ptsd NEED Help With DIC

[eddingtonm]

My husband was 100% permanent and Total for five yeas with a service connected disability of Bi polar type 2. He had PTSD but he was never compensated for it. It was only in his records. He  lost the fight with his demons and took his own life on February 17, 2017. I have the toxocololgy report and the autopsy showing suicide as the cause of death. I have talked with the KY dept of VA affairs which is the service organization that Sean used to help him get his disability approved. However the person here in Glasgow KY is not the same person who helped him several years ago. The gentleman I talked to is very negative. He has all but told me that he is not sure I will get approved for DIC because Sean used a blood pressure medicene to kill himself with and the VA could just as likely say that blood pressure meds are not prescribed for Bi=Polar so since it was not connected to his service connected condition then it did not cause his death. The only problem is Sean never had high blood pressure and the meds were just for tremors from the lithium he took. Besides he had 18,000 mg of it in his system. Regardless, I would say that suicide is a bi-product of Bi-polar no matter how he did it?

I dont know if I should just file a claim on my own and get away from this negative nelly or drive up to Louisville to the Regional office and get better help from the people up there. There is a KDVA office there too which might give me better advice? All I know is that I dont yet have the death certificate, only the autoposy report and this guy keeps telling me to wait for that too.When just last week he told me all I had to have was the toxocology report to get started and we could always add things later.

I dont know what to do and I have an 14, 11, 8. 5 to support on social security only and that doesnt go to far.

[Buck52]

SO SORRY TO HEAR ABOUT THIS And your loss  yes raising 4 children is a heavy task for sure and is very hard when ones income is cut short all at once.

 this may help you get started.

The process for determining to grant death benefits to a widow or widower of a veteran who committed suicide is much like any claim for compensation. The VA issues a decision based on examined evidence.
And like any other claim, decisions are made on a case by case basis. However, there are guidelines the VA follows that are standard for determining entitlement to death benefits. These are found in 38 CFR 3.302, which is available for review on va.gov.

 

In this circumstance, the veteran must have had an unsound mind. To be found of unsound mind, the self-destructive act must be performed intentionally. Therefore, the veteran cannot be guilty of willful misconduct. An attempt to take one’s own life demonstrates unsoundness.A favorable decisionoften results if the veteran had been granted service-connection under a mental illness prior to the act. Whether the veteran realized the consequences of the action taken or could resist the impulse depend upon medical and lay evidence. Any circumstances that lead a rational person to self-destruction can be considered a valid motive.

Again, like any compensation claim, determining entitlement to death benefits on suicide weighs heavily on evidence. For help in a confusing and difficult process for obtaining VA Disability/Death Benefits, you may contact Jan Dils Attorneys at Law where we fight for those who fought for our country.  Tell us about your case.

 

[Berta]

I regret this has happened to your family.I know it  is devastating.

I am glad Buck posted the link to the Jan Dils law firm.

These types of claims are hard to succeed in but not impossible. It depends on many factors.

A friend of mine (Vietnam vet) committed suicide years ago and I tried to help the wife but he had obviously planned what he did, maybe over a period of days, so the VA would have considered his suicide to be willful misconduct.

I spent a lot of time trying to help the widow prepare a DIC claim, only to learn that I had received much different info from the vet than what the widow told me, as to his service and disability. I knew the trooper who found him and there was no way the wife could prove he was of unsound mind.Much more to it all...I didnt ask enough questions the day she called me for help...she had no basis for any type of VA claim at all. 

This however is a DIC award from the BVA for a suicide death claim.:

https://www.va.gov/vetapp16/files5/1637101.txt

 

" He has all but told me that he is not sure I will get approved for DIC because Sean used a blood pressure medicene to kill himself with and the VA could just as likely say that blood pressure meds are not prescribed for Bi=Polar so since it was not connected to his service connected condition then it did not cause his death."

 

The claim can be filed for DIC but maybe best to wait for the death certificate and autopsy first.

 

Edited March 31, 2017 by Berta
had to delete after re reading

[Berta]

I am glad I re -read your post:

 "I have the toxocololgy report and the autopsy showing suicide as the cause of death."

It might have nothing to do with the BP meds or the lithium.

A lot will depend on how the death certificate is worded, as to primary cause and any secondary causes contributing to death.

I hope you contact the lawyer Buck referred you to.

 

[Berta]

 

http://www.jandils.com/contact/

Edited March 31, 2017 by Berta

[Buck52]

Great Information Ms berta

Now I hope this poster reads your post  and not just  come in here post  and then leave, but this is really soon for her to be dealing with a claim but she needs to at least get it filed.

I do realize its hard for her  just losing her hubby in Feb( last month.)...but she has 4 children to feed clothe/school  she needs to get on this ASAP. I am fairly sure she will be approved  depends a lot what the autopsy says.  but he would be of unsound mind in my opinion and not just willful misconduct.

JMO 

[Berta]

I do agree that a DIC claim should be filed as soon as this widow gets the death certificate..and maybe the KDVA office is the best place to file it.

These claims can be very difficult to succeed in.

I believe the widow might definitely need an IMO as well.

EddingtonM said:

" He has all but told me that he is not sure I will get approved for DIC because Sean used a blood pressure medicene to kill himself with and the VA could just as likely say that blood pressure meds are not prescribed for Bi=Polar so since it was not connected to his service connected condition then it did not cause his death."

Yet -as I understand this the HBP med was to help with the side affects of the lithium,prescribed for the SC Bi -polar.It is not unusual for high dosages of HBP meds to be used to alleviate lithium tremors.

There is more to this than we know and I do feel this claim will need an IMO and possibly an attorney.

I found some DIC cases from Ms. Gils law firm at the BVA but found no suicide DIC cases yet.

EddingtonM, did the coroner or ME ask for the medication containers of all of the meds your husband was taking?

If not, I hope you night still have them and put them into a safe place where the children cannot reach them.

But maybe the coroner or ME didnt need them.In my case (I am a widow of a veteran)

I needed them to prove a VA medication error occurred a few weeks before my husband died. VA had mailed him someone else's meds.