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Have you ever tried to get those eye witness accounts, if there were any? I only sent the VA a police report I got online. I requested an official report today and the witness reports as well. I know very late!! I was raised in Germany. We moved to the US in late 2007 and I depended on my husband for a lot of things. He died two years after we moved to the US so to say I was lost at the time is an understatement. There was so much I didn’t know. I didn’t even consider a filling a claim until my sister in law told me to contact the American Legion. Have you scanned and attached the actual RO denial (Reasons and Bases and Evidence list) here anywhere. Your 21-534 was filed in time to be eligible for accrued. That was separate issue and was a separate claim. The VA is saying that is all under the same claim as the DIC. It’s at the BVA right now. Did you send to the VA anything at all to support the accrued claim? I thought all the proof submitted it under the same claim. Has the VA ever mentioned the accrued claim at all in any decisions? No, nothing has been mentioned. He was angry over his low balled rating....did you raise that issue in the claim? No, I did not. It didn’t occur to me at the time of his death how important the timing was. I wrote a new statement last week and I will submit it to the BVA directly. I did mention in my husband’s episodes of anger and the fact that he hated planning ahead and his statements about not believing that he would get very old. All of it is in my original statement. I also mentioned his disbelieve that he made it to his 25th birthday because he said “guys like me to make it to their 25th birthday.” He made that comment one day before he passed away. He found out about his 10% rating on his birthday. His brother also wrote in his statement that his outlook on life at times seemed pessimistic, which was uncharacteristic of the fun- loving person he knew him to be. I want to submit a video of found of him speeding on the German Autobahn and drinking on camera. Do you think I should submit it? My husband died within 4 hours after he called VA to learn his claims had not moved in months. and was very angry. The 800 rep was shocked when I called the VA back to inform them of his death,later in the day, as she was the same rep he had talked to that AM. She was devastated and regretted she had given him the lack of any claims status, earlier . Omg that’s so heartbreaking. I’m so sorry to hear that! Did he have any suicidal ideation documented in any of his records? I am not sure of that. I don’t believe so.

The Constituent Liaison began the process of conducting a congressional inquiry on my behalf today. Thank you again!

I contacted them. I'm hoping to hear from them soon. Thank you so much for all your help and I hope you feel better!

The list of evidence also states that there is a medical statement from Dr. Ann Marie Gordon dated March 15, 2012. When I asked the officer from the AL to send me the medical statement he said the one from Dr. Apel was the only one he sees. He's just not very helpful. I will try to get the copy from Dr. Gordon.

In the notice of disagreement, under the list of evidence, it states that: VA Form 21-534, Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by Surviving Spouse or Child was received on May 10, 2010. My husband passed away in April of 2010. I just found the NOD dated July 10, 2012: The lady from the AL who helped me file the claim was very nice and helpful but she transferred to a different state and the new officer ignores my emails and I can't get a hold of him. I haven't gotten any phone calls or emails from the lawyers I contacted. This is so frustrating. Thank you guys here for all your great advice!

I think I found it. What should I tell him of why I want the cfile expedited?

I spoke to a RMC’s FOIA Officer today (on the phone) and told me that my reasons for expediting the c-file were not good enough and they had 70,000 other cases to process which can take up to 10 month but he will forward my request to the BVA. What would be a good reason to have them expedite it? If I go there in person what do I say? Also, I was able to get a copy of the medical statement the doctor wrote. The C&P was written by Samantha Apel. She's a psychologist.

That's just so wrong! Like we haven't been through enough of already:( I will try to find out where I have to go first. They keep transferring me between DC and Maryland so I am always confused on where to go. Also, I contacted 3 lawyers by email and left voice massages and have not heard back from anyone. Is that normal?

Thank you for all the great advice! They told me to send a fax regarding the c-file. I sent it today to the VA and the FOIA department but you are right who knows how long that will take. I will try to go there myself. Yes, an autopsy was done the AL just told me they do not need it. I already requested it and should get it very soon. I requested all medical records from every location my husband was treated. I'm hoping to get as many medical records as possible. I also found out today that the Chronological Record of Medical Care from Fort Jackson is not even in his file and was not considered. That record states that he is "non deployable" after he was involuntarily called back. Is that not important?

I'm very sorry to hear about your husband, Berta. Yes, its devastating for sure. Life has been very tough without my dear husband and it's been extremely hard raising my son on my own. I was only 25 when he died. He was my world and I am still trying to pick up the pieces after all this time. I don't remember AL suggesting I substitute myself as the claimant. I talked to the Perry Point Medical Center today. I think my husband went there once or twice for some testing. I will try to get all medical records there. I had no idea they were still waiting on the records from Perry Point. I assumed the AL submitted the records to them. I am so thankful I found this community. God Bless you all! I will contact the VA regarding the C file. Where and how can I get the C&Ps and SMRS? I'm not sure what those are. Will I need an autopsy? I was told by the AL that its not necessary. I only have the toxicology report. Thank you for all that information. Please provide me with the psychologist for the additional opinion.

This is the first time I am hearing about a C File. Can I request it from the VA? Please see chronological record of medical care where the doctor in Fort Jackson determined my husband "non deployable" because of his PTSD after he was recalled. They discharged him after about 3 weeks. I also have a pre-deployment and post-deployment health assessment from that time. I sent all those documents to the AL.

Thank you, this helps! I contacted two lawyers so far. Praying someone will return my phone call or emails.

Yes, the opinion was based on my husband's medical records. This is all I was told from the AL. I don't know who this doctor was. Is there a way to find out? Please see email from AL below.

Yes, that's it! I had no idea I could look this information up online. Thank you for that. The person who helped me with the case from American Legion transferred to a different location and I had no idea what was going on with the case. I found a video of my husband recording himself while drinking and driving...speeding while holding a huge beer can in his hand. He was speeding on the German autobahn after coming back from Iraq. I would also like to submit a new statement to add new information that I did not include in my first statement but I don't want anything new I submit to hurt my case. I sent the lawyer you suggested an email over the weekend but I haven't heard anything yet so I will try giving him a call.

That's not it. But I searched for it and found it now. The docket# is 12-22 157 and the citation number is 1409068. Thank you!

I called the Board of Appeals today and that's the number they gave me. I will confirm again.

Hi Berta, I was able to find the docket number. Its 1222157. Thank you! The last communication from the VA is dated 2/10/16 but when I called them last week they said I can still submit more evidence if I like.

I don't think a NOA was filled and no I did not hear from any attorneys.

About my husband:

There is so much I don't know about these claims and appeals and I am now realizing that I should have gotten a lawyer right from the start. I really appreciate all your help.

I don't know if that's the docket or citation number but there's one number listed which is 0141F201. I hope that helps.

That is not my case. My husband was 25 years old when he passed away. He died in April of 2010. This is the last writing I received from them.

Yes, I filled the claim when my husband passed away. It was denied in 2012. I appealed with the help of the American Legion. They represented me at the scheduled hearing before a Veterans Law Judge of the Board of Veteran's Appeals in 2013. The people from the American Legion asked for the toxicology report but told me the autopsy was not needed. I hope I can still get the report now if needed.

Decision: 1. Service connection for post traumatic stress disorder, with alcohol and drug abuse and dependence is granted with an evaluation of 10 percent, effective January 30, 2009. 2. Service connection for migraine headaches was denied. 3. Service connection for chronic strain of the thoracic spine was denied. The reason for the 10% is attached.