Poopsy Woopsy

Clynch726 I am working on my husbands claim for TDIU and came accross you asking for anyone who was at Kadena in Okinawa. My husband (now deceased. Killed by VA negligence) was both in VietNam (Blue water, on ship) AND in Kadena some time between 69 - 71. He had both DMII, IHD and PN. I am currently trying to get his claims through from before he had passed. If you have gotten any evidence towards Kadena, It would also be helpful to me.. Side Note: he was also in the proper time frame for Camp LeJeun contamination. I hope you are making progress!! I am very aware of the pain and how life altering these situations are and all that these veterans go through. He is EXTREMELY lucky to have you helping him,, I pray for the ones that don't have anyone.. as a VSO is usually pointless. I thank him for his service... AND if the VA doesn't stop denying what is "DUE" these Vets, they will be "Hardpressed" to get anyone in the future to want to join!! God help us all!

Geeky Squid: cannot answer such a complex issue. Its like they do that so you are sure to make a wrong filing or other mistake and takes the heat off of their mistake..Just wanted you to know, I hope you find a clear answer so you can move forward.. I am rooting for the Veteran!!

I agree Broncovet and Buck52 I just now need to decide whether I want to go to the hearing or send In my request to have a decision of case made. Thank You Jentlemen P.S. (Venting) How in the hell is it legal or right to make a veteran "Fight" for what was promised before he gave his commitment to the military! It should be the VA that should defend the Veteran!! There in lies the problem! A shameful disgrace.

Dear Sir RSM-ESQ Thank you for making the reason for a BVA hearing Very Clear. that was very helpful!! If I have already sent in medical info, supporting evidence and first hand concise nexus documentation Do i still have an opportunity (Or need to) expound on such information through my BVA.. Would it be redundant at this point? or even admissible? Thank you for your commitment

Thank you all very much!! I agree with, "Dont go before the board on your own". (If they can "Get ya" they will) BUT you must know that Im not sure I should even be going before the board..(and I have the opportunity to change that) My VSO said it's because I can give more evidence if needed (VA sent me a letter stating that I could change my going before the board decision if I wanted or change representation too) I think by going before the board I am drawing out something that would have been completed with just the admission of some evidence they requested. Going before the board seems to draw me into a very "LONG" process that is totally unnecessary!, but of course I want to be SURE!! My husband was already 70% PTSD and got it first time around. He also had 4 medical issues on the list for AO but couldn't verify because His mission was "Secret" so was impossible to get verification. He was most likely "Blue Water". The new blue water ruling hopefully will change that! (Now I'm not sure if that is a mute point) He had a host of secondary conditions that would render under both AO or PTSD. I should also state that under one of his decision letters it states that he is SC for cause of death through "contributory" (PTSD) plus all the medical maladies on his death certificate (Heart, Diabetes, COPD and more). That alone should have warranted TDIU, and I presume that makes it a "slam dunk" VA states that I am entitled to both DIC and Death pension. They gave me DIC stating the benefits are greater. (Because they immediately accepted responsibility for his death.) Only because I had my ducks in a row. I could have easily missed making them responsible..He was trying to get TDIU "Obviously" (He had it filed long before his death. Oxygen, 60pills a day, Insulin dependant, Heart condition and PTSD which made it VERY hard to help him). They had checked on a SS claim and found that he was receving Social Security for a back issue many years prior (being treated, for a time: at the VA also) so they disqualified him for TDIU because of not being the reason he was not working, but the back issue was. So they asked me to send evidence that the back issue was not the reason he was not working. I was able to send evidence his PTSD preceeded the back issue and that the back issue was deemed "Stable", so It seems that this is cut and dried with the information that I sent.. For some reason I feel strongly about the info sent and I should be just asking for a decision. I am distraught with fear at this point, of making a "BIG" mistake because I listened to a well meaning but inadequate VSO!! I trust all you guys "WAY MORE" and have a few weeks to change my decision in lieu of the letter sent to me asking if I wanted to just get a decision and or change representation (Is this just protocol?). Thank you in advance as I always seem to get more clear headed after reading all your input!! I am weary, as it has been many years of fighting (started in 2011) I want to be able to lay him to rest in my heart knowing I fought hard for him. AND WON!!

Thank you GeekySquad for your time and your answer! So are you saying, go ahead and go before the board on my own and then seek professional assistance if the outcome renders a denial? or can I just pay for someone to "look over" my statement of case and all that I have put together so far before I go before the judge? Would a lawyer assist me in an evaluation basis of what I have put together without wanting to represent me in the case? I am extremely leary of everyone and there so called "Help". after the ordeals we encountered at the VA.. (The very people who were supose to have the best interest of my husband.) Are we talking "Lawyer"? or Vet Rep?, or? Thank You for your help and time,,, It truly warms my heart that someone would take the time to answer me. I cannot stand the thought that any of this would be in vain. Poopsy Woopsy

Hi Berta and all who have given me advice.. Well my VSO sent in my 25pg. document that was (In my opinion) very thorough and complete. with names, dates, times, negligence, abuse, and bias, in a "Very" concise and easily read document. I felt I left no rock unturned: as they say! I even stated posibility of AO, so they couldn't void that possibility. (That was a prevous claim , now a possibility under new Blue Water evidence.) My VSO said it was best to ask for a "Board Appeal Hearing" I don't know if that was the best option, but if we can't assume that at least for filing puroses they would know the best option, then I'm not sure of what use they are. ANYHOO! There in lies my terror!! she has made several obvious and simple mistakes every time I have gone to her for a filing or for information. First. let me just say "I very much appreciate her kindness and help, and I understand how hard their jobs are and ALL they have to deal with and need to know when dealing with the VA and disgruntled Veterans.. BUT!! I have put my "LIFE" into these claims, for my husband, They killed him unnecessarily and they will be accountable!!! And it is now about getting the "Truth" out and making the VA stop with the excuses and denials. SO, their letter asks me if I want to change my representation!?? I would prefer NOT to get a lawyer, for one I think it is a slam dunk. If anything I would seek out a "PRO-Bono". I believe if they are honest the evidence will render a large back payment. I am not willing to get a lawyer involved after all the work I have done. and especially when it is already a "WIN" they just wanted more evidence... So I gave plenty! BUT! having said all that, I would appreciate ANY information I might not have considered or thought about!! My undying and deepest respect for anyone willing to give to our military and our Great America!! Thank You in advance!! Poopsy Woopsy

Just one more "Quick Question! If all those diseases they gave him SC, Granted as contributory, (on VA's Death Decision letter) how come he doesn't have a rating for them ? They have been claimed before! Lost again!! Thanks Berta. I am so sorry you went through so much. Especially when I have a really good idea of it all..

Hi Berta Sounds like we have a lot in common!! your last note made me sad then mad!! Why oh why are our Vets being treated like "Dirt" at the VA.. It's unconscionable !!!! I have right now 8 stories I'm sending in to show proof of worsening of his PTSD!! to be able to get TDIU. They are stories of horrible neglect and shameful incidents from Dr's and people at the VA here in Washington State. I believe they will no longer need that evidence if I just send in the SSI info, (I just spent all morning at the SS office and got a clear answer this time.. So I am pretty sure that it's a given, but I want them to "READ" my horror stories!!! ) Get this, I found a ratings paper that states: IHD, BPN, ED, and DMII (denied, not in country) then on the bottom of the letter it states: DEATH Decision = "Grant" = SC Death, as contributory Cause of death: for CHF, COPD, PFibrosis, Coronary Artery Disease, and [PTSD - Non-Combat/Other stressor Verification]. First of all I just "Luckily" ran across a medical paper that stated IHD & CHF are THE SAME!! so how can they Service connect one and not the other. The IHD is denied from AO. so how do you SC (Contributory) for the other one as cause of death and not IHD just because they are looking at it from another angle?? (I get it one's under "Contributory" and one is not in county) should be Granted thru contributory for IHD too. and if all this is SC. How are they NOT Rated?? P.S. I know I have exausted you so I am going to ask: Do you want answers to your last questions? Thank You! and all you do to help our vets! My heart is broken for these young men that had to "Give EVERYTHING"

Thank you Berta, deeply for your extensive information.. It is very much appreciated. I have printed out all your information so I can go over it and see what I need to do. Like you, I have done so much work on this already that I would like to finish with it. Hopefully I wont be my own worst enemy. I will never be at your caliber of knowledge but your information surely brought me up a notch. I got my husband 70% Ptsd the "First time around" (Some VA people told me I was lying and said that wasn't possible) I hope that is not what is giving me false hope!! I believe I understand enough to make it hopefully come together, but again the more I learn the more confused I get. I know I am willing to fight and put in the time.. I just remember everything he went through and how the VA treated him so poorly.. He was so young! Thank you, and everyone willing to help.. "We are NOTHING if we are not about THEM!! God Bless all who have given.. You have my utmost respect!! P.S. I cant find acronym for IMO / IME? and don't know what it is!

Good morning Berta and guys! Here are a couple more answers to questions you asked Berta.. (please forgive me if I make things confusing, Just know I "REALLY" appreciate your help!) Anyway! You asked If Vet had any NSC ratings.. "NO". thats where I get confused Why was he not rated for all he was being seen for at the VA!! (or was he and I just didn't know, don't they tell you? ) I did read in some of his medical files where they state information pertaining to the vet and they mention in the notes about his prior Heart issues and said they were NSC. does that mean he was rated then? just because someone stated it somewhere in med records? So i assume heart and Diabetes were never rated other than what i just mentioned but it was also stated in the Dr.s note for cause of death that got him DIC. It was: cause of death "sudden cardiac death" but it also stated: his PTSD also had an affect on his heart and causative in his death as well. So he's stating 2 causes! Everthing ties together.. stressors on the heart and DMII with worsening of PTSD all should be enough for TDIU. I didn't know it was possible to get more than one DIC.. So should he have gotten another DIC then for heart etc.. all I suppose too late for any such thing. One other question! I read something from a lawyer that stated you should give any and all pertinent information on your NOD (like me mentioning stating Secondary stuff that is all connected to his PTSD and his death and also the DMII which he should have been rated 100% SC or NSC either way. it was significant and should have been a rating! Is it because somehow while taking care of all his medical needs I should have been aware that I needed to file a ratings paper for all this stuff. thats when I wonder should not his Dr.s been somehow helping me in this?

I am sory if I am not clear: will state some obvious my husband was 70% for PTSD his death certificate was causative for CHF, COPD, PF, Coronary Artery disease. All non VA. They granted DIC and said: WE have determined that you are entitled to both DIC and death pension. They opted to give me DIC with getting ChampVA. Service connection for cause of death is granted. (does this mean that everthing on the death certificate is now SC?. they looked at cardiologists statement that stated: It is my opinion that his cause of death likely was due to a ventricular arrhythmic event leading to a sudden cardiac death (He states would have been prevented with a defibrillator AS RECOMMENDED) Now heres where it gets good.. he also states: more likely than not his PTSD also had a marked deleterious effect on his heart and was a contributing factor to this vet's death I would consider his ptsd as causative in his death as well.!!!! Then I find this letter:: to the dept of veterans affairs: (Skipped some parts) it is my opinion that Mr. Hudgeons is totally and permanently disabled due to the conditions discussed below and that they are related to his military service. Evidence of his medical diagnosis is: Interstitial PF. specifically pages A,B, C, D. ( I don't know what that means and dont seem to have those pgs.) He then mentions I have reviewed his history on board the ships and is also my opinion "more likely than not" PF was caused by exposure to AO including causation of secondary conditions of IHD, DMII, PN, aggrivated by said primary condition.. Problem being it is not physically signed just typed; Signed; Dr. Hescamp. Really wondering if He wrote it or not.. Isnt TDIU almost a given with 70% PTSD if there is obvious stressors? and what about the Cardiologist's letter stating PTSD was also a cause in his death.. Doesn't that cinch everything? his medical records also state a Chronic mood disorder!! what am I missing here??? This is why I keep saying it seems cut and dried, I do take into consideration it is the VA and nothing is for sure!! I also have mounds of medical papers from the VA about all his ER visits, Hospital stays, 49 meds, and trips to the VA which are in the high double digits. If that has all been pre-determined including his DMII. and I have said he fits category for 100% DMII, shouldnt that in and of itself be Enough?? He should have gotten a rating for DMII as well, not to mention all the medical secondary effects it has, that have been stated in records time and time again. Sweet Jesus, I'm tired..

Way to go "Hammy"

Hi guys Berta Cant you distinguish a stressor from the "worsening of PTSD? that is what they are asking for. I had to show the worsening of his related claim.. Has the PTSD worsened thus getting TDIU? The first paper states the denial and the second states that the claim for individual unemployability is "RE-OPENED! and yes my husband was 70% for PTSD. It makes sense that you wouldn't want to re-hash stressors. but like I said the stressors related to him getting PTSD would be different from the (after his military time where the original stressers were from) stressors that I would talk about now for aggrivation of secondary conditions and ultimately TDIU. I now don't know if all my work should even be submitted. They really just want me to state that SSI is not the reason for his disability.. Go figure!! he is already disabled with 70% PTSD any help would be appreciated ... lost for sure now!! a

I think I will still go ahead and file my NOD with all that I presented to them because I can always file a CUE if I can find relevancy for it.. Back to the "Grind" hoping for finality soon. At least for now!!