[My Brother& His Claim]

In march of this year,I had asked for advice from this Forum on filing a claim for my brother.

After many sleepyless nights,I was able to find his ( BURNED) medical files,got Notorised Statement from a friend who was there when he had his first heart failure(he was never told) in boot camp. He stayed in Army for 13 years,then just could not hack it any more!

When he had tried to re-enlist at a later date,he was refused,because his hearing was too bad. He applied,but was given -0-% Service connection hearing loss. Never Nodded!

He was sent to 7 C&P-was given hearing aid at once- Had a pace maker put in years ago. One other thing,he was having problem with his eyes,back in service. In the last few months,he was operated on Right eye,to try an save his sight in Right eye,now bring pressure down in Left eye to operate. (Glocoma)Not VN VET.

He is in a wheel chair,an one of his C&P Doctors STATED that THIS VET NEEDS TO RECIEVE A&A.

I applied for him in March of this year,an every time he calls they tell him that hes claim should be decided in 3 or 4 week. Ever time,same thing.

Now they found a growth (upper right lobe) but only after he had been telling them that he was coughting up blood. Because of Holidays, will not see Doctor until Wed. of next week!! Then do biopsie.

They do not know what it is yet,but he feels sure that its Cancer. He called me hoping I could somehow get his Disability before he dies!!! His wife is also disabled.

IDEARS ANYONE?????

[I Lost One- But I Was Able To Win One Too]

Well,I was able to help a VN Vet- Who was 10% for many years,appealed it,was refused an then he just dropped it. When he heard another Vet thanking me for getting him 50%,he asked me if I would Look at his pass efforts at getting Disability.

This Vet,who has been on dialasis(both kidneys failed) for the last couple of years,was denied over an over again,until he gived up.

By reading Hadit I have been able to take his case,file the forms,an able to get him 100%-P&T>but only got him 12 months back pay.<

He is married,has a collage age daughter,an he addopted two of his grand children. Now his daughter can go to college,an apply herself to her schooling.

He is dibetic,from AO.

He had an SO, but they more are less told him that they could not help him. I am sure that he sould be intitled to other benifits,but for now,he is so happy that he is in shock. He is applying for the $10,000. free insurance.

[V.a. Wins]

Berta

Thanks for the advice. This Vet has been Davorised for years,I guess because of his PTSD,Plus lose of sight in 1 eye, an Dibeaties-11.

He never told me how long he stayed in Building 9-in Alex. for mental breakdown.

He had just been told that he had to move,because of the property being sold. When he checked on another house,he found out that no way could he afford a place. Homeless,Panic attacks,going to 4 secissions of therpy,with private Therpist- 4 or 6 weeks. He does have a daugher,an some step daughers that I say at his funeral,plus brothers-sisters.My WebpageMy WebpageVA Wins

[V.a. Wins]

MY Missie-

This veteran's family may well be able to successfully sue the Veterans Administration for wrongful death.

At the very least his widow certainly has a right to accrued benefits- BUT she must re-open that claim in her name and also I see her potential for Sec 1151 DIC- I get 993 a month but the COLA hasnt kicked in yet-

they will add more for any children under 18-

I suggest that the widow IMMEDIATELY get a copy of all of his VA medical records-

When I got Rod's after his death, they accepted his death certificate and me as surviving spouse-

Last year when I needed copies of some that were difficult to read I had to go through some Bull crap digging out my Letters of Administration-

I suggest she get these med recs right away before they start losing stuff and also before they start to impede her by requesting LoA, or other court papers- as happened to me last year-

I know it was a ploy as I needed these records for an IMO.and had problems with their local FOIA person in the past-she is only one of a few people still at this VAMC that remembered that they killed my husband in 1994.

She needs to fill out the 21-534 -I will attach it-

I suggest she answer # 10 as Yes-the veteran died due to VA care-(Sec 1151,38 USC)

and under # 37 Remarks - State I am filing a claim for DIC under Sec 1151, 38 USC. and also a claim for the veteran's accrued benefits.

(please remind to to help with her with that)

BEFORE sending the 21-534 however- please make sure she gets the entire VA medical reocrds and also-

Do you have an appointment mailer or anyway to prove that you spoke to the shrink about his possible pending death? Your Notarized statement to this affect will be great but- I made sure my concerns were documented by the Chief Med Director prior to Rod's death and that was a significant factor in a medical report he did for my Sec 1151 claim.

I will also attach here the initial SF 95- for a tort claim against the US of A-

This too I will help word it the way I worded mine. (she should not send until she has his medical records)-

I have won an FTCA claim and Sec 1151 over the wrongful death of my husband-

I cannot quanantee the outcome here but based solely on what you have posted there is no doubt in my mine that the VA contributed to the death of this veteran.

This widow is dealing with so much - I imagine she might not want to deal with these claims matters yet-

she has time----FTCA SOL is within 2 years of knowledge of circumstances leading to death.

Suicide took a hadit member's son this month and a Vietnam vet friend of mine last Christmas.

The VA does service connect suicides based on medical evidence:

http://www.va.gov/vetapp99/files2/9915475.txt

"FINDINGS OF FACT

1. In a rating decision dated in February 1994, the Regional

Office (RO) granted service connection for PTSD, and rated it

10 percent disabling effective November 1993. The veteran

did not appeal that decision, nor did he file a claim for an

earlier effective date or an increased rating. He had no

claims pending on the date of his death.

2. The veteran died in October 1994 as the result of a self-

inflicted gunshot wound.

3. The veteran's death was found to be service-connected,

and the appellant, his surviving spouse, was awarded

dependency and indemnity compensation (DIC). "

DO NOT LET THEM GET AWAY WITH THIS. If I did not obtain and study my dead husband's med recs- (it took a lot of work and reading medical literature) they would have gotten away with their piss poor medical care that the VA in 1997 stated had caused his untimely death in 1994.

(I cant find my disk for SF 95- will post that form here later today and I need to dig out the one I filed)

MyMissie- I consider the actions that you took, on behalf of this veteran, to be HEROIC and of the finest

quality of concern for a veteran. I highly commend you for doing something that you did not have to do, to attempt to intervene in this veteran's care. Your actions -had they prompted some VA doctor to act appropriately, could have staved off this veteran's death.

I don't meet too many contemporary heroes- yet this board of full of men and women who are true heroes-

by past military experience but today you have given me the honor of knowing of your deed-

and I cannot thank you enough for the actions that you recently took.

I feel for this family-I have seen two disabled vet husbands of mine die.

Their pain at this point is just unbearable. When she is ready I will help you and her sue the VA for this unconscionable and wrongful death.

Berta

[V.a. Wins]

V.A. Wins I helped a VN Vet that I knew to get 50%,last year. I noded it as he should have gotten 100%,from the word go.

I called the VA in Lafayette,made an appointment with the shrink,TOLD him that this Vet was going to Kill himself,an Vet went see him. The Vet told me afterwards that the shrink more or less brushed him off.

This after this vet had been committed in Alex.,La. years ago,an was told that if he was ever back in their ward, HE would NEVER GET OUT. That is why he was not willing to trust the VA again

SO 2 WEEK AGO < HE TOOK HIS OWN LIFE > Drove 8 miles,bought a gun,went home ,called his family,told them what he was going to do,went outside an shot himseld. DIED right there.

He was 56 years old,so lets see! The V.A. will save 1/2 million dollars? B)

[V.a. Wins]

V.A. Wins I helped a VN Vet that I knew to get 50%