ptsd Poopsy Woopsy

[Poopsy Woopsy]

My husband was 70% PTSD and had three claims pending; Unemployability, AO, A&A. but before they were awarded. the VA killed my husband.

I was awarded DIC, as it was an easy case having a letter from an outside cardiologist stating the reason he died was neglect on the VA's part. 

I checked the status of the pending claims. and the person said you just have to wait. I said, are they just waiting for me to die too! AND, his 

answer was, Yeah, kinda looks that way! He also mentioned there was no Unemployability on the claim. I have a copy of the paperwork

that the Va rep sent in. So I have proof it "WAS FILED" He was suppose to get back to me about it not being there, but I never heard.

I am now stuck on DIC because I am suffering from several maladies that all came to light right after my husband passed away.

I can't work because of them and am looking at surgeries.

I was asked to come see the VA rep at local congressman's office. He did some checking and told me you have no claims open.

HOW CAN THAT BE. No letter stating such. Nothing!. It was definitely news to me, after waiting all this time.

He said, I should have filed a TORTE claim after it was found that the VA was responsible for my husbands death.

How can you do something you are not aware of. and Damn sure the VA won't tell you about!!

 I have passed the statute of limitations, as it will be 3 yrs. this coming May!! 

Am I dead in the water. and if so. How could that be possible as I was not informed or aware of any of it!!

My grief is  insurmountable and the physical has taken any quality of life I might of still had. but now I am stuck with not enough to live on. 

How is that even possible if they (The VA)  are in the wrong? What recourse do I have? Do not tell me "NONE" They made choices. and that

means I have choices!!  They don't know the "Wrath I can bring as a grieveing wife to get things "DONE" 

[Berta]

It IS possible that there might not be any claims pending.

This is the CHAMPVA link:

https://www.va.gov/PURCHASEDCARE/programs/dependents/champva/champva_eligibility.asp

"To be eligible for CHAMPVA, you cannot be eligible for TRICARE, and you must be in one of these categories:

The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office.

The surviving spouse or child of a Veteran who died from a VA-rated service-connected disability.

The surviving spouse or child of a Veteran who was at the time death rated permanently and totally disabled from a service-connected disability.

The surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA)."

Because, if your were found eligible for CHAMPVA, one of those conditions above must have been met.

There is no CHAMPVA benefit allowed under 1151 death.

If the VA did award 100% P & T for the PTSD posthumously ,that fact would render the PTSD and TDIU claims as moot. And that would be what made you eligible for CHAMPVA .They should have sent a letter to you,however, if that was the case.Also the A & A claim might have been rendered moot and the VA status would correctly show that there are no claims pending....except the AO claim......maybe.....unless they denied that already......?????

Confusing.... a lot is missing here.

Have you tried the IRIS Inquiry System yet for an email status?

.

[Poopsy Woopsy]

5 hours ago, Berta said:

It IS possible that there might not be any claims pending.

This is the CHAMPVA link:

https://www.va.gov/PURCHASEDCARE/programs/dependents/champva/champva_eligibility.asp

"To be eligible for CHAMPVA, you cannot be eligible for TRICARE, and you must be in one of these categories:

The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office.

The surviving spouse or child of a Veteran who died from a VA-rated service-connected disability.

The surviving spouse or child of a Veteran who was at the time death rated permanently and totally disabled from a service-connected disability.

The surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA)."

Because, if your were found eligible for CHAMPVA, one of those conditions above must have been met.

There is no CHAMPVA benefit allowed under 1151 death.

If the VA did award 100% P & T for the PTSD posthumously ,that fact would render the PTSD and TDIU claims as moot. And that would be what made you eligible for CHAMPVA .They should have sent a letter to you,however, if that was the case.Also the A & A claim might have been rendered moot and the VA status would correctly show that there are no claims pending....except the AO claim......maybe.....unless they denied that already......?????

Confusing.... a lot is missing here.

Have you tried the IRIS Inquiry System yet for an email status?

.

Thanks for all the update.. Guess I have to figure out what exactly I  have. I get 1,230 on my allotment, confused because that isn't even 2017 standard. and no where did I get something saying all else was void by accepting the ChampVA. Am I null and void for a wrongful death "torte" claim, the difference monetarily is huge and right now I can't live on the allotment, but can't work because of the toll taking care of him took on me. and they denied A&A twice, even though I have medical records showing they wanted to put him in a home!!!! What about back pay for IU, which we should have been getting all along. At least we could have survived on it. not to mention A&A and AO. Ohh and also he was at Camp jejune when all the bad water was going on. So he has that claim also

[Berta]

I get 1,257 p/m for DIC. Your amount is not correct.

From what I see here you are beyond the FTCA statute of limits but best to check with a malpractice lawyer

with expertise in VA FTCA issues. They can be found by googling them.

There is a DIC offset to FTCA settlements anyhow.I have that info in our FTCA./1151 forum here.The VA offset ( meaning they never sent me a DIC check for many years  due to the FTCA offset I had.

Can you scan and attach here the DIC award letter they sent to you? Cover C file #, and name p[rior to scanning it.

"Guess I have to figure out what exactly I  have"

If we can read the DIC award letter we can possibly help more but I am completely confused by all of this.

You had stated:

 

"I was awarded DIC, as it was an easy case having a letter from an outside cardiologist stating the reason he died was neglect on the VA's part." 

Did they VA overlook that letter ( prime facie evidence of malpractice) but grant direct SC death?

Did they already grant for AO IHD, and that the IHD caused his death?

I am lost here.

If we can see why they granted DIC and what for maybe we can help more.

It is quite possible they already had declassified his secret mission records for the 70% PTSD award.

[Poopsy Woopsy]

On 4/5/2017 at 7:43 AM, Berta said:

I found what I wanted to post here.

As Broncovet correctly stated, the non AO claims require a substitution form filed for any accrued benefit.

This is the regulation regarding Nehmer claims, which is defined as a retroactive payment, not an accrued payment:

 

“I.  Retroactive Benefits

The appellant contends that the Veteran's heart disease was due to Agent Orange exposure and, therefore,  retroactive benefits are warranted pursuant to the Nehmer decision. 

 

This is not a claim for accrued benefits.  The RO, on its own initiative, sent the appellant a letter in March 2011 explaining that it was going to review the matter pursuant to Nehmer v. Veterans Administration of the Gov't of the U.S., 284 F. 3d 1158 (9th Cir. 2002).  The provisions of 38 U.S.C. 5121(c) and §3.1000(c), which require survivors to file claims for accrued benefits, do not apply to payments under 38 C.F.R. § 3.816, regarding awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.  See 38 C.F.R. § 3.816(f)(2) (2015)."

That is what I was searching for.The AO claim is not dependent on any accrued or substitution form being filed within one year after death.

The BVA decision goes on to state:

"1) Applicable Law

 

Retroactive benefits may be paid under Nehmer if a Nehmer class member is entitled to disability compensation for a covered herbicide disease.  See 38 C.F.R. § 3.816. 

 

Nehmer class member means: (i) a Vietnam veteran who has a covered herbicide disease; or (ii) a surviving spouse, child, or parent of a deceased Vietnam veteran who died from a covered herbicide disease.  38 C.F.R. § 3.816(b)(1).  If the class member's claim for disability compensation for the covered herbicide disease was either pending before VA on May 3, 1989, or was received by VA between that date and the effective date of the statute or regulation establishing a presumption of service connection for the covered disease, the effective date of the award will be the later of the date such claim was received by VA or the date the disability arose, except as otherwise provided in paragraph (c)(3) of this section.  38 C.F.R. § 3.816(c)(2). 

 

The covered herbicide diseases are listed in 38 C.F.R. § 3.309(e).  See 38 C.F.R. § 3.816(b)(2).  This list includes ischemic heart disease, which was added to the list of covered herbicide diseases effective from August 31, 2010.  See 38 C.F.R. § 3.309(e); 75 Fed. Reg. 53202 (Aug. 31, 2010). “

 

https://www.va.gov/vetapp16/files2/1609942.txt

(This above claim was denied but for reasons beyond the regulations they cited)

It worked in my case. 

AO IHD death claim filed Sept 2010

IHD never diagnosed or treated during the veteran's lifetime.

1998 1151 award to include IHD, in malpratice statement , but no rating, no diagnostic code

No accrued claim pending specifically for IHD

Medical evidence warranted retroactive payment for AO IHD back to 1988,to his date of death under Nehmer....as the "date disability arose" per the Nehmer regulations above, as it was the first date of the VA's awareness of my husband's IHD.....which they failed to diagnose properly and treat( FTCA/1151)

 

 

 

 

 

On 4/5/2017 at 6:28 PM, broncovet said:

Remember, VA losing your claim is VA's favorite next to denial or delays.  They "lose" claims on purpose, as they have done mine.  Its called "shredding", and, yes its alive and well.   More and more VEts are having claims "mysteriously disappear".  This should not be possible with electronic claims filing, but VA must have figured out how to shred the stuff electronically also.  

The VA gets away with this, over and over, simply because there is no accountability.  With a new VASEC, you should certainly let him know this.  

However, you need documetation from your "VA rep", which I presume is a VSO, that is was filed.  Your VA rep may have been the one to drop the ball.  Its not good he (apparently) wont return your calls, but I think about one in 10 VSO's return calls.  

 

[Poopsy Woopsy]

Berta, I wanted them to retro IU and make him 100% and I still need to try to somehow verify him in waters of Viet Nam to be eligible for AO, even though as I said before, he had 4 of the diseases it takes for AO!!   I think that speaks for itself!!! but he should have gotten 100% IU no matter what.  So was interested in back pay, but now the whole ball game had changed because of the ability to file a "Torte" claim.(I can't get over the fact that they killed him, mostly because of the way he was treated at the VA, and I want them to "TAKE RESPONSIBILITY" for it. (Remember the letter I told you I wrote that got policy changes at VA).     Can they make me responsible for missing the date? My VA rep here locally was very kind, but I had done the PTSD claim on my own, and got the PTSD.   I knew she wasn't very knowledgeable, and I was very worried about that. I had to come back in the next day to change very pertinent info. she had gotten wrong. I was also under the gun to get the "substitution of claimant" in before the 1 year deadline, BECAUSE no one told me, I just happen to stumble on the info. When I told her she said, Oh yeah! Like it was nothing. PS. I guess  I am confused as to why I did get CHAMPVA and ch35. after reading all this. I am getting the info of why there are no claims in, from the VA guy at the senators office on Mon for the "NO CLAIMS" so I guess I need to go from there.                                                                                              I have been so distraught and emotionally drained and physically now drained, and this whole mess just set me back big time. I had been seeing a Bio-feedback therapist because I just can't get over loosing my husband, but the therapist changed jobs and his new place of employment wouldn't take my secondary insurance, and now am not in a very good frame of mind for my surgery the day after Easter. Total hip replacement, and I just had my left shoulder done., This nightmare with the VA is consuming my life... FUNNY. I spent every moment of every day making sure he stayed alive. with oxygen, 70 pills a day, PTSD, and heart problems. and then they killed him in an instant. (46 years, gone).  I still have not gotten my body to stop reacting to the high stress I had lived with. Not a good place to be in mentally for surgery..Anyway I appreciate all input to help me.. Looking forward to better days!!  

Edited April 9, 2017 by Poopsy Woopsy
made something a little clearer

[broncovet]

I used to not say this, but after I have been working my claim 15 years, I wished I would have hired an attorney sooner.  Let me explain:

Its above a gs7 pay grade to sign a document which results in 6 figure retro.  Sure, it may happen, but you might win the lottery too.  

Its gonna take a judge to sign that you deserve six figure retro..a regular rating service rep just does not do that.  So, you need to get it to CAVC, or at least BVA asap.  And these guys listen to lawyers..judges are aformer lawyers.  

I suggest you hire an attorney.  OVERCOMING a late filing of any kind is not childs play.  For me, I wont have to pay much for my attorney, if anything at all, because she was already paid 6000 EAJA fees.  This means that VA took a position against me that was "substantially unjustified."   Its what they do.