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Deceased Veteran Widows Pay

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banchie

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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'

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" if the doctor won't give a medical opnion".... and he is a vietnam vet, a outside doctor or va doctor is required by law to write the veteran a letter outlining the disease he is treating him for, for the veterans filing of his claim....see booklet below...also get the medical examiner to write on the death certificate..."has died from...............do to Agent Orange complications" these words the va is looking for to compensate the widow....

Revised Agent Orange Handbook... September 5, 2006 PDF.gif VHA Handbook 1302.01, 9/5/06, Agent Orange Registry (AOR) Program Procedures To Include All Veterans Exposed To Agent Orange And Special Health Care Benefits For Vietnam Veterans' Children

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Judy-I forgot to ask-

can you give us the BVA citation number for their last decision? It is public knowledge (No names) at the BVA web site.

Also I mentioned Sec 1151 claims- there is info here and also if you go to

http://www.stardustent.com/svr.htm

and click on the SVR archives for July 18th,I did an hour show at Stardust RAdio on Section 1151 claims and this might help you.

In the future I expect to do a show regared at least in part to DIC.

Also -when did you become aware of the statement from Baylor as to his heart disease?

I am asking because-if this was malpractice,there is a 2 year Statute of Limits if you file a tort claim under FTCA-

I filed and won both- there is an offset factor to consider as well as fact that you might be way beyond the filing date for a tort claim.

However-I found it was easier to prove wrongful death via my FTCA claim to VA then through the 1151 claim.

I dealt with Wash DC OGC and VA's head cardiologists for that.

They all can read.

It might not be an option for you- it depends on when you actually discovered malpractice might have occured-you could use the date you actually obtained the VA med recs and discovered that Baylor 's medical suggestion was not followed through on-

or the date- if you dont have them yet-that you receive them and use that as the SOL.

Then again- a good IMO will reveal evidence of malpractice if it occurred and should also-if it didnt-help get your husband's death associated to his SC disability.

FTCA claims should be handled by a lawyer- but you can send in the filings forms to begin a FTCA claim youirself-if malprace has occurred that contributed to his death.

Edited by Berta
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Thank you Berta. I am looking for my VA papers to find the citation number but don't know right this minute. What is the BVA website? Could I look it up under his VA case number or other number?

I am not at all sure how to go at this, DIC or Section 1151.

I have spent all day researching the heart and the effects of both radiation and chemo drugs on the heart. The hords of information I have uncovered in just a few hours is quite astounding. The clinical studies and published writings of many doctors and cancer institutes leaves no doubt as to the powerful effects of both treatments upon the heart.

I became aware of the letter from Baylor advising the VA of his test findings and recommending a cardiac evaluation during the first two years after his death as it took me that long to obtain ALL the records. They came in to me in bits and pieces. I'm not sure at what point in that 2 years I saw the letter but nonetheless, it is way after the fact now.

All the material I have read today links the Arterialsclorotic heart disease directly to the chemo drugs (namely Adriamycin as the #1 culprit and then on to name Oncovin and Prednisone and others) all of which he was given. The studies go on to say that radiation therapy (Mediastianal Radiation) is even more damaging and when the two are administered together the risk is drastically increased. His original treatment in 1968-69 was with million volt cobalt at Presbyterian Hospital in Denver, with treatments being 5 days a week for 17 straight weeks. Approximately 5+ years later during the first recurrence, he was given a combination treatment of radiation and chemo (chemo for the first time). Later recurrences were rounds of Chemo with protocols of 4 to 5 drugs in the mix, some of which are the drugs mentioned above.

I feel like I'm rambling here but I would like to know if I could look up the BVA citation number and where.

Thanks for your input Berta, its easy to see that you have been around the block many times with these people at VA and know the highways well.

Judy

Judy-I forgot to ask-

can you give us the BVA citation number for their last decision? It is public knowledge (No names) at the BVA web site.

Also I mentioned Sec 1151 claims- there is info here and also if you go to

http://www.stardustent.com/svr.htm

and click on the SVR archives for July 18th,I did an hour show at Stardust RAdio on Section 1151 claims and this might help you.

In the future I expect to do a show regared at least in part to DIC.

Also -when did you become aware of the statement from Baylor as to his heart disease?

I am asking because-if this was malpractice,there is a 2 year Statute of Limits if you file a tort claim under FTCA-

I filed and won both- there is an offset factor to consider as well as fact that you might be way beyond the filing date for a tort claim.

However-I found it was easier to prove wrongful death via my FTCA claim to VA then through the 1151 claim.

I dealt with Wash DC OGC and VA's head cardiologists for that.

They all can read.

It might not be an option for you- it depends on when you actually discovered malpractice might have occured-you could use the date you actually obtained the VA med recs and discovered that Baylor 's medical suggestion was not followed through on-

or the date- if you dont have them yet-that you receive them and use that as the SOL.

Then again- a good IMO will reveal evidence of malpractice if it occurred and should also-if it didnt-help get your husband's death associated to his SC disability.

FTCA claims should be handled by a lawyer- but you can send in the filings forms to begin a FTCA claim youirself-if malprace has occurred that contributed to his death.

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Go to

http://www.va.gov/index.htm

then click on BVA on the left and then go to the bottom of the BVA menu for decisions.

In the search button it would be good if you know the exact year the decision came to refine your search-

then search for Key words- such as the VARO involved or put 'widow' or DIC into the search feature or his disability.

It will take time but you will find it.

Also the BVA web site will reveal that there are plenty of widows like us-who the VA puts through the mill-

Then again one of the important regulations that Agent Orange veterans have today-

began with a widow-

Beverly Nehmer- The Nehmer Stipulation and Court order which has cost the VA millions in compensation for veterans who sacrificed and were damaged by a deadly herbicide due to their service.

You will also see at the BVA web site how many widows need to obtain an independent medical opinion because their

evidence is continually rejected by the VA who tells them they are not competent enough medically to opine on the claim.

Medical studies and treatises are good but best to let a IMO doctor incorporate them into an IMO.

I feel that you have a very valid basis to re-open the DIC claim as well as support a Section 1151 claim.

I wish I had thought of an IMO years ago- it was something that vet reps never suggested in those days and IMO doctors were not allowed to advertise on the internet then.

When you re-open this claim (did you yet?) (because I am assuming their denial decision came a long time ago)you should receive a VCAA letter and in many cases these days the VA will tell a widow to obtain an IMO anyhow to resolve the claim.

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I've been doing a lot of research and its overwhelming to see all the evidence proving my claim was indeed valid and denied wrongly.

I have lots of studies, publications (MD Anderson; Mayo Clinic and on and on) but DO need an IMO to go with it I'm sure.

I have not yet reopened the claim, not sure if I should do so until I get the IMO and have all my ducks in a row; perhaps someone can advise me as to how to proceed.

I'm a bit confused here. If I reopen the DIC (which is truly justified by the new and material evidence) would I proceed with an 1151 claim at the same time? Or wait until the DIC is settled and then what?

I really don't have a very good understanding of the best way to go about this.

Also, if the DIC is granted do they have to pay it retroactive to death or is it their discretion in any way?

Judy

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Berta,

I am not able to find any information about this decision on BVA website; it seems it only goes back to 1992. He died in 1990 and I think the appeal was probably denied in 1991 however I am not at all sure. I went through all the 1992 for Houston RO and didn't see anything. I'll keep trying though.

Judy

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