did, trying o get the HCV sc.  Without the sc, they are stating I do not qualify for DIC because he was only rated 30% when he died.  Part hearing and part wound. 

There are two DIC claims that can be submitted?  I thought.

The issue I am having now is submitting a complete claim.  I faxed a request for added time because the records I requested have not surfaced.  This request was w/I the 30 days they gave me to reply to their request for more info.  Instead of telling me they would not do that, they sent me a denial.  In that denial, the examiner stated that Tim's medical issues - precursors to HCV, happened prior to his tour in Nam and therefore not related to his wound, blah blah.

The dates of his complaints are after he was wounded, after his stay in the hospital in Saigon and consistent  with the incubation period for HCV.  I was just wondering if I could claim cue for his denial and not have to go through the rest of the bs of trying to make my case. .