DIC Denied Wrong Death Certificate

[Pansy Peacock]

My DIC claim was denied saying that I failed to respond to a request for a "long death certificate"

I never received a letter from the V.A. requesting a different death certificate.

I received two different forms of my husbands death certificate.  One was 8 x 10 other was 8 x 14. I had included the long form in a clear vinyl sleeve and I'm assuming the person deciding my claim did not remove it, unfold it and look at it.

When I received notification April 5, I went to my DAV rep and he sent them another long form of my husbands death certificate, a SOC stating I had not received the request from the V.A. and a NOD for just in case.

I have asked IRIS two weeks ago for any info with no response. Called Peggy a couple of times to be told they had denied my claim, checked eben's and vets.gov numerous times with the only information being my name.

Does anyone here have thoughts on if my claim goes to the end of the line again or if someone will see the SOC and just do the right thing and follow through.  He was service connected BOG Vietnam and his death was secondary to his IHD.

Thank you folks for your time and this board.

 

[Berta]

Just to add.... the VARO will not consider BVA decisions as evidence unless the decisions contains a legal fact that is very probative to the claim.

A past moot  BVA case I had , contained a legal statement probative to my DMII claim. I was able (after a battle and OGC attorney input) to get the VARO to read it. It involved close to 60 thousand bucks they didnt want to pay me,until they were ordered to by the OGC.

There is more to your DIC situation than I first thought.

Did the VA give you any other reason, but for the death certificate BS, as to why they denied the claim?

 

 

[Berta]

One final point:

"I'm in Florida and looked into what I would need to add to the wording on his death certificate as contributing cause and spoke with his cardiologist who said he would confirm that one of his blood thinners was prescribed by him if I needed it. His vascular surgeon also agreed because he was also on another one because he had artificial veins from his COPD caused by his service connected PTSD related smoking and inability to quit."

Would either of these doctors (VA doctors or private dotors?) be willing to provide an IMO in this format:

I have read the veteran's medical records ( or I have treated this veteran for (  ) years) and state it is as likely as not the medication  ( state here) prescribed for his service connected disability of

( state here- I am not sure what they would put- there are many possible disabilties- but you need the prime SC one ,which I assume might be AO IHD-if that had been awarded already to the veteran-I dont know)

caused the veterans death due to ( exact wording on the death certificate as it stands now) because this type of blood thinner is known to cause the type of cerebral  hemmorage (sp?) per the following studies and abstracts done in the standard medical community.There is no other known etiology for the vetera's cause of death but for the medication  of (                     ),prescribed for his service conncted condition of (      ).

(Then they could add a few citations and excerpts you have from medical texts ,they agree with and finish with a statement as to their  cardio expertise, to support their opinion. They might have their own medical text excerpts they would want to use. Some treating doctors would do this for free. I dont know if these are VA or private doctors.

This would help support the DIC even if the death certificate is not amended.

I hope others chime in. 

 

 

[Pansy Peacock]

I have downloaded the form to get the relevant information on his death certificate and will mail that as soon as I know what the VA decision is and if it's needed.  There was no other information on the VA denial page other than them needing the death certificate showing cause of death. Which they actually have. But now have two more. One mailed return receipt with signature and one thru the VSO.

"Was the COPD service connected?"  The VSO officer was able to see on his computer VA information, a few weeks ago, that the COPD had been approved and signed off on. If that is true it would seem that his PVD would also need to be approved as it was more than likely as not caused by his PTSD related smoking.

The PTSD was 30% but should have been 100% from the get go but the information was not looked at.  We appealed, were at the 5 year mark when he died. (Yes ma'am I did apply for substitution) In his appeal we were able to get an independent Psychologist to not only give a great IMO but he was able to actually get my husband to open up to him enough to put him more at ease about his PTSD problems, to not feel so guilty. He also referenced information on the original claim that the VA Psych.s C&P exam had stated issues that would have granted him 100% in the first place.

The last 4 years of his life, my husband only left the house for medical reason's. Period. No one besides myself was allowed in.  He would not go out and I rarely left him alone for more than 20 minutes. I had neighbor statements saying that in the last 3 years they had either never seen him or had seen him just the one time when the ambulance took him away.  Also had one from the son of a gentleman, who's father lived with him in the house across from ours. His father had Alzheimer's and was prone to wandering over. He stated he feared that if his father had actually been able to enter our house on one of his many tries that he would have been harmed. I have no doubt it would not have turned out well.

The Parkinson's claim was also on appeal as the C&P exam was a farce, it was very, very bad. I showed my husband's PC at the VA the examiner's DBQ and his jaw dropped.   His PC not only put in my husband's file that he indeed had PD, he also referenced the private Neurologist report we had had done and stated that the C&P examiner was incorrect. The VA denial also stated, incorrectly that PD was not service connected because he did not show symptoms within one year of discharge. Clearly a rocket scientist worked on this claim. Almost as bad as not unfolding a death certificate.

Again, I really appreciate you guys!

 

 

[Berta]

Geez- they denied my AO IHD claim at first saying the veteran never had heart disease in service.

I sent an IRIS complaint ,the same day I got that, reminding the VA that probably NONE of these first Wave (Ops Rolling Thunder/ Starlight, USMC 1stMarDIV) or,in fact probably no Vietnam vets ever had IHD during their service because they were basically all KIDSwhen most of them went to Vietnam.

That denial was reversed in 3 weeks and also awarded -not only the IHD but 2 CUE claims  I also had pending for many years.

You stated "The PTSD was 30% but should have been 100% from the get go but the information was not looked at. "

If they had significant medical info they never considered that is a CUE. I had the same experience.

My husband died at 30% PTSD. He had received a SSDI award solely for PTSD ( based on his VA medical records)

and they said SSA refused to send them the award info. They lied. VA never sent SSA any authorization form at all- which was still in his C file when he died. I already told the story of how I got this claim awarded. Posthumous accrued award for 100% P & T PTSD with an EED back to 1991 (he died in 1994) and very sizable accrued check.........BUT they coud have made this award in his lifetime, he had 2 hospitalizations for PTSD and considerable other medical info.And the SSDI award.They never read any of it until I went to see his shrink at the VA. The award came a few days before my baby girl left for Lackland AFB. (7 years INTEL USAF).

Anything wrong the VA states can be appealed but we all need to watch out for the deadlines.

 

 

Edited April 21, 2018 by Berta

[Berta]

Geez- they denied my AO IHD claim at first saying the veteran never had heart disease in service.

I sent an IRIS complaint ,the same day I got that, reminding the VA that probably NONE of these first Wave (Ops Rolling Thunder/ Starlight, USMC 1stMarDIV) or,in fact probably no Vietnam vets ever had IHD during their service because they were basically all KIDSwhen most of them went to Vietnam.

That denial was reversed in 3 weeks and also awarded not ony the IHD but 2 CUE claims  had