sjh4951

Thanks for your reply. 1. I did submit new and material evidence..his amended 214 to now show the combat action ribbon 2. VA stated that he did have a confirmed diagnoses of PTSD 3. No, he died from cancer but did have ptsd for atleast 10 years prior to death although he did not file a claim for it until 2004. I do have evidence (tons) to show that he was disabiled since 1991 due to ptsd service related. Some widows do manage to win ptsd claims that were pending at time of death...if it hadn't taken 2 years to get the amended 214, my late husband would have won his claim. A combat award was all the va was asking from him but he couldn't give them something that he had not yet received although he tried desperately to get that amended 214 before he died..even had our congressman involved. Not fair...

Looks like my late husband never filed a NOD to his ptsd denial although he did submit new evidence within that time frame. All this worry about the va not accepting the amended 214 and now I find it's the lack of NOD that got my claim for accrued screwed up. Bill had a rep for his claim...why did the vet rep not tell us that a NOD was needed???? How were WE suppose to know that a NOD was needed?? 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. All this down the drain because proper procedure was not followed?? I'm so upset.......all those years he (and my children and I) suffered from ptsd and this is how it ends, all over because of one missing form? For all I know he did send it and it was shredded...regional is Columbia so who knows? Anyone have any advise........I'm not ready to give in or up.

Hi Berta, My husband was on SSA for 18 years! I have an award letter to prove it but there is no diagnoses on it. I also have his medical records from social security. I just posted today on this site somewhere as to what the VA is doing to me now regarding the ptsd. My husband had a confirmed diagnoses of PTSD AND the VA recognizes that but his amended dd214 was not in his file when he died. It was sitting here on a table near his bed as he liked to look at it...he was bedridden from the cancer. It did not come in the mail until March 06 and he died May 06. I sent it to the VA in July o6 but they said it was moot because my husband was dead and it had to be in his file before he died. Someone at the regional office changed my claim from accrued ptsd to pension and I don't qualify for that. I don't know what to do anymore with all the screwing around in Columbia. The esophageal cancer is another story altogether and I'm going to try to get a letter from the gastro doctor that sites studies so maybe that will help. Will you read my other post about the pension thing and let me know what you think???? Thanks!! In a DIC claim like yours- you would have to prove your husband should have been rated 100% P & T in his lifetime for Service connected disability for ten years. With only 2 years of SSA for PTSD that will be difficult to do. It might be easier to obtain an IMO to state that his PTSD contributed to the conditions of death as found on his death certificate. PTSD has been found to have contributed to heart disease by VA when the spouse had a strong Independent Medical Opinion.I dont know if the VA has ever SCed PTSD to any other type of cause of death. "When I got my denial for the DIC(esophageal cancer-no mention of the PTSD) it showed as evidence the DD215. In March of 2007 I appealed everything..the VA stated there was no claim in their system for ptsd. On April 11, 2007 I received a denial for PTSD..their reasons and bases were: . A claim for posttraumatic stress disorder ws received August 10, 2005. (Original date of filing was July 2004) The claim was subsequently denied and the Veteran was notified of that decision by a letter dated August 26, 2005.(quick, huh?) The claim was denied becasue there was no evidence of record of a verified stressful event that was linked to a confirmed diagnosis of posttraumatic stress disorder" It seems they did not find any confirmed PTSD diagnosis.???? Did he have treatment records from a VA shrink? and did he take meds for PTSD? Were these records from a Private doctor? SSA based the PTSD award on something-some concrete diagnosis. Did you claim direct SC death due to esophagal cancer? I assume he was incountry Vietnam veteran- and that this cancer was listed on his death certificate as cause of death? Was this cancer in any way a soft tissue sarcoma? Is there any way at all the medical records can make it fit into the AO criteria?

Hi Berta, I'm still out here trying to get this PTSD thing in order. Did you ever have a second to find the posts from "Emily"? I couldn't find anything doing a search. I've got the SSA records(which are just medical records from 1991 throu 1992) and an award letter but it doesn't state the reason my late husband was receiving disability. My case is in appeals and I'm sure that if I don't take it upon myself to send the board the ssa records they will remand my case and ask the regional office to get them. I am just trying to think ahead to avoid dragging my case out any longer than necessary. Sure could use some advise and help. Thanks, Susan

Thanks...when you say attachments do you mean the medical records? Most of these were in his "C" file from when the VA requested them from doctors, hospitals. Thanks again!

I got the social security records but they are just medical records (about 200 pages). Don't I need some kind of award letter stating the reason SS approved disability for my late husband?? Thanks for any info! Susan

Thank you very much!! I will do that.. Susan

Does anyone know of a form from the VA that I can send to social security to get my late husbands records released to the VA? I'm already in appeals and if I wait for the VA to do the request (like they should have done 3 years ago) my case is going to be remanded and it will be another 3-4 years atleast before all is said and done. I do have the award letter from social security but it does not say why my husband was receiving disability. THANKS!!

SORRY, THE LINK DOESN'T WORK. JUST KEY IN WASHINGTONWATCH.COM AND THEN THE BILL H.R. 6798. YOU'LL BEABLE TO VOTE AND LEAVE COMMENTS AS WELL. THANKS AGAIN!

I HOPE EVERYONE IS FOLLOWING BILL H.R. 6798. PLEASE CONTACT YOUR CONGRESSMEN AND SENATORS AND ASK THEM TO CO-SPONSOR AND SUPPORT THIS BILL. BELOW IS THE LINK TO THE BILL. PLEASE VOTE "YES" AND ADD YOUR POSITIVE COMMENTS!! www.washington.watch.com/bills/show/110_HR_6798_.html THANKS!!

I sent my appeal to Washington BVA along with a nice long letter telling them that the local VA had totally ignored my accrued benefit claim for PTSD. I now have a letter from the Social Security Office showing that Bill started receiving SSdisability in April of 1992 and continued to receive it until the month he died, all for PTSD. I read somewhere on the va website that in certain cases the va will work with social security to determine actual date illiness began but I don't think it applies except for DIC. The only other option would be to prove that Bill was ill for 10 years prior to his death in which case I might get DIC for that if the cancer compensation claim falls through. HOPE EVERYONE IS CONTACTING THEIR CONGRESSMEN AND SENATORS TO MAKE SURE THEY SUPPORT THIS BILL H.R. 6798!! Yes, I know Kelly through e-mails. He sent me the breaking news of bill H.R. 6798. He has done many great things for veterans and I will never be able to thank him enough. I've mailed my congressmen, senators, family, and friends asking them to do the same. This bill needs to pass. Too many veterans are suffering and dying from GI cancers! Mary Schubert, the widow who was present with Congressman Kagen is one of our ec group widows. She and a few others have won their cases for ec/herbicide. Congressman Kagen is suppose to meet with the press and television crew on Monday morning. This is in Wisconsin so doubt it will be heard here in South Carolina.

It was pending...denied Aug. 2005 so he had until Aug 2006 but died in May 06. I then had a year. So, the VA is wrong in saying that he didn't have a pending claim but how do you fight the VA?

BREAKING NEWS!!!! CONGRESSMAN STEVE KAGEN (WI.) HAS SUBMITTED BILL H.R.6798 TO INCLUDE GASTROINTESTINAL CANCERS AS PRESUMPTIVE FOR ALL VIETNAM VETS/AGENT ORANGE. THIS INCLUDES PANCRCATIC CANCERS AND ALL CANCERS FROM THE MOUTH TO THE RECTUM. PLEASE CONTACT YOUR CONGRESSMEN AND SENATORS AND ASK THEM TO CO-SPONSOR THIS BILL!!!!!

Yes, the vso did say that he would not help me with the PTSD...just waived his hand and said " You'll have to do that one on your own." He was a real ass about it. The DD215 was acknowledged in the denial for esopahgeal cancer but the denial for PTSD just stated claimant had no pending claim at death which was not true. His last denial for PTSD was August 2005, he died May 2006, I filed July 2006 BUT because the VSO refused to handle the PTSD I just enclosed the amended 215, wrote a few notes on the form for DIC and sent it in. Therein probably lies the mistake I made...wrong form but who was I to know. I contacted the social security dept yesterday and asked for my late husbands records. They refused but did say they would send me a letter showing when his disablity payments started and ended. I also contacted his physc doctor who treated him in 1991 and 1992. Was told that all records had been destroyed and doc wouldn't write letter because he had no evidence to back it up....HIPPA Law?, they said. So that was another dead end. Bottom line...Bill had a pending claim at death...I had one year to reopen it...I did...VA says I didn't. Don't know what to do at this point. Any help?

Thank you Berta, I will try to answer your questions. For now lets set aside the esophageal cancer claim and deal with the PTSD. In October of 1991 Bill had a complete breakdown at work. He was found catatonic (?) at his desk (police officer). He was diagnosed with multiple things, so many that I can't remember them all. One was PTSD though. He never returned to work but did get worker's compensation due to being harassed by the police chief who "used" Bill. His favorite words to Bill were "you're a Marine, you can take it". Let me state here that my husband was very passive since returning from vietnam..might have been before but I didn't know him then. In 1992 I was told by a friend that my husband was eligible for social security disability and I applied for that for him. He was approved and because I was now his caregiver, the checks came in my name for him. (Workers Comp also paid me a weekly salary to care for Bill as his doctors said he could not be left alone...to the day he died in 2006 his doctors were still stating this and workers comp was still paying me. Bill was in and out of hospitals from that day in 1991. He saw a weekly psycoligist and was on numerous medications. He never worked again. In 2004 Bill was diagnosed with cancer. I urged him to apply for compensation due to agent orange. By then I had also learned about PTSD being compensated..never realized that before. Anyway, Bill did apply for service related PTSD. and the cancer. He was denied for PTSD based on the fact that he could not prove his stressor...the denial said "although we realize that you do have PTSD and cannot prove your stressor one of the following medals will be accepted as evidence of a stressful event." Well, low and behold Bill's combat action ribbon had never been put on his discharge papers so he and I filed to get them amended. It took a year or so to get that done. The amended 215 arrived in the mail in March of 2006 but by then Bill was too ill with cancer to procede with his claim. I just set the amended 215 aside as I was busy with my terminal husband. (Keep in mind that his last PTSD denial was August 06 (he had sent them everything he could think of..unit diaries, etc so while we were waiting for the amended 215 it kept the claim pending.) Bill died May 30, 2006. In July of 2006 I went to see a VSO. He told me that he would help me with the esophageal cancer but not the PTSD. I'd have to do that on my own is exactly what he said. Well, he filled out the DIC form, had me sign whatever I needed to sign and then gave everything to me to take home and mail. Before I sent the form to the VA I added a few lines to what the VSO had written, stating that I was including the new amended 215 to now show the CAR and was filing for accrued benefits for PTSD. When I got the denial it mentioned nothing about the PTSD. I called them and was told that Bill did not have a claim pending and they showed nothing in their file from me. I was so frustrated that I just packed everything up and sent it along with a letter to the BVA (this was March 22, 2007) In July 2007 I got the denial for PTSD from the Columbia office (strange, huh?) Now they are saying that Bill's PTSD was due to childhood abuse. He was abused as a child apparently (although I never heard anything about this until he started seeing a shrink) but was fine when he joined the USMC??. Now, I have told the VA in many letters that Bill was on Social Security Disability and had been since 1992. When I finally requested Bill's "C" file, (which took two letters by the way for them to finally send it to me) there is nothing in there from social security. (The file was a complete disaster...looked like someone dropped the paperwork then just scooped it all up and threw it into the box) It was next to impossible to make heads or tails out of anything. Pages missing..multiple pages of the same items, etc; Also included was the original letter of request for the "c" file which they had previously stated they had never received. I truly believe there is a problem in Columbia. The DD215 was acknowledged as received as evidence in the denial for esophageal cancer but not in the denial for PTSD. I personally think that what happened is when I added the info to the form my VSO filed out it might have screwed everything up. When the VA did not respond to my requests about the PTSD I wrote them a letter asking if I had filled out the correct form. They never answered that letter either. If I remember correctly I again sent them a letter requestion accrued for PTSD but not PTSD as cause of death. Still heard nothing until after I filed an appeal then ofcourse it was the July denial with the PTSD caused from childhood abuse. There is no doubt that my husband's PTSD was service related. Even when he had his surgery for cancer he thought he was in Vietnam. The hospital had to restrain him. It was awful. He had been taken off all of his meds(due to the surgery I guess) so his mind just ran wild. I am very stressed and frustrated by our system. My husband spent almost 15 years suffering from PTSD. He lost a career, I lost my career, our children suffered, it was endless and for what? Now I'm told that if I can get the accrued for PTSD or prove to the VA that Bill suffered from it for over 10 years prior to his death that maybe I can get monthly compensation. Is that correct? Thanks for all your help...I'm at my wits end.

He didn't file for PTSD until he was diagnosed with esophageal cancer. That was July 2004. He was getting SSD from 1991, unable to work since then. Can I actually get my claim date changed to 1991 because of the SSD? Should I contact SS and get his records? Thanks again!

He was denied for PTSD Aug. 26, 2005, died May 2006, I filed July 2006. The VA is saying he did not have a claim pending. Didn't I have a year from date of death to file? HIs last denial said he needed the CAR to verify his stressor...I sent them the amended 215 with the CAR now added. Took a year to get it but was too late for my husband. Yes, he was a Marine in Vietnam. He died from esophageal cancer. I have a claim for that too. Both are at the Board of Veterans Appeals. Which brings me to another question. The BVA has asked me to put "Waive Decision Review Officer" on all new evidence that I send? Anyone know what this means?

My late husband suffered from PTSD since 1991...probably longer but the S*** hit the fan then. He was on social security disability from then until he died in 2006. He filed a claim with the VA but his combat action ribbon was not on his 214. It took a year to get it but by then he was terminal and bedridden with cancer. After he died I submitted the amended dd215 for accrued benefits. Was denied. Anyone know why? Any suggestions? Sure could use the help. VSO is worthless. Thanks!

Hi Berta, My late husband had been on SSD for PTSD since 1991. He didn't file for comp until 2004, was denied for lack of CAR on DD214. By the time that was corrected (March 2006)he was dying from cancer. (Passed away May 2006) I reopened his case in July 2006 with the amended DD214 but again have been denied. My case is now in BOA. Would the SSD award help me in my case? If I win, why doesn't the va pay accrued back to the date that my husband filed? I'm also filing for DIC for the cancer (esophageal). Thanks!

Sorry that I was unable to respond sooner. STS..I followed the link that you provided and talked with LIVE HELP there at the NCI. I was told that esophageal cancer is not a soft tissue sarcoma. A Sarcoma is cancer that begins in the: Bone Cartilage Fat Muscle Blood Vessels or other connective or supportive tissues A Carcinoma is cancer that begins in the skin or in the tussues that line or cover internal organs. My late husband had adenocarcinoma (esophageal cancer) His cause of death was listed as esophageal cancer w/mets. HIs gastrointrologist, surgeon and oncologist all wrote letters stating that my husbands cancer was as likely as not caused from agent orange. His gastro doctor stated that he felt agent orange was causal, that my husband had no other risk factors nor a family history of cancer. All three doctors wrote two letters. The VA doctor that my husband saw (eye,nose,throat doctor) said that he was not an expert in that cancer field but that he knew of my husbands other doctors and that they were all well-known in their field. He also suggested (stated!) that the VA should not request that my husband see another of their doctors as he was clearly in a terminal condition. The VA still requested that Bill see another doctor. I got a letter from his oncologist to send to the VA stating that he could not make the trip as he was too ill by then. THATVA doctor (that never saw my husband)said he reviewed ONE letter plus some study he must have found on the internet and made his decision that Bill's cancer was not caused by agent orange. The VA used his letter to deny my case. I would think that with everything that Bill and then I sent to the VA that the weight of evidence would have been in his (my) favor. Not so...just flatly denied. I am appealing now. It will probably take atleast two years but that's ok...the time will pass anyway. Another in the group of widows that I chat with (she's in Wisconsin) just had her claim approved. Her husband also died from esophageal cancer. Her state rep (Steve Kagen) spoke in her behalf at her hearing. He is also a doctor. I was told that he is trying to get esophageal cancer on the presumptive list. Thanks for your replys to my previous e mail. I need all of the advise I can get.

Hi, I submitted good letters (6 + 1 that the oncologist sent on his own)from my late husband's doctors who were all extremely qualified in their field. However, none of the letters were backed up with any scientific evidence and the VA examiner did site a study done regarding my husbands cancer, so I was denied for DIC based on the one letter from a VA doctor who never even saw my late husband. Where is the benefit of the doubt??