The Va Taketh Away Faster Than They Giveth...

[free_spirit_etc]

A couple of months ago I looked up the regs -- and it said that the Va payment for the month of death is a right of the widow.

I got the VA letter - and it said to call the tool-free number - so I did.

I was told that I had to send in a statement of claim asking to be allowed to keep the February payment -and that it NOT be reclaimed.

I have since closed my joint bank account with my husband. (AT&T was taking money out, but was not authorized to do so - and was not even applying it to our phone bill - so who knows who authorized them to take it out -or where it was going -- I just closed the account - and still have to sort things out with AT&T -which is hard because the fact they are taking money out of OUR bank account is NOT recorded to OUR phone bill - so I haven't found anyone to trace it yet).

Anyway - I Have a personal account with the same bank - which I opened after my husband's death.

Today I called to ask why my avaliable amount is reduced by $225..

The VA has a hold on it. Since our joint account is no longer open - the VA is reclaiming the payment for the month of death from MY account.

Geez!!

It is amazing how fast they can do THAT!!

Too bad they can't pay that fast....

And they wasted MY time and THEIR time - sending me letters telling me to call - and answering my call - and telling me what to do to keep the funds --if they were going to take them back and make me send in another claim to add to their backlog to get the $225 back.

I will have to say it is NOT just the VA --

I have gotten the run-around from Social Security (who - since my son is disabled (autism) --and on SSI - reduced his SSI benefits by 1/3 because he was living with us and receiving support from my husband -- but when he applied for SSD on my husband's record denied him -- because he was not living with my husband or receving support from him (????) The same dang office -- and one cuts his benefits because of my husband's support and one denied him benefits because my husband wasn't supporting him..., the mortgage company, the credit card company who took two months to close my husband's account while fraudulent charges were being added to his card, --well -- pretty much everyone...

Again, it is the no acountability issue -- a world full of toll free numbers in which no one is responsible for what they tell you - so they just tell you anything.

I am tired........

Free

[free_spirit_etc]

He was 20% -- but not connected. That was for his knee. He also has some 0% SC's but I don't see any connections on those either -- Scars, hearing, and such...

Free

One more question-----

I am sure you told us but I forgot-

it seems he was receiving 10% SC? 225 a month?

What was that for and was this disability at all related in any possible way to his death?

[Josephine]

Take Care,

Josephine

Edited May 27, 2007 by Josephine

[free_spirit_etc]

Concerning the Service Reps - he had one in Chicago - but really didn't work with him. We were under the impression that all Vet Reps did was had their names on your case - pretty much. We are in the St. Louis area -- but the RO is in Chicago. So I will have to decide whether to get one locally --or up there. Or maybe thy have ones where I can do both. I haven't really expolired that. From some of the BVA cases - it looks like you are at a real disadvantage on the technical aspects IF you have a vet rep that is useless. Because the Vet rep doesn't help - and then the BVA says you were represented by so and so - so you should have known blah blah blah...

But I guess I should think of this like I am hiring a vet rep -- and "interview" them a bit first before I pick one. I called the Illinois Office of veteran's affairs once - and they said they could help. The guy I talked to seemed pretty helpful. He is the one that told me if I didn't have an IMO - I could still point out connections with what is actually documented in the medical notes. I do think we built a pretty strong case with some of that..especially in regard to the Direct SC.

What my husband's case is for the Direct SC is that he was diagnosed with Cancer when the tumor was 3.1 cm (slow growing adenocarcinoma) 2 years post discharge after a 28 year military career. The base doctor explained the growth rates and doubling times to my husband -- and wrote them all down on a handwritten note that we submitted - It takes about 35 doublings for a tumor to reach 3 cm. The accepted standard doubling rate for adenocarcinoma (pulmonary) is 180 days. 35 x 180 = 6300 days (17 years). Usually it takes pulmonary adenocarcinoma 2.3 years to complete 5 doublings. So is it more likely than not that his cancer STARTED in the service? Yes. It is VERY unlikley that a cancer that typically would have taken 17 years to grwo to 3 cm would have done that in two years.

My husband's cancer probably didn't double in EXACTLY 180 days. However, eve in the studies of rapid growing tumors -- the FASTED doubling time found for adenocarcinoma was 72 days. (At 72 days doubling time -- it would take the tumor 6.9 years to grow from inception to 3.1 cm).

So it is VERY unlikely that his cancer STARTED and grew to 3.1 cm AFTER his discharge two years prior. I think we figured out it the cancer would have had to have had a doubling time rate of 17 days (double in size every 17 days) to actually start and grow to that size in 2 years. That kind of doubling time for adenocarcinoma is unheard of.

Plus - my husband's cancer was surgically removed and then supposedly "recurred" (i.e. they didn't get it all). Even from the time they re-detected it to when they attempted to remove it again --where they could track the size -- His PARTICULAR cancer NEVER grew that rapidly.

So I think it would be hard for the VA to say that it is more likely than not that his cancer grew at an unheard of rate for that type of cancer -- especially since it never did when they were able to track it somewhat.

So the DIRECT Service Connection was ALWAYS my husband's PRIMARY issue. That his cancer more likely than not BEGAN DURING his active duty in the Air Force.

Regardless of what caused it - Regardless of anything else. He HAD cancer PRIOR to his discharge from the Air Force.

I was pretty encouraged when I did a search for doubling time at the BVA decisions -- because they actually GRANTED MANY cases based on the doubling time or medically accepted growth rate for cancer.

Unfortunately MOST of these were DIC claims, Not vet claims. Maybe because, like in my husband's case - they never get araound to considering that part of the argument until the Vet has already died.

But that is the part of the claim the VA has never considered. his initial letter to them told them he was claiming for cancer because his doctor told him it had STARTED in the service (this was a military base doctor). And he gave them the evidence he had of that.

He ALSO said - he was including evidence of asbestos exposure - (which would have been a basis for SECONDARY service connection - in that his cancer was CAUSED by his in service asbestos exposure.)

The VA sent him a letter that they received his claim for lung cancer TO INCLUDE as secondary to asbestos exposure.

But after that - they totally ignored the DIRECT SC claim. The other decisions just noted that the claim was for cancer DUE TO asbestos exposure (rather than TO INCLUDE as secondary...)

They had a quasi-C&P report --where the doctor didn't even see him -- and the doctor's report said that he was asked to opine as to whether my husband's cancer was due to asbestos exposure. (No metion of when it started.) He decided it was not - because my husband wasn't part of any occupational screening programs that were not in existance at that time.

My husband sent in a NOD and once again informed the VA that his primary claim was that his cancer had STARTED in the service. But then he got the SSOC - copy and paste -- "it wasn't diagnosed in the service or in your presumptive period --there is no evidence that you were exposed to asbestos..etc..) But they never addressed or gave any reasons for denying his claim for DIRECT SC. Again -- they just stated that his claim was for cancer DUE TO asbestos exposure.

Last summer we sent a letter informing the VA that as they had never addressed the issue of Direct Service Connection (in that he had medical evidence that it had STARTED in the military -- doctor's notes and medical journals showing that the doctors notes were relying on sound medical principles ) -- That he considered that part of the claim to be UNADJUDICATED and asked them to ADJUDICATE his claim for Direct Service Connection.

The only response he got was a VCAA letter telling him what evidence he would need to support the ASBESTOS claim.

They have never acknowledged his claim for Direct In-Service Incurrance in their decisions, their C&P requests, or the VCAA notices. The ONLY time they somewhat acknowledged it was in their initial letter -- where they said "We have recieved you claim for lung cancer TO INCLUDE as secondary to asbestos exposure.

But as far as the VCAA goes - they have never informed him of any evidence needed to support his claim that his cancer began in the service - despite his consistent insistance that he is claiming that.

Free

I just read the run down on your claim Free-

I strongly suggest that you get a VSO ASAP to look into all this----

It sounded to me as though there was plenty of evidence to support asbestos exposure and disability due to it-

but something definitley seems wrong here and

not only do I suggest that you get all the paperwork together for an vet rep to look over but also to get a copy of his c file-

You didnt mention the VCAA letter-

If he did not get one or the one he got is not a legal VCAA notice, that would be a prejudical error on VA's part and I believe the vet rep you get could ask them to CUE themselves on any denials regarding the asbestos claim.

Or at least raise the prejudicial error issue-

This will take making appointment with a vet rep-

the VA web site has a whole of list of all reps --

and sorting out any past denials, SOCs, etc-and the VCAA letter and see why the evidence you mentioned (which is very supportive to asbestos claim) was never considered or why they considered it but failed to address it.

I am assuming-

he was exposed to asbestos in service which has been established by your evidence-

but which VA has to establish yet-

and that the asbestos caused disability which directly caused or contributed to his death- as it is listed on the death certificate. (with medical evidence to support that)

You stated :"I did get your point. And it is very helpful in letting me know how to proceed. I was just afraid that if I send in more evidence - they woud grant the claim - but then say it was because of the additional evidence"

It doesn't matter why they grant the claim- I often say Surround them with evidence-

Give them no way out.

You earliest effective date for DIC is the date of his death- if you file the 21-534 within the first year after death.

Accrued benefits- that would depend on a re-open of whatever he had pending.

Did he have a service officer helping him- if so -that is who you should conact-

but if not=the list is at the VA web site-

It would be good if you find a major vet org like VVA or DAV etc -who has an office right in the VARO building where these claims past were.

[free_spirit_etc]

Thanks Phillip. I haven't even considered that yet. It will probably take me awhile to get there. I know they were really pushing the asbestos claims around here several years back because of the changes in the law that would make lawyers not be able to get as much. They were trying to file them all before that deadline. So now that it has changed --where they can't award as much - most people just act like you can't sue any more.

We have had some problems in our area - because two if the counties here were so famous for large jury awards that people were coming here from all over the country to sue. A person hurt on a bus would sue here --if that bus company had any buses come through this county. So it really jammed up our court systems. I think they put a stop to some of that.

But thanks for your suggestion. It is certainly something I need to look into down the road. When my husband was trying to get his buddy statements - the guys he got them from were also concerned about their own asbestos exposure --as they worked beside my husband. So maybe I could get a few of them together - and their statements could support each other.

Free

Free - have you considered hiring a private law firm that specializes in asbestos related claims? I think the James Sokolove lawfirm handles them for a percentage.

pr

[free_spirit_etc]

Oh - now I see - you edited the post. When I was responding to the posts before - I was sure I had read a post by you talking about how the letters were confusing to you too - and how you had appealed one condition (anxiey or depression) and they were going with the "aquired mental disorder" -- so you really have trouble figuring out where exactly you stand on what. (or at least that was my take on what you said.)

Then I came back in to read it better - and respond -and couldn't find the dang thing... I was thinking I had gone senile -- ("I could have sworn Josephine said this, that and the other!!")

Now I see you edited the post -- which is a more comforting thought than that I really had lost my mind...

But yes -- their letters SEEM clear (in a way) But you have to decipher it all -- and figure out which things they really mean - and which things they had to put in the letter - and then they paste all that stuff in their that has nothing to do with you.. and you have to try to figure out what that means.

But then they can go back and point and say - the letter CLEARLY says you have to yadyadayada..

Like in those decision review letters. They say you may choose it -- and if you do - they will do a de novo review -- but if you don't choose it - your case will proceed according to the regular appeals process.

My husband did not choose it - but they did a de novo review (or pretended to do one anyway).

Then they have all that stuff about how they will review your case and inform you of anything else it needs before they send it on to the Board.

Has anyone really had them do that??

Have they ever REALLY reviewed your case and told you what else you needed before the case went to the Board.

They just kind of plug along on automatic pilot.... and the vet is supposed to actually know that when they say you don't have to have a de novo review --and you won't get one unless you ask for it - they don't really MEAN that -- they will just do what they do. And the vet is supposed to know that when they say they will review your case and ask you for more information if your case needs anything else that they don't really MEAN that --they are just going to send it on whether it has everything it needs or not.

But when they say --fill out the V9 they MEAN that...and of course the vet is supposed to know they mean that because the vet is supposed to know which things they mean and which things they don't mean. And if the vet doesn't know they mean that because he hasn't filled one out in years and things kept going back and forth to the Board anyway -- and because they send him a letter shortly after that telling him his case HAS been sent to the Board... too bad - because the letter CLEARLY states (among all the other stuff they didn't mean) blah..blah..blah..

Too bad - you have to start back at go -- and we will give you a late start because we are not even going to tell you that you claim is closed - and if you call to check on it - we will pretend it is still open, instead of bothering to check --

And the average vet is not versed in all the ins and outs of the system - like most people at had it. I am not a stupid person but it has taken me hours and hours of research --and lots of posts at had it to SOMEWHAT figure out this game called a "nonadvesarial" system. My husband was not a stupid person but he didn't figure it out. He THOUGHT he had done everything he was supposed to do.

Free

Take Care,

Josephine

[Philip Rogers]

Free - there's usually a 2-3 yr deadline, from date of death, on asbestos claims. You'd be wise to contact one, soon. To my knowledge there is no limit on awards and attorneys still get 25% - 40%. Congress has been working on a bill for years but don't count on them for anything.

pr

Thanks Phillip. I haven't even considered that yet. It will probably take me awhile to get there. I know they were really pushing the asbestos claims around here several years back because of the changes in the law that would make lawyers not be able to get as much. They were trying to file them all before that deadline. So now that it has changed --where they can't award as much - most people just act like you can't sue any more.

We have had some problems in our area - because two if the counties here were so famous for large jury awards that people were coming here from all over the country to sue. A person hurt on a bus would sue here --if that bus company had any buses come through this county. So it really jammed up our court systems. I think they put a stop to some of that.

But thanks for your suggestion. It is certainly something I need to look into down the road. When my husband was trying to get his buddy statements - the guys he got them from were also concerned about their own asbestos exposure --as they worked beside my husband. So maybe I could get a few of them together - and their statements could support each other.

Free