ptsd What To Do About Our Dic Claim?

[VetsDaughter]

My Dad, Louis, did two tours in Vietnam. He was only 17 when he volunteered.

He has recieved numerous medals and even the Purple Heart.

He suffered from severe PTSD and alcoholism

He was on 100% disability through the VA.

January 3rd of this year, he took his own life.

Since my Dad was recieveing his VA and was supporting my mother and himself on that, the benefits stopped when he passed.

We knew that would happen. So, of course my mom filed for the DIC claim at the end of January.

The VA has recieved every single one of his medical records, showing how severe his PTSD was and his numerous suicide attempts,

These medical records had things in them that my Mom and I never even knew about.

Anyway, My Mom's claim has been open since January. Every week she calls the VA, only to hear something different everytime;

Such as, That they were going to expideite her claim, Her claim is still in review, they are awaiting more medical records (records from a state my dad had never even been seen in!), it needed a second opinion, and lately, we have heard, that her claim was in the second stage of rating and it would be 16-27 days before it would be sent to a supervior for him to sign off it, and that would be an additional 10-40 days. My Mom has tried everything to get the right information regarding her claim. She has even been to our Congress Office and he said that he had a great contact at the Milwaukee Office, (that is where our claim is) and it is on our record that he has put in an inquiry. But...nothing. We are at a dead stop. Nothing is happening with our claim.

My mom can no longer afford the mortage payments on her house and has already recieved her forclosure notice.

My mom's claim has been open for almost a year now, and its funny because the VA states that they have like a 95% success rate of awarding claims in less than 240 days...

I saw a VA commercial about how they honor our vets with benefits and taking care of them no matter what. I think my Dad and his family would have a different story about that....11 months and my Mom is still waiting for her benefits.

My question is, is there anything or anyone we can talk to about our claim other than that darn 877 number?

Someone deeper inside that can get us some right information?

Does anyone know how long the typical DIC claim benefits award process takes?

I feel this is an emergency and need some serious opinions on what to do here!

Any type of information would be greatly appreciated.

[Berta]

"I'm a little baffled at why we have never recieved a letter! " so am I-

"My Dad did have an autopsy. Would it help to give the results to the VA? Although, we know his cause of death, without the Autopsy. The VA knows his cause of death also."

I think they will at some point ask for it.It could be critical to the claim.

"My Mom does have a Vet rep. He has done nothing to help with the claim, whenever my mom contacts him, he never calls back"

Some reps treat widows terribly.

I had that problem, I called the rep's boss and then I heard from the rep.

Does the autopsy toxicology report correspond with the Death Certificate?

Does it correspond with any VA meds he was on? (this might be hard to decipher)

Was he on any VA prescribed med that had a suicidal ideation as possible side affect?

Was he given Chantix by the VA to stop smoking?

If you go to the www.va.gov web site and click on COntact Us-your mother could make an IRIS inquery as to how you can obtain a copy of the initial opinion as well as a status of the claim.

[VetsDaughter]

It's funny you ask about my Dad's medication.

He was on about 20 different medication's.

Methadone,Gabapentin, Morphine, An anti-depressant, pill(can't remember the name), anti-anxiety pill, a drug to help him sleep, A mood altering drug, and the list goes on.

Though, I do not know the exact name for all.

Every single medication he was on WAS perscribed by the VA.

His cause of death was Suicide (by overdose- which was not the first of many attempts)

My Dad was never perscribed any Chantix.

As for the VA rep, I have passed the information on to my Mom.

My mom has also, already done 2 inquiry's with the VA.

The first resonse from the VA e-mail was that they hadn't recieved my Dad's Medical Record from a local hospital. My Mom told them, that there must be a mistake, because she personally sent them to the VA.

The their response back was

"The information provided regarding Bay Regional Medical Center was as per information found in your electronic records. It is possible the information has been received by the Pension Management Center (PMC), and was not updated in our electronic systems. We have forwarded the information you provided in your most recent inquiry to the PMC, with a request to review your claims file, and update the computer system accordingly."

When I spoke to them last wednesday they told me everything was accounted for and that it would be 16-27 days and blah blah blah...

Is there nothing else we can do?

Thanks so much Berta, all of your information has been extremely helpful. I am very, very grateful for your help and time!!!

=]

[Berta]

"Is there nothing else we can do?"

Yes-Review every single medication he was on and see if any if them were contraindicated.

What I mean is this.

One med my husband was prescribed was completely contraindicated and compromised his HBP meds.

When I sued them the final report supported my findings on this and their medical error of prescribing a med (for absolutely no know medical reason)

along with a HBP med that was the wrong dose anyhow and which was compromised by the other med- was one of many factors that caused my husband's death due to VA negligence.

If the claim pending does not succeed in DIC award then maybe it would be appropriate to file under Section 1151 DIC.

Your rep has been trained in Section 38 USC ,1151 claims.There is plenty if information here on them.

If his medical records (and you would need supporting medical statements from an Independent doctor on this) reveal malpractice -your mom could file a FTCA case against them too.The 2 year statute of limits starts when she has direct knowledge that malpractice could have occurred.Vet reps dont handle FTCA cases. Lawyers do.

Hopefully the DIC issue will be resolved favorably for her.

These types of claims based on suicide are difficult to succeed in.

But it sounds to me like he was on a psychiatric cocktail- 20 meds -an extensive amount-might well have caused a medical error that ultimately caused his death.Such as causing suicidal ideation as I mentioned before or the contraindication factor.

This is something to consider if the DIC does not get resolved with an award to your mom.

[VetsDaughter]

I am going to check into that, because it is possible something like that happened with his medication.