pwrslm Posted June 9, 2017 Share Posted June 9, 2017 Have a Nam Vet who will pass today from myeloid lukemia. Checked the BVA appeals and it shows this can be related to AO. Spouse is not ready to shoulder this job yet, but I am doing advanced research. How can she file a claim for him after he is gone? Is it possible? Link to comment Share on other sites More sharing options...
0 Berta Posted June 16, 2017 Share Posted June 16, 2017 https://www.uscourts.cavc.gov/documents/Hupp_03-1668a.pdf http://veteransbenefitgroup.com/category/blog/veterans-benefit-claims/ https://harrismartin.com/article/13311/veterans-claims-appellate-court-reverses-denial-of-benefits-in-cml-case/ https://asknod.files.wordpress.com/2011/12/leeper.pdf https://asknod.files.wordpress.com/2012/02/erspamer_89-14.pdf AskNod is our member Alex---I posted these links here so I dont forget them..as will go over them as soon as I have time. I think I posted this before but to make such this link is here:" A reminder to all... please make sure the spouse is up to speed on your PC and has your hadit password. Others wise if your spouse is forced to depend solely on a vet rep, I am sure the claim will be denied right from the git go, if you die. I have Hupp situation too complex to talk about here and was denied my VCAA rights in 2015. They award the 1151 claim but again ignored the other claim and I am kind of glad they did.... It will be evidence when I hear back from Sec or WH, to prove how the VA treats us widows/widowers. They save plenty of money when we spouses are not familar with VAOLA.I had vet reps years ago and they didnt have a clue on DIC either. Link to comment Share on other sites More sharing options...
0 pwrslm Posted June 16, 2017 Author Share Posted June 16, 2017 We are expediting because of hardship due to terminal illness. He is still hanging on, not much longer to go. Spouse is not great on computer, so I have been helping what I can to get her through this part. I did think there is a case for failure to diagnose, but the damage will be trivial there because they didnt wait, only 30 days later he was properly diagnosed by a civilian MD. John didnt have any SC to the best of my knowledge. His SSN is not in DEERS system, they want him to go down to a VA center to do that, its not possible. We have not breeched the issue to get her to do it, but she is his only caregiver at this point and I am reluctant to tell her to leave his side. He does have a HealthEVet acct, but not an advanced one so we cant download his actual Medical file there. Suggested that spouse go to the VA ROI later to retrieve it. The documents we have collected are being faxed in today (I hope, its more than 200 pages). Her daughter is going to send it from work with the blessing of the employer. We are sending the 526EZ, dependent form, and 2 authorizations for access so she and I can communicate on Johns behalf. After he is gone, I can get her put into his place to complete the claim process, I think its easier since we put in the claim while he was alive no? Link to comment Share on other sites More sharing options...
0 pwrslm Posted June 16, 2017 Author Share Posted June 16, 2017 I will bring her here once things settle down, I think it is to fast to drop all of this info on her at this time. Thanks Berta Link to comment Share on other sites More sharing options...
0 Berta Posted June 16, 2017 Share Posted June 16, 2017 Yes, it is a good idea, but I don't think you should depend on expeditious treatment.The wife still has to become the substituted claimant after he passes away...and there seems to be the missing DD 214---that VA probably has a copy of anyhow. The spouse might want to contact her county Office of the Aging, to see if someone, for a small fee (who I think they vet first) can cover for her if she needs to go to the VA. There are many opportunities to get that type of help in large cities...I live in a farm community but it is part of the county seat and they have a great Office of aging program. Was he in a VA CLC hospice setting before they released him? Something seems odd here but that is only because there isn't much info here to go on.One of my closest friends is involved in CLC and hospice at the local VA. "I did think there is a case for failure to diagnose, but the damage will be trivial there because they didnt wait, only 30 days later he was properly diagnosed by a civilian MD." I disagree-I think the damage by VA is potentially fatal. But not enough info here to really know. She has time to pursue any cause of action on that. Link to comment Share on other sites More sharing options...
0 Berta Posted June 16, 2017 Share Posted June 16, 2017 The key word here is ":Chronic" And another key word might be "blastic" in his medical records. CML can often be diagnosed through the usual annual CBC Bood chem tests we all get.... How long was the VA treating him? This is a rare condition so make sure the diagnosis is exact and spelled correctly. VA can barely read sometimes........do you have any private oncology records? Link to comment Share on other sites More sharing options...
0 Berta Posted June 16, 2017 Share Posted June 16, 2017 sorry,I missed your last post.......I am dealing with a widow from my church---it is overwhelming .....USAF vet..recent Military funeral .......stunning.... she is still in shock........ the wife you know is overwhelmed too.......I will pray for the family. Link to comment Share on other sites More sharing options...
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pwrslm
Have a Nam Vet who will pass today from myeloid lukemia. Checked the BVA appeals and it shows this can be related to AO.
Spouse is not ready to shoulder this job yet, but I am doing advanced research.
How can she file a claim for him after he is gone? Is it possible?
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That is so sad....you are right..another AO vet gone. The family needs time and we can help when they are ready... Based on the private oncologist statement, this will be not only a direct S
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