Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Rate this question


DonH

Question

My husband had a Video Conference with the BVA on December 11, 2014. My husband's Appeal has been in Remand status since May 2015. On EBenefits denied disabilities, i.e. Rectal Cancer. even though, a later presenting Prostate Cancer was granted as presumptive to Agent Orange. Additionally, secondary disabilities to Agent Orange denied. To that effect, were the reasons for appeal. Those  were the disabilities shown and listed as pending "disabilities"..  We were able to get our C-File request granted  on November 23, 2016.

Shortly afterward, there appeared  simply a message which states that there are no disabilities pending.  However, we have not received any written communication from VA at this point. 

So, I guess my question is:  Does anyone know what does the  "disappearance" of the listing of all the pending disabilities mean to be replaced by the simple statement:

"There are no disabilities pending.."

 

Cheryl-Wife of DonH

Edited by DonH
word omitted
Link to comment
Share on other sites

Recommended Posts

  • 0

When a vet is awarded 100% P & T ,their spouse and children are eligible for CHAMPVA ( which is fabulous

and I wish VA could award CHAMPVA to veterans themselves) ,and also DEA Chapter 35 educational benefits.

Also some states have special tax exemptions. Even for survivors of 100% P & T veterans.

But the P & T status is what awards those ancillary benefits.

Permanent and Total

The VA rates prostate cancer by residuals.

This recent BVA case has the current rating criteria in it:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files5/1638604.txt

 

 

 

 

Link to comment
Share on other sites

  • 0

Berta,

My husband still has full blown Prostate Cancer-----it has not been cured; just being contained to not get worse. Containment lasting indefinitely. Also, successful containment, not a cure, though, keeps the PSA at a low point....for how long? No one knows for sure. That's why it has been so crazily exhaustive as to how VA keeps running behind my husband with the threat to reduce his rating from 100%..Since my husband already had radiation for the rectal cancer, he is vulnerable and at risk for having radiation treatment again.............which possibly could lead to a curative solution, if he were not at-risk for having additional radiation.

My husband was even farmed out to a local Houston hospital that has a well known name for being on the cutting edge of new/advanced procedures toward curative procedures for cancer. i.e. gold seed implantation. It seems our local VA does not have this particular expertise. They can only offer more radiation. The VA Medical Center in Virginia was an option once upon a time for advanced cancer procedures; however, upon consideration, it was discovered that program was no longer available. In the final analysis the outside source deemed my husband too vulnerable and at-risk to attempt a curative procedure that would only make my husband's condition worse.......and to that effect, if my husband's cancer was being held in check with the Hormones Shots; and his quality of life was tolerable as being reasonable. Then to proceed with a procedure that albeit possibly curative....but residuals effects would worsen quality of life causing my husband to be unable to urinate without an appliance.  In their final analysis their advise was not to anything further but; just maintain the status quo since the status quo was working as doable. The Head surgeon from the well known hospital source was warily pessimistic due to my husband's having had a re-sectional surgery upon removal of his Spincheter; the aggressive severity of his Prostate Cancer; the complications of already wearing of an appliance/ostomy bag; the severity of the presenting residual effects, constant frequent urination; urine retention; severity of the erectile dysfunction; and my husband's age (74). Why pray tell, does VA keep assuming that my husband's is already cured and/or is going to get better to be cured......indicating that he has met the required improvement to be reduced? The outside hospital wouldn't touch my husband with a 10 foot pole because of the severity of his health condition as being riskily operable and not one they were wiling to take due to residual effects of past re-sectional operation (there is no rectum to place the gold seeds) as well as the aggressive severity of his Prostate Cancer and its residuals!

Edited by DonH
misspelled words; additional info for clarity, punctuation
Link to comment
Share on other sites

  • 0

You stated:

“The Rectal cancer preceded the Prostate Cancer. My husband lost his sphincter and wears an ostomy bag........we discovered the loss of his sphincter could have been avoided. we filed a claim for a soft tissue (rectal cancer is a cancer of the tissue and muscles ) cancer presumptive to agent orange. we were denied. we filed a nod. we filed a complaint stating our grief of disappointment under 1151 regarding my husband losing his sphincter due to the right hand not knowing what the right hand was doing. at that time it was just possible to write out your complaint. however , we received notification that we needed to submit our complaint on a new form.”

and

 

 “The Head surgeon from the well known hospital source was warily pessimistic due to my husband's having had a re-sectional surgery upon removal of his Spincheter; the aggressive severity of his Prostate Cancer; the complications of already wearing of an appliance/ostomy bag; the severity of the presenting residual effects, constant frequent urination; urine retention; severity of the erectile dysfunction; and my husband's age (74). Why pray tell, does VA keep assuming that my husband's is already cured and/or is going to get better to be cured......indicating that he has met the required improvement to be reduced? “

The Head non VA surgeon might be willing to write an IMO/IME to support not only the possible negligence on the rectal cancer but also provide enough medical rationale ,due to any possible medical errors the VA might have been, to state that the veteran's prostate cancer is permanent and total and was compromised by the negligence they found regarding the rectal cancer.

(if they do find negligence)

When VA commits negligence/ malpractice, the evidence of that is right in the VA medical records.

Every single entry ( even crossed out ones) must be read over carefully,all blood work profiles must be assessed, MRIs , ECH0s and X rays must be carefully studied, nurses notes, and Chaplain entries,medication profiles,and prescriptions, and in my 1151/FTCA, even my husband's drivers license, dental records from VA, testimony from an EEOC case he had, and even his Initial VA employment physical,all contained probative evidence of malpractice. 

The evidence is right in the VA medical records ,if malpractice ./negligence has occurred....and in my case, even evidence of a cover up. I bet I went over my husband's medical records dozens of times...

and had to focus solely on the actual wording of his 1151 claim, pending when he died.

It is a lot of work to do and the acronyms themselves can tell much but one needs to know what they mean.

I would have gladly paid an IMO doctor in those days but I could not find one at all. This was pre internet, many trips to medical libraries, law libraries,I could not even find a malpractice lawyer....so I did it myself and won.

But in 2003 when my daughter insisted I re open the death claim, after I did all the medical work myself,I sent it all to Dr Bash and he concurred.I won that claim too.

My point is ,if you strongly feel the VA was negligent regarding the rectal cancer and this negligence could have impact on the treatment of the prostate cancer,rendering it continuously permanently  100% disabling

then it would be a great investment (the way I considered my IMO fees) to consider getting an IMO/.IME because if the VA proposes to reduce his rating, you sure might need an IMO anyhow to fight that type of decision.

My 2003 claim was very easy to do in some ways, because by then I had Google, Merck, an enormous cardio text my daughter gave me that Christmas,that cost about 300 bucks, and as I mentioned here before I also studied Endocrinology to prove that my husband had Diabetes from Vietnam which was never diagnosed or treated by VA. I also obtained a freeby IMO- from a former VA doctor who treated my husband and the VA had crossed out his entry but I managed to be able to decifer it.

It said Conf DM. (Confirm diabetes)

They also had another entry that said DVD ( diabetic vascular disease)

The VA endocrinologist said it meant the veteran had  'denied venereal disease'.

BS. My husband never denied he had VD in Vietnam and it always was given a "0" rating on his decisions.

One C & P doctor said he could have died from a Cocaine overdose.

He was shocked when I called him up ( his name was in that decision denying the 1151 DIC) and I learned that not only was he never even given the autopsy, he also had added significant words to his C & P that the VA did not use in the denial.He sent me a copy of it.

The autopsy was a detailed 6 page report . My husband didnt drink and only took what VA prescribed for him.

The complete toxicology report stated that. But the rater withheld the autopsy from the C & P doctor.

I overcame a lot of absolute bull shit from the VA for every claim I had.With and without IMos.

But a strong IMO/IME can stop the VA BS in it's tracks,if the IMO conforms to the IMO/IME criteria here and has a strong medical rationale based on the complete medical records and any other probative documentation.

 

 

 

 

 

 

 

 

Edited by Berta
Link to comment
Share on other sites

  • 0

Great advice Berta,

I'll be speaking with my husband's independent Agent in the next early days of the New Year just to see where her head is regarding the (a) still pending appeal; (b) the 1151/FTCA

(c)IMO/IME----regarding the seeking the  Head non VA surgeon to write an IMO/IME to support not only the possible negligence on the rectal cancer but also provide enough medical rationale ,due to any possible medical errors the VA might have been, to state that the veteran's prostate cancer is permanent and total and was compromised by the negligence they found

regarding the rectal cancer.  Actually, my husband\s rampantly rising PSA was first noted by his psychiatrist for PSTD as she glanced over my husband's physical health progress, And upon further  examination and testing; Prostate Cancer was diagnosed.

Oh, by the way, is there some service connected illness resulting from a veteran contacting VD while in Vietnam. I found out not too long ago my husband contacted a veneral disease while in Vietnam. This occurred prior to my meeting my husband to subsequently marry him. I was so shocked when he stated this information to one of his doctors. My husband says he told me, But, I don't recall. I cannot believe this type information would slip my mind. Anyway, does VD contacted while in Vietnam have a significance to being service connected?

Edited by DonH
adding more details
Link to comment
Share on other sites

  • 0

Possibly.

This is a DIC award from a member here named Emily.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files2/0416074.txt

I knew her from a website she had started herself for widows and widowers of veterans.

Maybe in 2000-2001?

All of a sudden us members of her site were getting emails from perverts and bullys so she had to close the site.

I asked the widows with VA claims to come to hadit.

Only Emily did.

It was one of the most difficult DIC claims I had seen at that point but Emily was very aggressive.

Inservice syphilis contributing to death.

He served during WWII , no VA comp, very little medical care in his lifetime , died in 1981. 

 

 

 

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use