tdiu Senior Members, Former So's Please Only Respond

[spike]

I've been doing research for a friend of mine. He is much older, as he is a Korean War Vet. The VA has been screwing him for way to long. He is rated 100 % TDIU and nobody even told him of ChampVA or his wife being covered. He has been paying out of his retirement for medications. I am very upset, so thats why I am VERY PISSED. He hasn't been able to get good advice from anyone and I have been researching. A private doctor indicated to him he has Hep and Cirrhosis of the Liver. As I listened, he indicated several chemical exposure while in Chosin Res. I know he can get an IMO. I reviewed what the doctor told him. I see a lot of denials for Cirrhosis of the Liver and Hep in BVA. He has had something like 17 blood transfusions, and several medications. He is already 90 SC, but in his old age, he is concerned that if his loved one survives him, he'd rather have the total 100. Oh he is 100 TDIU. Please verify this BVA case, the one I see that I think very much relates to him as well....its Citation #9934390 granted on 12/16/99, Docket 98-03-766. Please HELP! Advise is encouraged.

[Guest RickB54]

I've been doing research for a friend of mine. He is much older, as he is a Korean War Vet. The VA has been screwing him for way to long. He is rated 100 % TDIU and nobody even told him of ChampVA or his wife being covered. He has been paying out of his retirement for medications. I am very upset, so thats why I am VERY PISSED. He hasn't been able to get good advice from anyone and I have been researching. A private doctor indicated to him he has Hep and Cirrhosis of the Liver. As I listened, he indicated several chemical exposure while in Chosin Res. I know he can get an IMO. I reviewed what the doctor told him. I see a lot of denials for Cirrhosis of the Liver and Hep in BVA. He has had something like 17 blood transfusions, and several medications. He is already 90 SC, but in his old age, he is concerned that if his loved one survives him, he'd rather have the total 100. Oh he is 100 TDIU. Please verify this BVA case, the one I see that I think very much relates to him as well....its Citation #9934390 granted on 12/16/99, Docket 98-03-766. Please HELP! Advise is encouraged.

Spike,

It really doesn't matter what any BVA case says because BVA cases are not law. It doesn't make any sense that he should worry about 100% or TDIU, both pay the same, and both have the same benefits. As a veteran with TDIU I am surprised he did not check into champava, it is my understanding when awarded TDIU or 100% veterans will also receive information about Champva. But it really is his responsibility to find out what is benefits are, the VA is not going to give out a list of benefits, the veteran has to ask. Also why isn't he using the va for his meds and medical care, if he cannot afford to pay for them out of pocket. I don't see how the VA has been screwing this guy, seems everytime a veteran has a problem it is the va's fault , I just don't buy into that kind of thinking.

[Tbird]

rick's right about the tdiu or 100% it pays the same, so he's good there. the va usually sends information about champva and other benefits with the award letter, but sh-t happens and maybe he didn't get it, or like many of us maybe he got it, but just never put 2 and 2 together, i've done that myslef.

so i would focus on the champva, and other spouse benefits and get those in order for him and i would get him set up with a doc at the va, so he can get his meds there. that will save him a ton of money.

[Vike17]

Spike,

In order for the VA to award service-connection for Hep (A,B,C it doesn't matter which one), there generally must be an actual diagosis of it in the veterans SMR's. There are some exceptions to this, but normally it must be diagnosed while on active duty.

As far as the cirrhosis of the liver, if I'm not mistaken, this is a presumptive condition, meaning the disease must have manifested itself within one year of disacharge to warrant service-connection if it wasn't diagnosed while on active duty.

"As I listened, he indicated several chemical exposure while in Chosin Res. I know he can get an IMO. I reviewed what the doctor told him"

Chemical exposure in and of itself is not a compensable dsability by VA, just proven disabling residuals of such exposure are. If the veterans contention that his Hep. or cirrhosis of the liver was caused by such exposure, he'll need an IMO to make the connection between the two. Furthermore, the veteran is already receiving 100%. Wouls these additional disabilities mean an additional benefit to the veteran, such as SMC????

CHAMPVA is a benefit awarded to a veteran receiving either 100% via the rating schedule or due to 100%IU AND is rated P&T. This would be noted somewhere in the veteran's rating decision.

Furthermore, as Rickb54 and Tbird stated, why isn't this veteran using the VAMC for his medication? It's free since he has a rating of 50% or more or if its for a service-connected condition.

How is VA screwing this veteran? I dojn't see it!

Vike 17

[Berta]

Usually the VA -in my experience- sends a separate letter saying the dependents of a 100% P & T veteran might be eligible for CHAMPVA.

CHAMPVA technically is a separate VA program and has to be formally applied for before they will issue a CHAMPVA card.

If the cirrosis of the liver could potentially cause or contribute to his death (or the Hepatitus) a formal claim should be made- to at least get

possible SMC com0pensation or the widow could get DIC unles he has had the 100% rating for ten years by time of death.

But I agree with Vike and answered a question like this here recently-

Hepatitus can cause cirrosis of liver-

heavy alcohol use can too-

Didnt I already answer this?

I mentioned that Monte Wilson of the VVA got the first hepatitus to air gun win-and he told me how he did it-

I mentioned in my past reply to this same question what VA looks for in these claims- and how they can deny them too-

If the tramsfusions were inservice that wou;d be potential nexus for the Hep- still- as Vike said- this would take a strong IMO.

[spike]

The deal heres is the guy is 78 and believes to have a forshortened future. He doesnt want his wife to have any problems with DIC. When he was first SC he said there wasnt really any help in the 50/60's. I really feel bad for the guy, he doesn't want his wife to know worried that she would be scared. I just know he needs to get everything SC that he is entitled to, so that there is no problems for him or his wife. Its sad, I mean hes always been nice to me, and the guy had tears in his eyes. Everytime I see old Vets at the hospital it pisses me off when they are not treated well.......I know I will be in their shoes one day.