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Ptsd Denial

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sjh4951

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My late husband suffered from PTSD since 1991...probably longer but the S*** hit the fan then. He was on social security disability from then until he died in 2006. He filed a claim with the VA but his combat action ribbon was not on his 214. It took a year to get it but by then he was terminal and bedridden with cancer. After he died I submitted the amended dd215 for accrued benefits. Was denied. Anyone know why? Any suggestions? Sure could use the help. VSO is worthless.

Thanks!

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This BVA case shows what I mean:

http://www.va.gov/vetapp08/files2/0814590.txt

However if the medical records reveal that his cancer was not squamous cell but in fact due to STS-Soft Tissue Sarcoma- you would have chance to get DIC- and also as I mentioned if the esophagus cancer in fact had metasized from another type of cancer that is on the AO presumptive list.

Did you receive a VCAA letter yet for your DIC claim with an election notice to respond to the VA with by checking Box one or Box two---that also cited provisions of Hupp V. Nicholson?

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This veteran claimed not only AO presumptives for esophagus cancer but also raised issue of direct service connection of it.

He was awarded direct SC for esophagal cancer.

http://www.va.gov/vetapp08/files2/0814590.txt

Do you have your husband’s SMRs?

Also -The VA should request in the VCAA letter that you obtain an Independent Medical opinion-

have they?

Have you considered getting one?

They can be quite costly- I paid 4,000 for 2 of them already-

If he had a private doctor perhaps the private doctor would give you a freeby one- there is a specific format for obtaining an IMO and it is here under search "Getting an Independent Medical Opinion"

I spent some time at the BVA web site and found a few esophagus AO claims on remand for additional evidence -

one widow had an IMO but the doctor only made a suggestion that since the veteran did not drink or smoke- that left AO as a potential cause of his esophagus cancer-but the doctor failed to further support that statement with more medical rationale and/0r any medical treatises on his statement.

A poorly prepared IMO can do more harm than good-

if this doc had said "I have accessed and read the veteran's complete medical records and SMRs and I believe that it is

at least as likely as the not- the veteran's proven exposure to herbicides during service had caused the esophagal cancer -as other factors known in the standard medical community which might lead to this type of cancer (such as smoking and alcohol use) are not found in the clinical record of the veteran and therefore no other etiology but for Agent Orange exposure ,in my opinion, could have possibly caused this type of cancer."

A good IMO will help you but only if the cancer was STS type or metasized from an AO cancer.

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Thank you Berta,

I will try to answer your questions.

For now lets set aside the esophageal cancer claim and deal with the PTSD.

In October of 1991 Bill had a complete breakdown at work. He was found catatonic (?) at his desk (police officer).

He was diagnosed with multiple things, so many that I can't remember them all. One was PTSD though.

He never returned to work but did get worker's compensation due to being harassed by the police chief who "used" Bill. His favorite words to Bill were "you're a Marine, you can take it". Let me state here that my husband was very passive since returning from vietnam..might have been before but I didn't know him then.

In 1992 I was told by a friend that my husband was eligible for social security disability and I applied for that for him. He was approved and because I was now his caregiver, the checks came in my name for him. (Workers Comp also paid me a weekly salary to care for Bill as his doctors said he could not be left alone...to the day he died in 2006 his doctors were still stating this and workers comp was still paying me.

Bill was in and out of hospitals from that day in 1991. He saw a weekly psycoligist and was on numerous medications. He never worked again.

In 2004 Bill was diagnosed with cancer. I urged him to apply for compensation due to agent orange. By then I had also learned about PTSD being compensated..never realized that before. Anyway, Bill did apply for service related PTSD. and the cancer. He was denied for PTSD based on the fact that he could not prove his stressor...the denial said "although we realize that you do have PTSD and cannot prove your stressor one of the following medals will be accepted as evidence of a stressful event." Well, low and behold Bill's combat action ribbon had never been put on his discharge papers so he and I filed to get them amended. It took a year or so to get that done. The amended 215 arrived in the mail in March of 2006 but by then Bill was too ill with cancer to procede with his claim. I just set the amended 215 aside as I was busy with my terminal husband.

(Keep in mind that his last PTSD denial was August 06 (he had sent them everything he could think of..unit diaries, etc so while we were waiting for the amended 215 it kept the claim pending.)

Bill died May 30, 2006. In July of 2006 I went to see a VSO. He told me that he would help me with the esophageal cancer but not the PTSD. I'd have to do that on my own is exactly what he said. Well, he filled out the DIC form, had me sign whatever I needed to sign and then gave everything to me to take home and mail. Before I sent the form to the VA I added

a few lines to what the VSO had written, stating that I was including the new amended 215 to now show the CAR and was filing for accrued benefits for PTSD. When I got the denial it mentioned nothing about the PTSD. I called them and was told that Bill did not have a claim pending and they showed nothing in their file from me. I was so frustrated that I just packed everything up and sent it along with a letter to the BVA (this was March 22, 2007) In July 2007 I got the denial for PTSD from the Columbia office (strange, huh?) Now they are saying that Bill's PTSD was due to childhood abuse. He was abused as a child apparently (although I never heard anything about this until he started seeing a shrink) but was fine when he joined the USMC??.

Now, I have told the VA in many letters that Bill was on Social Security Disability and had been since 1992. When I finally requested Bill's "C" file, (which took two letters by the way for them to finally send it to me) there is nothing in there from social security. (The file was a complete disaster...looked like someone dropped the paperwork then just scooped it all up and threw it into the box) It was next to impossible to make heads or tails out of anything. Pages missing..multiple pages of the same items, etc; Also included was the original letter of request for the "c" file which they had previously stated they had never received. I truly believe there is a problem in Columbia.

The DD215 was acknowledged as received as evidence in the denial for esophageal cancer but not in the denial for PTSD.

I personally think that what happened is when I added the info to the form my VSO filed out it might have screwed everything up. When the VA did not respond to my requests about the PTSD I wrote them a letter asking if I had filled out the correct form. They never answered that letter either. If I remember correctly I again sent them a letter requestion accrued for PTSD but not PTSD as cause of death. Still heard nothing until after I filed an appeal then ofcourse it was the July denial with the PTSD caused from childhood abuse.

There is no doubt that my husband's PTSD was service related. Even when he had his surgery for cancer he thought he was in Vietnam. The hospital had to restrain him. It was awful. He had been taken off all of his meds(due to the surgery I guess) so his mind just ran wild.

I am very stressed and frustrated by our system. My husband spent almost 15 years suffering from PTSD. He lost a career, I lost my career, our children suffered, it was endless and for what?

Now I'm told that if I can get the accrued for PTSD or prove to the VA that Bill suffered from it for over 10 years prior to his death that maybe I can get monthly compensation. Is that correct?

Thanks for all your help...I'm at my wits end.

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I posted a post up top today because I couldnt find your post until just now-

I might have misinterpreted whether the claim he had was still within the NOD period.

"He told me that he would help me with the esophageal cancer but not the PTSD"

If this rep said this to you during the appeallate period for the NOD (and even if he didnt) he should be complained about - send a letter to his boss-

and try to get a better rep-

He could have cost you money by what he said- and if so- can be sued in a state court for negligence-

having said that-

If you fall into the aspects of Taylor V Principi in the post I made here this AM- fight their decision-with TAylor-

available at the CAVC web site-

It sounds to me that VA is using arbitrary evidence against the PTSD claim.

MAke sure they have ALL medical records he had, Private and VA, and also make sure they know he was receiving SSA.

What specifically was the SSA awarded for?

The CAR- the Marines , as I understand it-didnt Award this citation (Badge ) for many many years-

My husband, a combat Vietnam vet 1965-1966 didnt get the CAR and I thought this was why- ironically his DD 215 application brought him 3-4 awards/decorations he didnt know he had- maybe they forgot the CAR-

I am going to look into that. ?

He was awarded 100% SC for PTSD posthumously 3 years after he died.I received the "accrued" compensation -the law when they began with my claim was onky one year accrued but by the time they awarded me -they had to pay me under the new reg for 2 years accrued-

I have an AO death pending-and if the VA deems your husband's death as AO contributing they will have to pay ypu ALL accrued- and they owe me one more year on that-

so it is important to see if you can establish you accrued right to his compensation.

On a radio show the other night I did I made the point that I was treated by the DAV in 1995 like I expected a benefit I didnt deserve--

and had to remind them I didnt make up the DIC and accrued regs-the VA did-

many of these SOS simply dont have a clue on DIC and some of them have their own man -women issues when a widow or a female veteran comes to them for help-

that aint politically correct and I apologise to all you wonderful men here-I dont mean you-

but it is the reality that women face sometimes with SOs and reps.

Vietnam veterans with AO disability and their survivors would not the very favorable AO retros and survivorship rights of Nehmer -if it wasnt for NVLSP and for widow -Beverly Nehmer.

Your situation concerns me a lot- I know very well how the VA and how Vet reps can treat widows.

"After he died I submitted the amended dd215 for accrued benefits. Was denied. Anyone know why? Any suggestions? Sure could use the help. VSO is worthless.""

Did VA fully acknowledge the DD 215?

How did they word the denial with the DD 215?

Funny thing- the VA I just realised NEVER acknowledged my husband's DD 215-but his stressors were verified anyhow.

Make sure too that VA knows that regardl;ess of his MOS on the DD 214/215- ALL Marines were Infantry in Vietnam too!

Edited by Berta
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I posted a post up top today because I couldnt find your post until just now-

I might have misinterpreted whether the claim he had was still within the NOD period.

"He told me that he would help me with the esophageal cancer but not the PTSD"

If this rep said this to you during the appeallate period for the NOD (and even if he didnt) he should be complained about - send a letter to his boss-

and try to get a better rep-

He could have cost you money by what he said- and if so- can be sued in a state court for negligence-

having said that-

If you fall into the aspects of Taylor V Principi in the post I made here this AM- fight their decision-with TAylor-

available at the CAVC web site-

It sounds to me that VA is using arbitrary evidence against the PTSD claim.

MAke sure they have ALL medical records he had, Private and VA, and also make sure they know he was receiving SSA.

What specifically was the SSA awarded for?

The CAR- the Marines , as I understand it-didnt Award this citation (Badge ) for many many years-

My husband, a combat Vietnam vet 1965-1966 didnt get the CAR and I thought this was why- ironically his DD 215 application brought him 3-4 awards/decorations he didnt know he had- maybe they forgot the CAR-

I am going to look into that. ?

He was awarded 100% SC for PTSD posthumously 3 years after he died.I received the "accrued" compensation -the law when they began with my claim was onky one year accrued but by the time they awarded me -they had to pay me under the new reg for 2 years accrued-

I have an AO death pending-and if the VA deems your husband's death as AO contributing they will have to pay ypu ALL accrued- and they owe me one more year on that-

so it is important to see if you can establish you accrued right to his compensation.

On a radio show the other night I did I made the point that I was treated by the DAV in 1995 like I expected a benefit I didnt deserve--

and had to remind them I didnt make up the DIC and accrued regs-the VA did-

many of these SOS simply dont have a clue on DIC and some of them have their own man -women issues when a widow or a female veteran comes to them for help-

that aint politically correct and I apologise to all you wonderful men here-I dont mean you-

but it is the reality that women face sometimes with SOs and reps.

Vietnam veterans with AO disability and their survivors would not the very favorable AO retros and survivorship rights of Nehmer -if it wasnt for NVLSP and for widow -Beverly Nehmer.

Your situation concerns me a lot- I know very well how the VA and how Vet reps can treat widows.

"After he died I submitted the amended dd215 for accrued benefits. Was denied. Anyone know why? Any suggestions? Sure could use the help. VSO is worthless.""

Did VA fully acknowledge the DD 215?

How did they word the denial with the DD 215?

Funny thing- the VA I just realised NEVER acknowledged my husband's DD 215-but his stressors were verified anyhow.

Make sure too that VA knows that regardl;ess of his MOS on the DD 214/215- ALL Marines were Infantry in Vietnam too!

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