ptsd Deceased Veteran Widows Pay

[banchie]

Hi Brothers & Sisters. My life has improved so much thanks to all of you! A slight tear there, sorry.

;)

One of my brother veterans died with his power of attorney assigned to his wife. He was wounded in Nam in the leg and received disability benefits for leg wounds & PTSD. He died of cancer before I could get him A/O connected (was filing the paperwork on presumption). His rate for leg wounds never increased over his lifetime.

The VA has since cut his wife off from any VA benefits. Is this correct? Here is a women who endured a PTSD veteran, and cared for him dying of cancer in her home. Is she entitled to anything? Pension or VA compensation coupled to power of attorney?

Thanks for your help in advance. Banchie VN 67-68'

[Berta]

Hi Banchie-

The spouse has to file for DIC and accrued benefits.

She needs to file form 2-534 and get a service rep-

Was the AO claim formally filed prior to his death?

If not, she will have to ask for SC death and then associate the cause and contributing causes of death on the death certificate to any Agent Orange presumptive disability.

If the AO claim was filed already -she will have to re-open it in her name.

Although the 21-534 application has places where she can make this clear-I advise attaching a formal re-eopened claim for any accrued benefits due the vet (which she will receive if she succeeds in this AO claim on the veteran's behalf)

The Nehmer court order might provide her additional retro benefits even if the claim was filed recently- I posted a lot here on Nehmer retro-

it pays for AO vets and widows to carefully read this as VA often does not consider the Court Order re: retro under Nehmer-

and every case is unique in that respect.Cant say what her claim would give her as to retro amount.

He must have had an STS cancer causing or contributing to death and listed on the death certificate that way. and also it must fall into the STS Cancer list I also posted here before-

there are about 35 Soft Tissue Sarcomas that are the Agent Orange Cancers.

It is all here under a search as to those cancers.

Many cancers are NOT STS cancers.

The medical evidence must clearly state whether the cancer is STS or not- there are so many medical terms for cancers that the med recs need a good review to highlight a copy of the actual STS diagnosis- the VA will search for this but I see to many STS claims that are denied because no one pointed out the specifics in the clinical record as to what cancers the VA will SC due to AO.

I had to send VA a whole statement with copies of the AO STS list and his cancer med recs attached on a friend's NOD as to the type of AO STS cancer he had- they missed it in their reading of his med recs and denied. They turned and awarded on the NOD.

If wife had his POA -the POA probably is over with his death-

She has to establish herself as legal claimant and also should file the 21-534 within first year after his death-otherwise NO accrued benefits will be awarded to her.

The 21-534 is avaiilable here somewhere- and also at the VA web site and also every vet rep has these forms.

His final check might well already be out of his account. The VA -upon DIC award or accrued award will give her this amount back.

DIC claims can take many many months or even years.

If she is 60 years old or older she should apply for SSA widows benefits.

[banchie]

Thank You Bertha! Looks like not, but will give her the info anyway. Thank you again.

Hi Banchie-

The spouse has to file for DIC and accrued benefits.

She needs to file form 2-534 and get a service rep-

Was the AO claim formally filed prior to his death?

If not, she will have to ask for SC death and then associate the cause and contributing causes of death on the death certificate to any Agent Orange presumptive disability.

If the AO claim was filed already -she will have to re-open it in her name.

Although the 21-534 application has places where she can make this clear-I advise attaching a formal re-eopened claim for any accrued benefits due the vet (which she will receive if she succeeds in this AO claim on the veteran's behalf)

The Nehmer court order might provide her additional retro benefits even if the claim was filed recently- I posted a lot here on Nehmer retro-

it pays for AO vets and widows to carefully read this as VA often does not consider the Court Order re: retro under Nehmer-

and every case is unique in that respect.Cant say what her claim would give her as to retro amount.

He must have had an STS cancer causing or contributing to death and listed on the death certificate that way. and also it must fall into the STS Cancer list I also posted here before-

there are about 35 Soft Tissue Sarcomas that are the Agent Orange Cancers.

It is all here under a search as to those cancers.

Many cancers are NOT STS cancers.

The medical evidence must clearly state whether the cancer is STS or not- there are so many medical terms for cancers that the med recs need a good review to highlight a copy of the actual STS diagnosis- the VA will search for this but I see to many STS claims that are denied because no one pointed out the specifics in the clinical record as to what cancers the VA will SC due to AO.

I had to send VA a whole statement with copies of the AO STS list and his cancer med recs attached on a friend's NOD as to the type of AO STS cancer he had- they missed it in their reading of his med recs and denied. They turned and awarded on the NOD.

If wife had his POA -the POA probably is over with his death-

She has to establish herself as legal claimant and also should file the 21-534 within first year after his death-otherwise NO accrued benefits will be awarded to her.

The 21-534 is avaiilable here somewhere- and also at the VA web site and also every vet rep has these forms.

His final check might well already be out of his account. The VA -upon DIC award or accrued award will give her this amount back.

DIC claims can take many many months or even years.

If she is 60 years old or older she should apply for SSA widows benefits.

[deltaj]

I'm not sure I understand what you mean by "cut off his wife from any benefits." Do you mean this veteran's widow applied for Death and indemnity compensation and was denied benefits by V.A.? If so you needs to get a service officer from Disabled American Veterans, the VFW or a similar organization to help her file an appeal within one year of the date of the denial letter. She is also allowed during that one year time period to submit new and material evidence with her denial. One form of new and material evidence is medical treastise evidence like what is found in a medical textbook or in other forms. I'm trying to help one of my co-workers who is an Agent Orange widow. Her husband was in Vietnam, he later developed lung cancer, had a stroke, and then died before he was service connected for lung cancer. His death certificate lists cardiac arrest as his cause of death. From the internet I learned that pulmonary embolisms from lung cancer can cause stroke and can probably obtain medical treastise info on that from a book like Harrison's Internal medicine but I'll probably also need medical treastise info that proves that stroke can cause cardiac arrest. Any thoughts on this situation anyone

Hi Brothers & Sisters. My life has improved so much thanks to all of you! A slight tear there, sorry.

One of my brother veterans died with his power of attorney assigned to his wife. He was wounded in Nam in the leg and received disability benefits for leg wounds & PTSD. He died of cancer before I could get him A/O connected (was filing the paperwork on presumption). His rate for leg wounds never increased over his lifetime.

The VA has since cut his wife off from any VA benefits. Is this correct? Here is a women who endured a PTSD veteran, and cared for him dying of cancer in her home. Is she entitled to anything? Pension or VA compensation coupled to power of attorney?

Thanks for your help in advance. Banchie VN 67-68'

[jessejames]

To Berta; You stated in your answer below, "His final check might well already be out of his account. The VA -upon DIC award or accrued award will give her this amount back." As you know I am still working with a spouse of a recently deceased 15 year P&T 100% s/c veteran. Her claim has been filed for DIC....he died 3 days before the 1st of the month and "payday". Of course the VA sent the spouse a self addressed envelope and ordered her to send a personal check to repay the check deposited in their account...which she did immediately, not knowing the VA had already taken the check back from their Checking Account. That was around June 5th and we have called 3 times trying to get her money back since she doubled paid them, RO blames Austin and Austin said it takes 21 days ( it has been 45 days now since her personal check cleared the Bank. That is NOT my question, I am giving them until Monday and my personal friend in my Congressman's Office will be calling them.

My question is this: when she is approved for DIC, can she apply and get that last month's check??? If so, what reg and what Form will she use and should we wait until DIC is approved to request the last month's check?? Thanks much, you are the hardest worker on HadIT!!!!!!!! JJ

Edited July 28, 2007 by jessejames

[free_spirit_etc]

The Treatises evidence can SUPPORT a medical opinion that is record - but in this case I don't think it could stand alone. We submitted Treatises info to support what the doctor documented in the records without writing an actual opinion - to show that what was in the record was based on medical sound principles. For instance he gave the growth rate and doubling times of the type of my husband cancer - but didn't discuss it in detail. So we submittef treatise to support what HE said - to show that he wasn't making a wild guess - that sound medical principles not only support that what he said is possible - but that what he said is actually the STANDARD for the field.

I am not even sure how much probative value they will give it - but it is submitted to SUPPORT medical documentation - not to replace it.

I don't think the Treatises will stand alone in the lung cancer / stroke / heart connection. I think you will need a doctor to write that in an opinion - and then you can support it with the Treatises --to add credibility to your doctors opinion (but make aure they don't conflict in some way -- like if you doctor and the Treatises agree on a couple points - but the Treatises goes against some other things he / she says - they might actually try to use the Treatises itself to "discredit" your expert.) Always read the WHOLE thing before you submit it - and make sure there is not info in it that will also be held agaisnt the case.

I have read several BVA cases where the person submits Treatises to support ONE point they were making - but the BVA finds other info in it to rule against them.

But just submitting info that lung cancer CAN cause strokes / heart problems, etc. probably won't be strong enough - because it won't "prove" that it caused THIS person's stroke. You will most likely need a medical opinion that not only can it cause strokes - but it is more likely than not that it caused this person's stroke - or in the very least - that it can't be ruled out as having a connection.

Free

I'm not sure I understand what you mean by "cut off his wife from any benefits." Do you mean this veteran's widow applied for Death and indemnity compensation and was denied benefits by V.A.? If so you needs to get a service officer from Disabled American Veterans, the VFW or a similar organization to help her file an appeal within one year of the date of the denial letter. She is also allowed during that one year time period to submit new and material evidence with her denial. One form of new and material evidence is medical treastise evidence like what is found in a medical textbook or in other forms. I'm trying to help one of my co-workers who is an Agent Orange widow. Her husband was in Vietnam, he later developed lung cancer, had a stroke, and then died before he was service connected for lung cancer. His death certificate lists cardiac arrest as his cause of death. From the internet I learned that pulmonary embolisms from lung cancer can cause stroke and can probably obtain medical treastise info on that from a book like Harrison's Internal medicine but I'll probably also need medical treastise info that proves that stroke can cause cardiac arrest. Any thoughts on this situation anyone

[free_spirit_etc]

I am thinking that the widow would get the benefits that pays he MOST. If the vet's ast month is higher than DIC - they give her the last month - but deduct her DIC. If the DIC is more - they give her the DIC but deduct the vets last month's pay. So whichever is greater minus the other.

BUT -- how that plays out - I have no idea. I am not sure they can keep it straight.

The bank put a hold on my bank account over two months ago. The mney is still there - just held. They didn't take it back - but I can't use it. The bank says the hold is indefinite - until the VA takes the money or releases the hold. The VA debt management center says to talk to my bank. The bank says to talk to the VA. Once upon a time the VA said there was no evidence I was his spouse.

I went to the VA today to see my husband's file. There is a document in the file that says that I AM entitled to the Last Month payment and a note that says to file whatever it is they file to reverse the reclaimation.

But -it still hangs in limbo.

Something is lacking somewhere in the follow up. And as long as they can keep me bouncing back and forth "ask you dad" "ask your mom" - no one has to follow up.

Free

To Berta; You stated in your answer below, "His final check might well already be out of his account. The VA -upon DIC award or accrued award will give her this amount back." As you know I am still working with a spouse of a recently deceased 15 year P&T 100% s/c veteran. Her claim has been filed for DIC....he died 3 days before the 1st of the month and "payday". Of course the VA sent the spouse a self addressed envelope and ordered her to send a personal check to repay the check deposited in their account...which she did immediately, not knowing the VA had already taken the check back from their Checking Account. That was around June 5th and we have called 3 times trying to get her money back since she doubled paid them, RO blames Austin and Austin said it takes 21 days ( it has been 45 days now since her personal check cleared the Bank. That is NOT my question, I am giving them until Monday and my personal friend in my Congressman's Office will be calling them.

My question is this: when she is approved for DIC, can she apply and get that last month's check??? If so, what reg and what Form will she use and should we wait until DIC is approved to request the last month's check?? Thanks much, you are the hardest worker on HadIT!!!!!!!! JJ