Lung Cancer Rating

[marie2017]

I am the guardian of the now deceased veteran's daughter.  My daughter is 2 years old.  He passed in September of 2019.  He was diagnosed with Pageants disease in 2/2010.  He decided to pursue his claim again because of our baby girl.  He opened it back up in June 2017.  Even after getting a nexus letter that was well supported and documented the VA denied his claim over and over again.  Unfortunately, he eventually developed soft connective sarcoma which was for sure on the presumptive list.  His VA exam was granted with 100 total disabled nexus letter.  He still was denied early last year.  He was just devastated.  

I am pursuing the claim but did not handle his burial nor was I involved.  I don't even recognize the provider nor was his cause of death accurate.  The closest family member only knew he had developed cancer and that he had the pageants disease.  The death certificate is not the accurate cause of death.  I was so pissed.  In November based on my awareness and documentation I provided they sought the second opinion of the VA provider that treated him and verified his condition of the development of the soft connective tissue of the lungs and agreed that was the cause of death.  I was just waiting on my award letter.  Now, after 5 months into this claim, the VA last week, just asked me to provide treatment records.  I could have given them the facilities information in September.  They stated to me that he had a history of osteosarcoma and was continually denied.  I know this is an automatic no on the presumptive list.  I am a 100 percent sure he did not have osteosarcoma.  I don't even know how they can lie like this.  I cant wait until they get the records.  I am now requesting to be a substitute so I can see exactly what was submitted in the past by him.  I know that I researched that only 0.01 percent of people that have pageant disease develop osteosarcoma.  That is a crazy stat but one in my favor.  I know that he didn't and I cant wait to prove it.  Im just concerned now that even though the death certificate cause is wrong and I still could win my case based on the soft tissue sarcoma being the contributory cause to this bogus cause of death, could it alter the 100 total disabled rating he was given at his VA exam?  

 

[broncovet]

Marie  Welcome to hadit..

Its awesome you got Berta to respond.  She needs more info to give you a great answer.  .I moved this into a new post..you had posted in an old 2009 post, so I moved it.   It confuses responses when you post in someone elses post.  Since you are new, I moved it for you.  However, I will only do that once, and these tend to get ignored.   Berta has responded, and I will repost her response here:  

 

Quote

 

To the recent poster marie 2017-

"I am now requesting to be a substitute so I can see exactly what was submitted in the past by him"

 "He still was denied early last year"

I suggest you read over, in the DIC forum, the information as to DIC and accrued claims.

Do you have someone holding your POA?

Was your husband an incountry Vietnam Veteran? Or a Blue Water Navy veteran who's ship was within the 12 mile limit of Vietnam during the war?

 

 " Im just concerned now that even though the death certificate cause is wrong and I still could win my case based on the soft tissue sarcoma being the contributory cause to this bogus cause of death, could it alter the 100 total disabled rating he was given at his VA exam?  "

We need more info on that.

"I am the guardian of the now deceased veteran's daughter.  My daughter is 2 years old. "

I don't understand that. Please do not be offended by my next question- I have dealt with DIC claims for decades and am a Agent Orange widow.

Were you the spouse of the veteran, and living with him, when he died?

Also can you scan at attach here the last denial from the VA? Cover his C file # and name, etc, prior to scanning it.

Someone here will straighten out this thread.

 

Edited 6 hours ago by Berta

 

 

 

 

 

Edited March 2, 2020 by broncovet (see edit history)

[Berta]

Thank you Broncovet- that older post seemed to have other DIC questions that might never have been answered-

I was surprised to find Marie's question-

Replies have to be made on the last page of the thread.

New members should open their own threads.

It has been happening a lot lately here.

 

 

 

 

 

 

[Berta]

To add , you said:

  "His VA exam was granted with 100 total disabled nexus letter.  He still was denied early last year."

Can you scan and attach that denial here , as to the rationale for their denial and also the Evidence list?

Also we would need to see any VA denial you received , and you can attach them here as well.

Cover the veteran's C file, name, address prior to scanning them.

You said:

"I am now requesting to be a substitute so I can see exactly what was submitted in the past by him"

I hope you have used the new DIC and accrued benefit forms.

But a "substitution" is based on many factors, such as:

It involves an accrued claim that was pending or denied before the veteran died.

The  accrued claimant spouse is, in essense , substituting themselves for the deceased claimant, and they have to pursue those claims at that point, the way the veteran would have, if they had not denied.

Most of my claims with VA over the past 20 plus years have been accrued claims.

If the veteran did not fall under Nehmer ( the AO class Action Law suit), the accrued claim must be filed within one year after the veteran's death, with a substitution form filed with VA.,on the proper forms.

This is concerning to me as well:

" Im just concerned now that even though the death certificate cause is wrong and I still could win my case based on the soft tissue sarcoma being the contributory cause to this bogus cause of death, could it alter the 100 total disabled rating he was given at his VA exam?"

In some cases a death certificate can be changed.

Was an autopsy done?What was the "bogus" cause of death?

Did ou question the coroner or the medical examiner?

A 100% rating does not happen at a C % P exam.

DIC and accrued claims are completely different from claims from a living veteran.

" I am now requesting to be a substitute so I can see exactly what was submitted in the past by him."

If he had a VSO or vet rep, they would still have copies of his claims submissions.

Also you, as his next of kin, can request a copy of his C file from the RO, and a copy of his VA medical records from the VAMC he dealt with.

I will try to find a similar claim at the BVA.

 

[broncovet]

Yes, Berta, when I "catch it" I try to tell the poster not to ask their own questions in someone else's post.  However, like yourself,  I have a lot of other things going on, and am on hadit less than I used to.  We need some more moderators, but, of course, those are volunteers also.   

[Berta]

Marie- what is the specific medical name on the death certificate ( or in his medical records if that is what you feel is wrong on the death certificate )-for his soft tissue sarcoma?

There are about 25 Soft Tissue cancers on the AO presumptive list.