akwidow

For those of you who are interested, here is the BVA decision for my DIC win. Now if only the award letter would show up! Any idea how long that will take? Thanks again to all you supporters! 1_11_2010__SC_for_cause_of_death_anonymous.pdf

This is a huge resource we should all bookmark.

way to go - asthma is a killer -

Thank you, thank you...I sent them a copy of the envelope too...

I can't stand this - send me your papers and your story and I will help you fight! If that is not feasible, what can I do to help you !

keep on with the good work! I love the dahling! Way to give them the treatment and win... btw, I read every word Berta ever wrote since I came on board as well....

It certainly makes sense that one could receive their records on cd. I would gladly accept them that way. I sent in my proof in hard copy and in cd format. Two ways, because it was a way to prove that all the data I sent was sent in the package...because the single pdf file contained every document I submitted. Submitting in this format also falls into the CYA category as well.

In cases where the veteran's service medical records are unavailable through no fault of the claimant, there is a heightened obligation to advise the appellant to obtain other forms evidence in support of the claim. In addition, there is a heightened duty to consider the benefit of the doubt rule in such cases. O'Hare v. Derwinski, 1 Vet. App. 365 (1991). I cut and pasted this out of the case that Berta referenced. I did this because the same thing happened in my DIC case. Part of my proof was from a letter written home from Vietnam telling about a tear-gas encounter by my late husband. In this encounter he was taken down, and subsequently put in an oxygen tank for three days. This was tied to his asthma, and part of his ptsd. VA never told me if they found the smr's for this incident. I certainly never got them. I find it hard to believe that a letter written by the vet in 1968 to somebody else than me (I didn't know him then) could be considered a calculating event preceding a claim made 40 years later.... I got the letter totally unexpectedly from an old friend of his in 2007. In any case, this was part of my proof that gave me benefit of the doubt!!! You never know what will be viable proof, so don't discount anything.

Never give up, I say - Way to go! You are your own best friend....

thanks, Larry - will do.

here here!

In the BVA decision granting my DIC, it also mentions a 1969 claim my late husband made for injuries from Vietnam. They mention the fact that the claim appears to be unajudicated...and are sending it back to the RO for consideration. I had never heard of this claim, and will pursue it. Here is a good one though. At the time of the 1969 claim, my vet was living in Brooklyn, and the RO for him then is I don't know which. His RO at time of death was Anchorage. Anybody got any clues where the old 1969 claim will end up?

The most important date in this substitution issue reg. is that it does not take effect until after death of veteran who died on or after October 10, 2008. So consequently, this regulation does not apply to my situation since my vet died in 2004. I will fight my/his battles, win or lose. They cheated him out of valid compensation when they denied him so many times. BTW, when I addressed the old denials, I asked them to cue themselves.....not a CUE by me. I believe this is a different legality? AkWidow

Thanks for all that work, Berta...I have studied the DIC regs and I remember some of the benefits. I am not re-married, and don't worry about that issue. I will take advantage of the education benefits - and the champus of course. It will be the first time I have ever had steady medical. I have record of his burial, and will be sending off that bill to be paid.

Simple question here - DIC for service connection for cause of death is my recent award. Can they (VA at any station) take that away from me because I file a cue or two on erroneous denials my late husband received when he was still alive?

I'll be looking...and share when I find the regs.

Isn't there an exception to this rule - as when a cue has occurred on a closed denied claim and the veteran is dead?

Larry - one of my girlfriend's son in laws is a Desert Storm PTSD vet - I am going to help him. That will keep my busy. I will help my father too - he is a WWII vet. He just gave me medical POA, which I am going to use to advocate for him. He went into Germany at the end of the war, when all the pain of the camp revelations were happening. I am finding out things he is telling now that I have never heard before.

Wings, your last pushes of wisdom and encouragement were a huge help in my claim...so I have you to thank as well as the BVA and our higher power, and myself for putting it together and not giving up against all odds. BTW, it is okay to thank myself, for if I had never tried for this widow's pension, I would not have received one! To thine own self be true! I knew it would be a landmark...which is why in the bottom of my heart I was ready for total rejection and VA denial. Apparently I had enough evidence that they could not turn me down - once somebody finally read it. The tone of the document goes on like a roller coaster - pro items, then con items and all, but in the end my brief's and proof won out. I read hints to me that I should follow up on the items I told them to cue themselves on, as well as an old claim from 1969 that I never heard of. I will chase those issues of course. I will post the document as soon as I can. Thanks again for all your help!

Thank you everyone for the congratulations. I am indeed a lucky girl...at least inside I feel like a girl. On the outside I am 56 years old! Anyway - the battle is not over, the money is not in the bank even though they have my direct deposit information; I never got the last month payment even though I applied for it; I need to get the burial information costs to them so I can get paid back for that; I want to use the education benefits to make myself smarter. On top of that, I asked them to cue themselves over a 2000 asthma claim and over three old ptsd claims that were denied. So yes, I will be be here a while. The asthma claim (not open at the time of death)is a shoo-in; as they had records back to the vietnam era about his asthma treatment in their files which included no mention of asthma on the entrance exam but mention on the exit exam and over 30 years of asthma treatment records; but when the RO adjudicated his claim they said they only reviewed two recent years of treatment records. Sounds like a cue to me. I don't know what will happen with the old ptsd claims. It is obvious to me that there are more records in his file that I still do not have. They even mentioned an old claim from 1969 that I had never heard of that was sent to the RO for further consideration. This tells me that there are medical records they did not send me even though I told them I wanted them all. The work is far from over. The claim that was open at death was for hearing...they denied that one again. It sits as 0% I do have a good question. They wrote their decision on the 11th January 2010. I got the letter yesterday. I understand that the financial end of things is a seperate process...believe me I will be watching for 70 months of retro and for the current DIC to hit the bank. But besides that, I need a copy of the C-File. How long is a good estimation of time for the c-files (his and mine)to get back to the RO, where all of the other issues will be adjudicated? I live 150 miles away from the RO, and will be planning a trip there to review and get copies of what I do not have.

I feel there is always hope, but be realistic - waiting kills and thinking about something else is better. That is the way I managed to endure my six years. Try to have a valuable life while the process is going on beyond your reach. JMHO AkWidow

Ladies and Gentlemen: I came home from a winter walk today to find a large envelope in the mail...and found my long awaited reward. Service connection for cause of death was granted!!!!!!!!! PTSD did in fact contribute to my late husband's death, and the BVA recognized my evidence as enough to overcome the Reasonable Doubt and I got my DIC!!!!!!! I am still shaking...and I realize how lucky I am because I did this without any formal IMO. The letters from my husbands friends, treating physicians in our little town and my statements and lay observations were enough for them to make their decision. After I stopped jumping up and down you here were the first people I wanted to tell so here I am. It goes to show that keeping records, or gathering them afterwards as it was in my case, and never giving up were what it took to get my DIC granted. I want to thank all of you who reached out to me - Berta - Wings - Pete53 - Carly - and anybody else who kept me bouyed emotionally - with all my heart and soul. I had filed most of my papers before I found Hadit in February 2009, so I couldn't use what I learned here as more than an anchor to keep me from drowning in self doubt; but what I did learn was that I was on the right track and to keep going at them. I was able to use the wisdom I learned here to write my last brief after the final SSOC came out in October 2009 and I sent in my papers and asked to be sent to the BVA as Wings suggested within the 30 days they gave me to respond. Did I say I was jumping up and down loud enough!!!! I feel 20 years old again! I look forward to getting my financial reward as well as the education benefits, Champus medical and whatever else I have coming. He would be so proud of me....I find it ironic that today is the six year anniversary of his death. I am going to light a candle for him. Your friend AkWidow

Thank you for the apology - I don't know if it is necessary as I have not read since last night, but thanks anyway. Grief is a large predator that wants to consume us. It stalks us whether we are sleeping or awake. The best thing to do is recognize that Grief is part of our life for a while and seek the best way to tolerate it's sharp teeth. Ignoring it does not make it go away. Denying you know it is a joke. Accepting that you feel it is the best way to go, because that gives you the opportunity to manage the pain, and work on dimming it's power on our life. There are many options to reducing the pain. I found a book called "Grief Recovery Handbook" during my journey. Look in your local book store, amazon, etc. and it will pop right up. It was a godsend for me, but I was not ready to exit the grief fog and read it for about a year after I lost my dear husband, six years ago today...which was when I found the book. In the mean time, let your friends and loved ones be your vehicle of support, and try not to deny your pain. Believe me, denial does not snuff the fire, just lets it smolder for later expression.

If it were possible I would join a class action suit with you. My late hubby was murdered by the VA, as sure as I stand here today. Deny Deny Deny... My arms are around you Pete.

I am in the ranks of those who care for you and respect you. Having lost someone I loved very much, I can imagine your grief but only imagine, as I have not walked in your shoes. My sincerest condolences, Akwidow