Jump to content

Recommended Posts

My husband passed away 1-7-21 and the death certificate stated Idiopathic interstitial pneumonitis.  He had been at a 100% rating for the past 6 years.  However the rating was for Schizophrenia Paranoid type.  His private doctor wrote a letter stating the pulmonary fibrosis happened in Vietnam.   But the VA dr said no there are no service records showing that and declined the claim.  I included in the claim that the treatment for pulmonary fibrosis are steroids and the medical records show they had to stop the treatment because he became so agitated on multiple occasions.  That was not addressed in their deciison.  I need a veterans group to help with the appeal.. Who should I contact?

Link to comment
Share on other sites


  • Replies 4
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

  • Moderator
Posted (edited)

You should file a substitution of claimant.  https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf

This should enable you to continue the claim, to include filing cue on the unadjuricated claim, or, filing a new claim for the one unadjuticated, for your late husband. 

Berta, will chime in, hopefully.  

If you post the reasons for denial, hadit members will be better able to help. you.  

As far as the VSO's, my experience has been they know less about DIC than I do.  

Last, but certainly not least, contact NVLSP and ask them for help.  

NVLSP:

https://www.nvlsp.org/

Edited by broncovet
Link to comment
Share on other sites

  • HadIt.com Elder

I am so sorry for your loss. I am a widow too (of two disabled vets).

I had many problems with my original DIC claim-long ago- because the VARO refused to consider my most probative evidence.

My VSO and vet reps didn't have a clue on DIC.

Everything I know about DIC is in our DIC forum.

Broncovet is right- can you scan and attach the decision here? Cover your C file #, name, address prior to scanning it.

You said:

 "His private doctor wrote a letter stating the pulmonary fibrosis happened in Vietnam.   But the VA dr said no there are no service records showing that and declined the claim. "

A valid independent medical opinion requires the IMO doctor to have the full SMR records- to include military personnel records as well as all other VA or private medical records, in this type of situation.

Do you have a copy of all of your husband's SMRs ( aka STRs) Service Medical/ Treatment  Records. If so did the doctor have the as well?

Those records are critical to establishing a bonafide " nexus" or service link to his cause of death.

The VARO might still have them and could send you a copy--but they might have been retired to St Louis by now.

You said:

 " I included in the claim that the treatment for pulmonary fibrosis are steroids and the medical records show they had to stop the treatment because he became so agitated on multiple occasions. "

What source are these medical records from-

-----inservice medical records or from the VA or from the private doctor?

"That was not addressed in their deciison. "

The actual letter from VA will tell us why they were not considered.

It might be some bogus reason or a valid reason.

I will find a list of VSOs /Reps- what state are you in-?

 "I need a veterans group to help with the appeal.. Who should I contact?"

You should acquire a rep at this point but the truth is, you are already at the best place in town for DIC help.

You said "the death certificate stated Idiopathic interstitial pneumonitis."

I assume that was listed on the death certificate as # 1. Immediate cause of death.

Did they list anything else as a contributing factor under # 2?

Was an autopsy done? If so have you acquired a copy of it from the Medical Examiner ?

My USMC husband was autopsied and cremated because he was an organ donor.

The autopsy was critical to my DIC claim. They- my RO -ignored 12 copies of it that I sent to them by priority mail.

I had filed FTCA for wrongful death and they failed to send the autopsy to the General Counsel- VA. When I found that out I raised Hell, sent it to their Peer review doctor and the General Counsel VA called me to negotiate a wrongful death settlement.

I tell the vets here to make sure the spouse is up to date on their VA health care and that the spouse can use a PC and come here, if they expire.

Did he have an claims pending at his death- if so that is when you need to formally substitute yourself as the claimant but I assume that is all explain in the new forms.

 

 

 

 

Link to comment
Share on other sites

  • HadIt.com Elder

Two questions---

Where did he serve and when? 

Was he ever exposed to asbestos`, or radiation, or any environmental toxins. and where?

Can you tell us what meds he took for the schizophrenia- Paranoid type?

I have some research to do and have found two DIC claims, so far,  granted for Idiopathic interstitial pneumonitis.  

"Idiopathic" often means 'no known cause'- but the BVA awards for DIC have revealed an inservice cause.

BVA decisions are not acceptable as evidence, however they contain a wealth of information----I will search some more.....

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Niceguy1958
      Hypothetical question, If I’m 100%disabled would my adult step-son whose receiving DEA benefits while attending college continue receiving these benefits if my wife ( his mother) dies while he still in school?
  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 58 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
        • Like
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 18 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    406%
    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines