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

[Berta]

Free- I continually sent VA lots of evidence after Rod died- he said even the morning he died- when the VA said his 2 claims were still in ratings- to make sure I did all I could if he died-to succeed in his 2 claims.

I had no idea that a few hours later I would have to call VA back and report his death.

One was for DIC as a re-open of his Sec 1151 claim----I sent in plenty of evidence on that and the other was a pending claim when he died to raise his PTSD SC from 30% to a higher rating.

I advise to continually send in all the evidence possible-

When you send them the 21-534 they will send you a VCAA letter telling you what they still need-

I forget----so much on my mind- is this an AO claim or an asbestos claim?

I posted the VA asbestos training letter here and it should be under the search feature and also I posted the VA NAVY occupational PIES list showing what Navy occupations had potential exposure.

Asbestos claims are often very very difficult-I am helping a vet with an asbestos claim and it is a wonderful claim- I mean a very solid claim-it took a lot of time to work on and I only hope he hears something soon as he has now developed additional severe problems.

I just got a call of an additional asbestos vet in the local village-

based on what the wife said- this one might be extremely difficult-

my vet rep who he wanted as his POA is retiring in a few weeks and I dont know what the local vets are going to do for a local rep-unless they replace him fast---

this vet from what I understand will need an IMO to service connect his asbestos.

I suggest that if asbestos is the claimed disability for accrued and that it contributed to his death that you read the VA info I mentioned on asbestos and consider reviewing asbestos claims at the BVA web site.

Also- you cant assume VA to do anything- it is best to connect the dots your self-

meaning prove that his inservice MOS specifically exposed him to asbestos and then by medical evidence that exposure lend to the disability that caused his death.

[free_spirit_etc]

Berta,

My husband was the same about his claim. That is why the accrued benefits are so important to me. Not as much for me to get the money -- as for them to ACKNOWLEDGE that he had proved his case.

That is why - I would rather wait a couple of years more for the end result by NOT sending in new evidence IF it would mean that it would mess up the potential for them to make a decision that his file DID show AT THE TIME OF DEATH that his cancer was SC.

We widows can be a stubborn bunch when we are figthing for our husband's honor!!!

My husband ended up doing his Thesis (which he completed in 2006) on the VA disability program. His professors were appalled at the process he reported.

His graduate committee came to his funeral --and one of the first questions they asked me was "What will happen to his fight with the VA?" Because they knew how important that was to him and they were worried that his death meant that now the VA got by everything.

I told them I would carry on his battle.

I laughed when you said you send Rod's ashes to the VA.

My husband had told me I should have him stuffed and mounted and have his body sent to the VA until they made a decision on his claim.

Free

[Berta]

Actually I think now that what I did was against the law- sending cremains by mail-

it is just that a quakola statement in an SOC was so upsetting to me, and had no medical rationale at all that

I offered some of the veteran's cremains in support of my claim.

I had GOOD cause to do this.

But it created quote an uproar.from the mail room on up-

The VA escorted them back to the local VAMC where I picked them up.

Actually Rod got more respect in his death -they treated those cremains like gold-

then he ever got from VA in his lifetime-

in any event I made my point regarding the outrageous statement in the SOC.

Maybe I am not quite making my point to you however-

Free- I think you should all you can to support the DIC and accrued claim with evidence-

what was the status of the claim when he died? Had it ever been denied or was it at a rating board???

If he had received a denial- and was appealing it- the SOC stated why his claim was denied. His VCAA letter if he filed after Nov 2000 stated what he needed to succeed-

the evidence in his medical records and anything else at all ( except cremains )

should be sent to VA with 21- 4138 form or a cover letter stating step by step how this evidence supports your claim.

I know what it is like to fight for Honor- I have been fighting for Peace with Honor for Rod for over a decade.

It is all he ever wanted. A peaceful death with Honor. He said it many times.

My IMOs gave it to him-death service connected directly to AO-

But I am still waiting for VA to give this to him and this would be the first proper diagnosis that they ever gave him.

Peace with Honor for him has been the longest and hardest battle of my life.

There is no honor in a Section 1151 death, that states that the VA killed him.

(they put it more diplomatically in the award letter)

It was no fun wondering all those years how they did it.

My claim per NVLSP is the first of its kind.

What NVLSP doesnt know yet is that I have a local vet in the same situation.

He refuses to file his claim until I succeed in mine-

the logic in that alludes me- and he is very difficult to deal with-

They gave him Sec 1151 for malpractice but his malpracticed condition was a SC 100% AO disability-which they skillfully forgot to mention in the award and he would not file a NOD.

Edited May 26, 2007 by Berta

[free_spirit_etc]

Berta,

Thanks for the tips. I will look up the asbestos info.

I think we have a pretty solid claim on the asbestos.

What holds against us is the C&P examainer -who didn't see him - issued an opinion that his cancer was not related to asbestos exposure because

#1 There was no evidence he was exposed to asbestos because he was not a part of any occupational screening programs that would indicate he was expsoed to abestos.

#2 He did not have any other unique conditions that would suggest he was exposed to asbestos.

Concerning # 1

We have evidence that shows

1. The occupational screening programs he was not a part of were not even STARTED until he was no longer an electrician. ANd that people who were no longer exposed were not part of those programs. And -- this kind of does a turn around on them on that point -- actually SUPPORTS that my husband's exposure was more dangerous as he was expsoed when there were NO safety measures in place.

2.When the Safety Measures WERE put into place -- the interior electricians (what my husband HAD done) WERE included in the occupational screening programs - and had to get OSHA training, wear respirators for certain jobs, etc.

3. Work records which show types of activities my husband did - and in what buildings - which he said exposed him to asbestos.

4. Results from the AF Base survey which was done later --which show significant asbestos problems in some of those buildings my husbands work reports show.

5. Buddy statements --verifying that at the time my husband was an electrician the electricians were exposed to asbestos - and that the training programs that were put into place AFTER my husband was no longer an electrician - taught them how to protect themselves from the exposure -- and informed then of the buildings that had significant asbestos problems - one of which was a building my husband had done extensive work in a couple of years before.

6. A job data sheet for Air Force electricians - which lists potential asbestos exposure as a one of the hazard factors of the job.

7.Copies of doctors notes (post service) from the Air Force base in which his oncologist states that he was exposed to asbestos while working as an electrician for the Air Force - and his pulmonoligist states that he was exposed to asbestos while working as an electrician and the pulmonologist notes indicate that he was at 10 percent risk for lung cancer from smoking alone, 8 percent risk of lung cancer from asbestos alone - and 80 percent risk of lung cancer from the combined effects of smoking and lung cancer.

This is where the medical journal information comes into play. The Air Force docs were not TRYING To support his claim -- they were just recording their opinions in doctor notes. And though the pulmonologist told us the AF attorney's told him he can not write a letter in support of the VA claim - he HAS indicated in HIS NOTES --the increased risk from the exposure. Though the did not go into detail about the medical bases and reasons for why he noted that SEVERAL times (because these were doctors notes -and not a letter of opinion) -- Medical treatesies CAN be used to support that the doctor was applying SOUND medical principles for what is written in the notes.

So both on the doubling time (in service occurance) and the increased risk from exposure to asbestos -- the combination of the doctors notes AND medical evidence (journals, etc) which show that the doctor was applying sound medical principals in his reasoning - SHOULD help the case.

Concerning # 2

1. My husband has a diagnosis of Interstial Lung Disease (pathology proven) and lower lobe adenocarcinoma.,BOTH of which are consistently connected to asbestos exposure. These do not PROVE they are from asbestos. But a doctor can't just blow off Interstitial Lung Disease and lower lobe adenocarcinoma - without given a medical reason for doing so. And he didn't say though he HAS these - they are not connected. He said that he has NO unique medical conditions that would indicate that he had been exposed to asbestos --when he in fact, does.

Free

Free- I continually sent VA lots of evidence after Rod died- he said even the morning he died- when the VA said his 2 claims were still in ratings- to make sure I did all I could if he died-to succeed in his 2 claims.

I had no idea that a few hours later I would have to call VA back and report his death.

One was for DIC as a re-open of his Sec 1151 claim----I sent in plenty of evidence on that and the other was a pending claim when he died to raise his PTSD SC from 30% to a higher rating.

I advise to continually send in all the evidence possible-

When you send them the 21-534 they will send you a VCAA letter telling you what they still need-

I forget----so much on my mind- is this an AO claim or an asbestos claim?

I posted the VA asbestos training letter here and it should be under the search feature and also I posted the VA NAVY occupational PIES list showing what Navy occupations had potential exposure.

Asbestos claims are often very very difficult-I am helping a vet with an asbestos claim and it is a wonderful claim- I mean a very solid claim-it took a lot of time to work on and I only hope he hears something soon as he has now developed additional severe problems.

I just got a call of an additional asbestos vet in the local village-

based on what the wife said- this one might be extremely difficult-

my vet rep who he wanted as his POA is retiring in a few weeks and I dont know what the local vets are going to do for a local rep-unless they replace him fast---

this vet from what I understand will need an IMO to service connect his asbestos.

I suggest that if asbestos is the claimed disability for accrued and that it contributed to his death that you read the VA info I mentioned on asbestos and consider reviewing asbestos claims at the BVA web site.

Also- you cant assume VA to do anything- it is best to connect the dots your self-

meaning prove that his inservice MOS specifically exposed him to asbestos and then by medical evidence that exposure lend to the disability that caused his death.

[Berta]

That is all good evidence-

I think it is good idea to make sure that they have it all------

a lot disappeared from Rods c file when he died-

I had to re send a lot of stuff----

you do have considerable evidence that will help this claim----I dont realise how much you have-

I only hope they have it-

and actually read it.

[free_spirit_etc]

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.

But I guess I should send in everything I can -and IF they approve DIC but deny Accrued -I can file a NOD indicating that the evidence in the File at the time of death showed SC as well.

I guess the first step is to get the SC -

But the VA is very tricky -- so for every battle - you have to look 20 steps down the road to see what battle you might have next if you proceed THIS way NOW.

The status of his claim is questionable.

He claimed for SC for In Service Occurance -- (direct) and secondary due to asbestos exposure in 2001.

They denied that - and he filed a NOD. They never addressed the issue of inservice occurance -- but denied the asbestos exposure. They sent him a SSOC in 2004, which also denied him. They sent him a notice to appeal - but then sent a letter stating your appeal is being sent to the BVA. He THOUGHT this was the appeal for his cancer -- since it was the only thing he had sent a NOD in for several YEARS.

In 2006 he called to check the status of his claim with the BVA and to see if we could send additional evidence. The RO said to send the additonal evidence to THEM - and they would forward it with his case to the BVA -- They told him the additional evidence would not delay the processing of his claim with the BVA. We sent a letter asking them not to send the file to the BVA until we sent the additional evidence. We sent the evidence a few weeks later.

When we called the Senator's office asking for help expiditing the claim - the Senator's office got back with my husband and told him the case had been closed.

My husband wrote to the RO July 2006 to ask the status of his claim -whether it was open or closed - and to tell him why it was closed - if it was, as he had thought it was being sent to the BVA.

He has never recieved a reply to his request.

The RO eventually sent a letter to the senator - telling THEM that his cae had been closed due to lack of appealing it - and that the letter indicating that his appeal was being sent to the BVA was for a Dental claim - NOT the cancer claim. My husband didn't know that. He had not appealled anything on the dental since 1999. That was something that just bounced back and forth between the BVA an RO for YEARS - with my husband taking no action. So - since he hadn't appealed ANYTHING for several years EXCEPT for the cancer - he THOUGHT the letter that said -Your appeal has been sent to the BVA -MEANT his cancer. The letter didn't indicate WHICH appeal - so he thought it was the one he had made in the last few years. I can see where he thought this because of their danged remand stuff boucing stuff back and forth -- He had things going back to the BVA for years without ever filling out another V-9 form.

Anyway --that is what the VA told the senator. They still have not ever notified my husband if his case was closed - or if it had been re-opened.

He got a letter telling him they had received the new info --and that his case could not be reopened until he submitted new and material evidence --and listed some of the evidence.

So he wrote back and once again asked - IF his case had been closed (and when and why) and IF his case had been reopened - but had not received a response.

He also asked them to adjudicate the claim for DIRECT inservice occurance - as that had never been addressed.

They did tell the senator that his case had been reopened and was assigned to a suprvisor to expidite the processing of it due to his terminal illnes.

But they haven't informed my husband of ANYTHING.

So I am assuming that it was closed - Reopened in 2006 - and closed again at death.

But you sure can't get any valid info on it.

We tried to go the route of asking for a response in writing -- since when he called by phone he was TOLD his case WAS open --and PENDING APPEAL -and to send additional evidence to send to the Board -- But then the senator was told it was closed.

Thye sure don't make it easy.

Free

Maybe I am not quite making my point to you however-

Free- I think you should all you can to support the DIC and accrued claim with evidence-

what was the status of the claim when he died? Had it ever been denied or was it at a rating board???

If he had received a denial- and was appealing it- the SOC stated why his claim was denied. His VCAA letter if he filed after Nov 2000 stated what he needed to succeed-

the evidence in his medical records and anything else at all ( except cremains )

should be sent to VA with 21- 4138 form or a cover letter stating step by step how this evidence supports your claim.

I know what it is like to fight for Honor- I have been fighting for Peace with Honor for Rod for over a decade.

It is all he ever wanted. A peaceful death with Honor. He said it many times.

My IMOs gave it to him-death service connected directly to AO-

But I am still waiting for VA to give this to him and this would be the first proper diagnosis that they ever gave him.

Peace with Honor for him has been the longest and hardest battle of my life.

There is no honor in a Section 1151 death, that states that the VA killed him.

(they put it more diplomatically in the award letter)

It was no fun wondering all those years how they did it.

My claim per NVLSP is the first of its kind.

What NVLSP doesnt know yet is that I have a local vet in the same situation.

He refuses to file his claim until I succeed in mine-

the logic in that alludes me- and he is very difficult to deal with-

They gave him Sec 1151 for malpractice but his malpracticed condition was a SC 100% AO disability-which they skillfully forgot to mention in the award and he would not file a NOD.