sjh4951

December 2, 2010

Well, here it is December and in August I did submit my late husbands medical bills. I've heard zero from the VA. Nothing. I did call a month or so ago and was told

"they are working on it" whatever that means anymore. I only have until next month I think it is to submit the rest of the bills (only sent the major ones). I asked VA if I should go

ahead and submit the rest of the bills and they said "no, wait until you hear something." Soon that will be too late.

I know that the odds of them reimbursing are little to none but it would be nice of them to give me a yay or a nay instead of dragging it out.

I hope that any of you who are fighting the VA for what you feel is due, do not give up!

June 9, 2010

No formal claim has been made as I just received word a month ago that I had won my appeal. It had been denied while my husband was living BUT the

BVA found evidence where my husbands claim should have been approved at the regional so therefore they awarded me accrued back to the date of the original claim that

my husband made in 2004. Because his cancer was not recognized as service connected at the time he was undergoing treatment, we didn't file any claim for reimbursement.

Now that the BVA has stated that my husband did die from a service connected disease, I would think they should be responsible for the cost of all his treatment.

Thanks for the case that you sent.

I'm not going to approach the VA about any of this until I have received my award letter and who knows when that will be. I saw the link for the fast letter stating appeals are to

be handled expediciously but so far I haven't received any notification from the regional office.

June 9, 2010

anyone have an answer regarding the medical bills??

June 5, 2010

Its great and all that they awarded me accrued to Bill's file date but what do they do about medical expenses regarding his cancer treatments?

He didn't have health insurance just medicare and they only payed 80% of their approved amount which left us with huge bills for chemo, surgery, and radiation. I had been putting the chemo charges on our Visa card but maxed it and one of the times we went in for his chemo treatment we were told to cough up $2800.00 or they wouldn't give him his chemo. Lucky for me that I had another charge card but I was sure pissed that they confronted me right in front of my husband who was already in the chemo chair in a room full of other patients.

June 5, 2010

No, my brother had Acute Myloid Leukemia. Diagnosed around Christmas 2006, died February 2007.

I was just reading a post on another site and it said the VA had a 6 month freeze, per their VSO, on all BVA granted claims. Anyone know about this?

I've heard nothing from the VA since I won my appeal. I did contact them via IRIS and got the following response:

"Upon researching your file, our records indicate we have received the notice of grant of benefits and the claim is with our Columbia Regional Office for the final administrative steps which need to be completed prior to the claim being completed. This process is in place to ensure accuracy and we don't have a date it will be finalized as of yet. We appreciate your patience and you will be notified via US mail once the grant of benefits has been finalize. Your notification letter will explain our decision and payment in detail."

Don't know what they mean by "explaining our decision" as the BVA granted my appeal for cause of death, denied for accrued PTSD, so the decision has already been made.

I've never filed for death benefits. Without the award letter I can't file for anything I don't think. I have the paperwork here for CHAMPVA (I requested it) and property tax exemption but need

that award letter to file. I would hate to think that there is a freeze on BVA decisions. Now that I'm finished with my appeal, time is dragging..I just want it over and put behind me so I can

decide where to go next with my life.

May 4, 2010

Thanks Pete. I also lost my brother (USAF) Vietnam 1969-70 to leukemia. He died 8 months after my husband did. My sister-in-law has chosen not to seek DIC because of the stress involved.

May 3, 2010

"sorry if I sound angry-this award letter I got today gave me flashbacks-and the check could have come last year when I was approved for it- but it took until today."

I know exactly where you are coming from re: the flashbacks. On Saturday when I received the BVA decision I simply fell apart. Couldn't even finish reading the thing. Couldn't hold it as I was shaking so badly. Don't know what happened to me. It was like I had just been told that Bill died. Maybe delayed reaction to his death, I have no idea. It was totally unexpected as I thought I would jump for joy if I won but it didn't happened. Still hasn't. Just kind of numb and at a loss as to what to do with myself. I have spent so long in the research mode and now, nothing. Guess it just hasn't hit me yet. It was hard, though, to read cause of death due to agent orange exposure. A death that could have been prevented...thousands of deaths that could have been prevented. Just hung up on that thought right now so I know what you mean by anger.

May 3, 2010

Thanks for the replies. I do have a few questions. After reading the letter from the BVA I see where they show

the date that my husband filed his claim as Feb. 2005 when in fact it was July 2004 via VONAPP. As I was awarded accrued benefits because his claim was pending this would affect the accrued benefit amount. How do I

get this corrected? As I remember this was an issue with my husband and the VA but I do have his C file and the original claim to prove otherwise. I don't know if I should protest now or wait until they send me the accrued monies and then go after them. I'm concerned that if I do anything at this point that they will drag their feet.

As for other benefits will my regional office notify me as to how to file for these? I know there are state benefits too but would you believe when I called the State of SC office today to check on this they gave me the name of who to call and low and behold it is my lousy VSO! I'm going to have to find someone else cause he's certainly not going to give me the right info. I know he must have received my appeal today and hasn't even called me.

Berta, are you saying that it's been over a year and they still have not paid you?? Have they not made you wait long enough?? I've been told that I would get an insurance card right away but that the benefits would take several months. Is that correct?

I'll look under the DIC comments as I don't have a clue as to entitlement other than I now know I'm exempt from paying property taxes.

What are DEA benefits?

Thanks,

Susan

May 3, 2010

Thanks for all the information I learned on this site, and because of it, yesterday I received the "brown" envelope from the BVA telling me that I have been granted DIC as they found my late husbands esophageal cancer caused by his exposure to agent orange. All though I am glad the fight is over, I find no joy, only anger that our own chemical companies knowingly poisoned thousands of Vietnam veterans in the name of the all mighty dollar.

I would also like to add that anyone filing a claim or appealing a decision should never assume that their VSO has their best interest at heart. Mine did nothing. In the 4 years that I fought the VA I spoke with my VSO maybe three times and only saw him once. In February I called him to request that he check on my appeal status and his answer to me was "call your congressman." So what I am telling you is this, be sure all of your t's are crossed and you're i's are dotted. Do NOT chance that your VSO will follow through for you.

Best of luck to all who are fighting for what is rightfully theirs.

December 10, 2009

Here is what I don't understand. I was in the USMC in Vietnam in 1965/1966, my MOS's were combat MOS's of 0311 (Infantry) and 0353 "Ontos" crewman. My service records indicate I participated in four different assualt operations; I was lucky in the respect I never received a serious wound so no purple heart, the Corps didn't issue CAR's until late 1969, I honorably discharged in August 1967, everyone in my Company is dead with the exception of one person whom I can not locate. I have a number of stressors, the VA is only looking at the ones where there were KIA involved. How can anyone in their right mind question whether or not I was engaged in mortal combat, oh yea, my unit received the Navy Presidential Unit Citation and a Meritorious Unit Citation, but yet I could still be denied for SC on PTSD. What is wrong with this picture???

When a veteran has received any of the combat decorations listed below, VA will presume that the veteran engaged in combat with the enemy, unless there is clear and convincing evidence to the contrary:

· Air Force Achievement Medal with "V" Device

· Air Force Combat Action Medal

· Air Force Commendation Medal with "V" Device

· Air Force Cross

· Air Medal with "V" Device

· Army Commendation Medal with "V" Device

· Bronze Star Medal with "V" Device

· Combat Action Badge

· Combat Action Ribbon (Note: Prior to February 1969, the Navy Achievement Medal with "V" Device was awarded.)

· Combat Aircrew Insignia

· Combat Infantry/Infantryman Badge

· Combat Medical Badge

· Distinguished Flying Cross

· Distinguished Service Cross

· Joint Service Commendation Medal with "V" Device

· Medal of Honor

· Navy Commendation Medal with "V" Device

· Navy Cross

· Purple Heart, and/or

· Silver Star.

Important:

· Receipt of one of the decorations cited above is not the only acceptable evidence of engagement in combat.

· If a veteran received a Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal, but not one of the combat decorations cited above, develop for the claimed stressor as shown in M21-1MR, Part IV, Subpart ii, 1.D.14. Receipt of these campaign medals alone does not generally indicate engagement in combat.

August 6, 2009

I so agree with you! I'm dismayed by the lack of support regarding bill 3491. The negative comments there are

unbelievable. Such lack of respect for our veterans is beyond my comprehenion.

When this bill was first posted the voting was 75 for, 25 against but it has definately gone the other way.

What are these people thinking?

For some reason you can no longer bring up this bill through google so I will try again to post the link.

It appears ok in the body of the e-mail but when I do a preview it wipes part of the link out??? Really would like to see more positive support for this bill.

http://www.washingtonwatch.com/bills/show/...tml#commentform

Well, it wipes part of the link again so

after /show/ in the above link, add 111_HR_3491.html#commentform

maybe that will work for anyone here that wants to view the bill or comment.

Just tried the first link and it is working...

August 6, 2009

As you already know, these sponsers were for the bill when it was in the 110th.

To date, there is only one co-sponsor in the 111th.

I have contacted some of the vet organizations and

have been told that they will not back this bill without the research (this was when it was in the 110th).

Just who is going to research gastric cancers? I find it hard to accept that in the last 4 decades there

has been NO research on any gastric cancers. Take esophageal cancer as a classic example. It has risen

350% since ten years after the VN war. A red flag indeed but no one out there is researching just why the increase in this particular cancer. The best I've seen is, "it might be from obesity" and "more research is needed"

but NO ONE is doing it.

Our efforts should be directed at getting this research done. The bill will never pass without it.

August 6, 2009

Can't open the site. :P

I haven't been able to either..please try:

www.washingtonwatch.com then key in the bill number (H. R. 3491) in the lower left hand corner. It will take you to the proper link, click that and you will be there.

Thanks!

August 6, 2009

This is the link to the bill. If any of you would, please go to this site and vote YES.

It's being slammed by non-veterans, not to mention the comments made there are way out of line.

Thanks!

http://www.washingtonwatch.com/bills/show/...tml#commentform

June 9, 2009

thanks guys for your responses. I don't know what that form is that you are referring to. Where do I get it?

Some things that are abbreviated lose me...sorry.

YES! My husband's VSO was useless and after my husband passed away I got a different VSO and he was useless, too. He told me straight up that he would NOT help me with the PTSD claim but now he denies ever saying that. Too late because I have done it all on my own. I just hope that I haven't hurt my case. Because my vso did have me sign a POA for the cancer claim than it is listed that I have a VSO for the ptsd..that is why the American Legion rep in Washington has my claim. I have no idea how long they will sit on my claim before it goes before the BVA. It's been over two years now.

When I did call the rep a month or so ago I was told that they are working only on veterans claims where the veteran is 75 years or older. Also told that they will be doing that until the end of July then resume working on the other claims. Frankly I feel they should also put terminal veterans at high priority but apparently they did not.

I hate waiting but do agree with them placing older veterans first.

Anyway I will once again try and get the social security records via the suggestions given here on this topic.

Thanks!

Susan

June 9, 2009

My DIC claim is at the BVA (two years last March). I have talked with a VSO there in Washington who is from the American Legion. He is handling my claim before it goes before the appeal board. My late husband was receiving social security disability for PTSD (since 1992). He originally filed a claim in 2004 for ptsd but died in 2006 from cancer. No one has ever requested my late husbands social security records. I did, but only got the medical records...no letter stating his diagnosis. I have repeatly told the Washington VSO about the social security records but no one seems to want to request them. Social Security Administration has denied my request for the diagnosis/award letter which shows why my husband was receiving benefits. I was told that they do not give those out but ofcourse we all know better. It is useless for me to continue to try to get the information from them. I do have the original award letter but it does not have the diagnosis on it. Why is the VSO in Washington not interested in getting this information for my claim?

I am concerned that my case will be remanded because of the missing social security diagnosis. What should I

do?

By the way, I posted earlier about the error on Bill's DD214 (omitting the CAR) and the fact that they had him listed as a truck driver.

After contacting the records dept. I got the correct information which lists him as a machine gunner and lists the CAR.. The VA Regional office could have requested these same records but did not. If they had, his claim would have been approved while my husband was still living.

Very frustrating!

January 6, 2009

The VA cant destroy medical records.They dont always keep a good track of them.

Could Workmen's Comp have some sort of medical rcords on your husband that maybe even SSA didnt have?Yes, good idea!!

What is the exact status of your DIC claim today-I'm in appeals, since Mar 2007. American Legion in Washington currently has my file. I spoke with them in December and that's when I was told no NOD was ever filed for the Feb. 2005 denial for ptsd. I was also told he would have been eligible for unemployability. I personally think "aide and attendance", too.

is this claim still definitly pending or are they waiting for more evidence from you? Pending at BVA but I can send more evidence I'm sure.

The toll free 1-800-827-1000 might be able to tell you-

or did their last letter give you appellate rights with a deadline?

Or you could use the COntact System at the VA web site (called Iris)I'll check it out..think I already used it..e-mail to them, right?

The Iris info is under the Comp Icon and they take you step by step as to how to fill out the form.

I always ask for email reply because that way I have hard copy of what they say.

I am concerned here as to the actual status of your claim. Clayton Klemm of the American Legion in Washington is the one I talked to. He had me fax some papers to him that were in my copy of the C file but not in his. (it was the VCAA developement checklist, dated Sept. 2006 still not showing the CAR which was sent in July 2006) That leads me to wonder what else might not be in his copy of the file. He is a super guy to talk to so if anyone reading this is in appeal and is represented by the American Legion, and their case is being reviewed in Washington, I would certainly recommend talking to Mr. Klemm if they have concerns. Again, he is the one who said that the ptsd problem is from lack of an NOD. I don't know that Bill did not send it. It could have gotten lost like some paperwork seems to do. I have not found a Statement of the Case(Bill's) either. It is confusing because Bill had two claims and when he got correspondence from the VA, it never stated which claim they were referring to.

January 5, 2009

Susan- did the VA give you appealate rights- such as a DRO review or did they advise the time limit for the NOD when they denied the DIC claim?YES, ON BOTH CLAIMS. BUT! THIS IS WHERE IT BECOMES INTERESTIG ON THE ACCRUED PTSD. I FILED BOTH CLAIMS JULY 06. GOT DENIED FOR THE CANCER (DIC) BUT NEVER HEARD ANYTHING, NO CORRESPONDENCE WHATSOEVER ON THE ACCRUED PTSD..IN APRIL OF 2007, TWO MONTHS AFTER I APPEALED BOTH CLAIMS, I GET A DENIAL FOR THE PTSD. IT SAYS "YOU HAVE FILED A NOD WITH OUR ACTION. (I NEVER FILED A NOD CAUSE THEY WERE TELLING ME THAT THEY DIDN'T SHOW A CLAIM IN THEIR SYSTEM AND I NEVER RECEIVED ANY PAPERWORK FROM THEM) THEN IT GOES ON TO STATE THAT I MUST FILE MY APPEAL WITHIN 60 DAYS FROM THE DATE OF THIS LETTER (WHICH I IGNORED CAUSE I HAD ALREADY APPEALED BOTH CLAIMS) THEN THEY INCLUDED A "STATEMENT OF THE CASE." THAT SAYS

EVIDENCE: EVIDENTIARY RECORD (NO MENTION OF NEW AMENDED 215 NOW SHOWING CAR) THEN IT STATES:
ADJUDICATIVE ACTIONS:
7/25/06: CLAIM RECEIVED
11-22-06: CLAIM CONSIDERED BASED ON ALL THE EVIDENCE OF RECORD,
11-22-06: CLAIMANT NOTIFIED OF DECISION (NO..THEY DID NOT...NOT UNTIL APRIL 11, 2007)
12-04-06: NOD RECEIVED (NOPE)..
04-11-07: DE NOVO REVIEW PERFORMED BASED ON ALL THE EVIDENCE OF RECORD

DECISION: ENTITLEMENT TO ACCRUED BENEFITS IS DENIED
REASONS AND BASES: A claim for posttraumatic stress disorder was received Aug. 10, 2005. the claim was subsequently denied and the veteran was notified of that decision by a letter dated August 26, 2005 (I've never seen any claim denied that fast.)The claim was denied because there was no evidence of record of a verified stressful event that was linked to a confirmed diagnosis of posttraumatic stress disorder. No claim for posttraumatic stress disorder was pending at the time of death. (died May 30, 2006) The additonal evidence (DD215 that I sent) does not justify a different decision.

I see that the main focus here should be-in my opinion- but others please chime in-

1. proving by any medical evidence you have or can possibly get-they have plenty of evidence..they already stated once before that they would accept the CAR as his stressor. We did everything possible to rush getting it..finally got our congressman involved and he got the amended within several months.
that your husband had PTSD that was from from stressor (s) incurred during the Vietnam War.
Then the VA would have to consider the CAR in a different light.

When that is proven by medical evidence that can overcome any other etiology the VA states (such as childhood abuse- you are right-that was the status quo for many Vietnam vets in those days and it was never considered abuse then- it was called discipline)

then that main part of the claim is established- PTSD due to service in medical opinions that strongly over rule any other possible reason for his PTSD.

2. At that point then the 10 year 1318 criteria would have to be proven with medical evidence.

(a strong psychiatric IMO can cover both of these factors)

and even this IMO perhaps could raise enough rationale that the VA would have to somehow reverse their statement regarding the NOD not being filed.

But this might be quite costly and I sure dont think anyone should seek an IMO unless they feel this is an investment into a potential award.

"Not to mention the last denial stated that Bill had one year from that date to submit and now I'm being told that that was an administrative error and the date was actually 6 months prior to that"

Did the VA say you could appeal that statement?they said it was administrative error and was harmless.

If the VA was wrong here- did he die within that one year NOD period?yes, see above

The VA is firm on the one year NOD date yet exceptions have been made.But in your case- the NOD would have set the stage for accrued benefits-I'm not giving up on that because his disability interferred with his ability to focus properly on his claim..in my opinion an unsound mind cannot develop a claim accurately.

but still the PTSD would have to be proven as directly due to his service anyhow for any potential accrued benefits.And then evaluated by medical evidence to have been 100% P & T disabling for ten years prior to his death.Everything rests on a strong medical diagnosis of PTSD due to his stressor(s).

Are there any private PTSD treatment records that could be obtained-that VA has never considered?I would have to see if they have all the evidence that I received from social security which only covered 91-92 and also there's still that VA doctor who was called in to evaluate Bill in 92 while he was hospitalized one of many, many times. (Not VA hospital) That evaluation was not in the C file or the records from the SSA. Does the Heppa (?) law apply to the VA? Can they destroy records after 7 years?

January 5, 2009

If the SSA is saying that his PTSD was due to unknown causes- that wont help prove he had PTSD
fom service but that statement CAN overcome the childhood abuse statement that VA made.

I ALSO HAVE A DOCTORS LETTER THAT STATES BILL HAD SOMEHOW ENTERWINED HIS POSITION AT POLICE DEPT. WITH HIS POSITION IN VIETNAM. "I HURT MY PEOPLE", THAT KIND OF THING. SHE DID STATE "PTSD DUE TO MILITARY SERVICE."

If VA did not use that as evidence at all-this could be critical evidence for your DIC claim.I FOUND THAT LETTER(DATED 92) IN THE C FILE. IT WOULD HAVE BEEN THERE BEFORE HIS FIRST DENIAL. ALSO, WOULD THE VA HAVE INFO REGARDING THE VA DOCTORS VISIT IN 1992 WHO SAW BILL WHILE HE WAS HOSPITILIZED?

ANOTHER THING..BILL INFERRED UNEMPLOYABILITY. THE VA NEVER ACKNOWLEDGED OR SENT ANY FORM TO BILL FOR TDIU. WEREN'T THEY SUPPOSE TO?

January 4, 2009

With the CAR- it seems to me that VA would have to concede stressful events- as long as you can somehow overcome them as to their belief that his PTSD was due to childhood abuse.THEY STATED "DUE TO A TREATMENT REPORT DATED APRIL 1993, YOUR PTSD IS SECONDARY TO CHILDHOOD ABUSE".....ONE LETTER THEY USE, BUT TOTALLY IGNORE THE OTHER'S REGARDING HIS SURVIVOR GUILD DUE TO TWO COMRADES THAT WERE KILLED IN VIETNAM.

Somewhere-maybe in the SSA records they got that idea and hooked onto it to deny the DIC claim. NO, I TALKED AT LENGTH WITH THE DETERMINATION BOARD..A SUPERVISIOR..HE GAVE ME PERMISSION TO GIVE HIS NAME AND NUMBER TO THE REP IN WASHINGTON. HE ALSO STATED THAT HE'S BEEN ASKED MANY QUESTIONS RE: VA BUT NEVER HAD A REQUEST FOR AN AWARD LETTER WITH DIAGNOSES. THEY ONLY USED TWO YEARS WORTH OF BILL'S MEDICAL TO RATE AND THAT STATED PTSD, SEVERE, DUE TO UNKNOWN CAUSES, PLUS SOME OTHER THINGS, DEPRESSION, DISSASOCIATIVE DISORDER, THINGS LIKE THAT.

I see this as more important-at this point- then even trying to prove a stressor because VA often concedes stressor with the CAR or the CIB or PH.

Were these private doctors who these opinions came from?YES, AND THEY GIVEN DETAILED OPINIONS.
Could they be contacted for more detailed opinions?YES

As someone mentioned- if you could prove your husband was too ill to file a NOD in time-perhaps the VA would accept that.I WILL TRY THAT ROUTE HOWEVER HE WAS STILL SENDING NEW EVIDENCE AND IF HE COULD DO THAT, THEY WILL SAY HE COULD HAVE DONE THE NOD. THE POINT REALLY IS THAT HE DID NOT KNOW HE WAS REQUIRED TO, I THINK, AND ALSO AFTER RE-READING THE DENIAL IT STATES "IF YOU WANT TO APPEAL" AND HE DIDN'T FEEL HE HAD ENOUGH TIME LEFT TO APPEAL SO THAT IS PROBABLY THE REAL REASON THAT HE JUST KEPT SENDING NEW EVIDENCE TO TRY TO KEEP HIS CLAIM ACTIVE.

An independent medical opinion from a psychiatrist who has a PTSD background and who could access all of his medical records- could potentially persuade the VA medically to
reconsider the NOD filing date (if the records show how ill he was in the NOD period and also a strong IMO would possibly be able to overcome the bases of the VA denial as PTSD due to childhood trauma.CHILDHOOD TRAUMA PER HIS MEDICAL RECORDS CONSISTS OF "DAD USED TO SLAP ME UPSIDE MY HEAD AT THE DINNER TABLE" AND I SOMETIMES GOT THE BELT. THIS IS NOT CHILDHOOD ABUSE IN MY OPINION. BACK THEN PARENTS DID WHAT THEY DID. TODAY THEY ARE ARRESTED.

You mentioned Workmans Comp I believe and that he had been in law enforcement-
did any of these factors come into play in the VA decision? NO, THEY PRETTY MUCH HIT ON THE CHILDHOOD ABUSE THING.

His SSA records might reveal a stressor with more detail as well as reveal a better psychiatric assessment of his PTSD.I HAVE ALL SS MEDICAL RECORDS. NO MORE INFO THERE THAN IN THE RECORDS FROM HIS "C" FILE.

The bad part about IMOs is that they are not only costly-mine cost $4,000 for 2- but I feel that anyone getting an IMO should have a good idea of what the outcome-for all that cash-would be.

Did the VA-in the decision-say what medical evidence they used to come up with the childhod trauma as cause of his PTSD?YES, THE APRIL 93 TREATMENT REPORT (WHICH I HAVE A COPY OF) IT WAS WHEN BILL STARTED SEEING A DIFFERENT DOCTOR AND THAT WAS HIS INITIAL EVALUATION BASED ON PREVIOUS TREATMENT REPORTS. I ALSO HAVE A DOCTORS LETTER THAT STATES BILL HAD SOMEHOW ENTERWINED HIS POSITION AT POLICE DEPT. WITH HIS POSITION IN VIETNAM. "I HURT MY PEOPLE", THAT KIND OF THING. SHE DID STATE "PTSD DUE TO MILITARY SERVICE." I ALSO FOUND WHERE THE HOSPITAL HAD CALLED IN A VA DOCTOR FOR CONSULTATION BUT THAT REPORT WAS NOT IN BILL'S RECORDS OR C FILE. IT DID STATE THAT BILL MET WITH HIM FOR 30 MINUTES.IT GAVE HIS NAME SO MAYBE I CAN RESEARCH THAT BUT IT WAS IN 92 OR 93 SO MIGHT NOT HAVE ANY LUCK.

If you have libraries in your area with scanners-perhaps you could cover the personal stuff on the decision and have them scan the decision onto a 3 1/2 disk and then you could download it here.It would be the part where they list the evidence they used and then their full reasons and bases for the decision.IT PROBABLY WOULD BE EASIER TO TYPE IT..I THINK I ALREADY DID BUT I CAN DO THE SCANNER..WILL CHECK WITH LIBRARY THIS WEEK.

The VA come certainly come up with some negative crap and overlook or misinterpret strong evidence.

Many here know what I mean-
The Statement of the Case that contains their rationale is what has to be attacked word for word- with evidence that shows they are wrong.I DON'T SEE HOW THEY CAN BASE THEIR DECISION ON ONE SINGLE NEGATIVE LETTER BUT AFTER REVIEWING THE DIFFERENT DENIALS (BY THE WAY, SOME SAY HE HAS A REP AND SOME SAY HE DIDN'T WHICH MAKES NO SENSE) I THINK THEY CONCEDED THAT HE HAS PTSD BUT NEEDED HIS CAR WHICH TAKES IT ALL BACK TO THE FACT THAT THEY SAY HE HAD NO CLAIM PENDING AT TIME OF DEATH EVEN THO HIS LAST DENIAL..AUG. 26, 2005 GAVE HIM ONE YEAR TO APPEAL.

January 3, 2009

Morgan,

I received almost all of his disability amount but he had an off-set due to worker's comp. so his check was not the full amount one usually receives. I did have to return his SS check for the month that he died in..they did not take it from my checking account thankfully.

Call SS on Monday and find out what you are entitled to. They can give you a dollar amount right over the phone. I turned 60 a few months after Bill died, had zero income, and didn't realize I could get ss that early so I was atleast pleased for that blessing.

January 3, 2009

Thanks for your replies!

So, how does one go about trying to straighten out the errors made because of a bad VSO? No proof, ofcourse, but was

told to re-open claim that was still pending,(which changed the original date of claim..several times) never told to file NOD, which has totally screwed up claim, and I could go on.

What are VSO's around for anyway?

January 2, 2009

WHAT EXACTLY ARE THE REQUIRED RESPONSIBILITIES OF A VSO??

January 2, 2009

SORRY, WRONG FORUM..

January 2, 2009

I have come to Hadit this time with a broken heart. My kind and sweet husband of 27 years died last Friday. He was rated at SMC M and was enrolled in the VA Home Based Primary Care program. He had a visit with the VA nurse on Thursday, a week before his death. She found a 101.7 fever but didn't follow up with us about it. He had had recurrent UTIs and had been on three rounds of antibiotics, so I assumed the fever was related to the UTI. The third round of antibiotic was to end the next day after the nurse visit. When I didn't hear back from the nurse, I thought the UA must have been clear. But he was still very weak and sick. I took him to a private doctor and he sent him to the hospital. We found out that he had pneumonia so advanced, on top of severe lung disease, and he just couldn't fight it off. I am devastated. I know I need to file a claim for DIC, but I just can't get my head together to find the application or know what else I need. Or how much DIC pays now. Anything anyone might remind me of, I would greatly appreciate, as I have been at home taking care of him and can't seem to think outside the caregiver box. I'm sure my good sense will come back soon, but I just can't think right now. All of our income is gone, of course, and since he was so sick, he had little life insurance.

Any help to keep me on track would be greatly appreciated. I'm just not used to not being able to think. I'm trying to find a job, too, but as crazy as I am right now, I'm sure no one would hire me. I just have to settle my heart and mind. I would appreciate your prayers.

I am so sorry to hear of your loss. I've been where you are now and I know the helplessness you are now feeling. Please accept my sympathies. I don't know your age but I can tell you that if you are 60 years old or when you do turn 60, you will be eligible for social security based on your earnings or your late husband's, whichever is greater. It was a Godsend to me.

Take care of yourself...Susan

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