Berta

Survivors- a Must read

13 posts in this topic

And this widow's claim is exactly what I mean.....

ORDER

Entitlement to service connection for leukemia for accrued benefits purposes is denied.

Entitlement to DIC benefits on the basis of service connection for the cause of the Veteran's death is denied.

Entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1151 is denied.

https://www.va.gov/vetapp15/files2/1515238.txt

The  claims were not properly presented and it was obvious the widow did not have any idea what to do,

in part it reads:

"appellant has provided no objective evidence to support her contentions. The medical records clearly document the onset of the disease and the treatment until the Veteran's death. The difference in whether the leukemia was referred to as CML versus CMML appears to have caused no delay in the treatment of the Veteran. Moreover, there is no objective evidence of record to show that any treatment provided to the Veteran was incorrect based on whether the diagnosis was CML or CMML. The Wichita VAMC staff review and VHA opinion considered that possibility in concluding that the Veteran died from his disease and that there was no misdiagnosis or untimely treatment. The appellant has been afforded several opportunities to provide objective evidence to the contrary but has not done so."

 

The claim had been vacated by the CAVC with a attorney representing her. But she was lucky to get the vacate order as it opened the claim  up for more evidence,and she went back to the BVA or to the VARO but did not have any attorney at that point and had no idea what to do........as to obtaining  what the VA needed.

This could have definitely become an AO claim, even possibly under Nehmer , yet the widow seemed to have her own idea as to the 1151 and AO issues and unfortunately this claim has been denied.

Also sometimes a claim's worse enemy is the claimant themselves.

Survivors often do not have a clue on VA 101. And that is because they do not use the internet and.or come here or to any other VA claims site.

I know this claim had a chance but so be it.....it was denied and I wonder who her lawyer was at the CAVC, and if a real vets lawyer,maybe she did NOT follow his advice.

He certainly should have suggested an IMO and the full autopsy, if one was done.

 

 

 

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