ptsd Deceased Veteran Widows Pay

[banchie]

Hi Brothers & Sisters. My life has improved so much thanks to all of you! A slight tear there, sorry.

;)

One of my brother veterans died with his power of attorney assigned to his wife. He was wounded in Nam in the leg and received disability benefits for leg wounds & PTSD. He died of cancer before I could get him A/O connected (was filing the paperwork on presumption). His rate for leg wounds never increased over his lifetime.

The VA has since cut his wife off from any VA benefits. Is this correct? Here is a women who endured a PTSD veteran, and cared for him dying of cancer in her home. Is she entitled to anything? Pension or VA compensation coupled to power of attorney?

Thanks for your help in advance. Banchie VN 67-68'

[Judy]

The files are in the mail to Dr. Bash and what a big package it is too! I color coded everything with highlighters and tabbed it for him with matching color sticky tabs.

Berta, I decided to get both IMO's; guess I'll err on the side of caution and take no chances of not having what I need.

Thanks again and I'll keep you posted.

Judy

[Berta]

I am a little confused-by Tricare-do you mean that you receive benefits due to his 20 years of service?

But you do not receive SBP or any widows annuity in any form from the military?

Did the VA drop his SC at any point because he elected the 20 year retiree pension?

I only bring this up because there is a DIC offset to SBP-

Gold Star WIves is in the forefront fighting this issue as to the offset- but I am assuming that you do not receive SBP- and the mil would have contacted you by now if you were eligible for that.

[Judy]

I do have Tricare benefits (TriCare for Life --now am 65 Y/O) and no I do not receive SBP from Military; no pay at all.

He was 100 % SC after 15 yrs of service....under VA pension for 12 mos at time of the re-rating from 100% to 30% that I previously mentioned.

Then after 12 years (1982) VA again granted 100% that was in effect 8 years at time of death in 1990.

I have always had Champus/Tricare and other priviledges (I researched today and it appears I do NOT have VA homeloan guarantee due to the ruling of non SC cause of death).... but I have always had all other benefits... this is a strange case in my opinion.

Judy

[Judy]

I just received a letter from the National Archives in Kansas telling me that they cannot process my FORM 3288 and that "we need to receive the request directly from the VA."

I am confused; I thought the veteran OR the widow could request the C File directly.

Any comments?

Judy

[Judy]

Did I misunderstand this procedure/form? Is is MANDATORY for the VARO to request the C FILE?

According to my research on hadit.com, it seems that it can be requested by the claimant/veteran on the 3288 just as I did.

Anyone ever been told what I was? Is this a denial of access? CUE?

Judy

[Berta]

"The files are in the mail to Dr. Bash and what a big package it is too! I color coded everything with highlighters and tabbed it for him with matching color sticky tabs"

I assume these "files" are your husband's VA and any private medical records.

And any past SOCs and decisions, denials etc.

The C file is available at the VARO- it might have been put into "retirement" but the VARO will obtain it after they begin to process the DIC claim.

You can get a copy of it as soon as they get it- or go to the Record Access Officer at the VAMC which treated him and ask what procedure you should use to obtain a copy of the c file.

Ten years ago I had no problems getting Rod's C file-

But in 2004 the same records access officer I have know for 20 years at the same VAMC told me I needed to give her copies of the Administrative papers from the Probate court with a rasied court seal- to prove my status as surviving spouse and Estate Administrator-all of this was already given to General COunsel in 1995 and here I had to get it all again.

This was ridiculous in my opinion- but this VAMC gets nervous when I walk in (they were part of the malpractice that caused Rods death)I only needed copies of a few VA records that had been cut off during the 1995 copying by the VA- oddly enough they were cut off at a very critical point-blood work records-you could not read the whole top part-the most important part of course-for my 2003 claim.

The Probate court is just minutes from the BATH VAMC so I got copies of what she needed right away but it still took some time to get the few records I needed.

NARA is where they keep SMRs- I forget where they store "retired" records.

Dr. Bash might not even need the SMRs because your husband was granted SC already- maybe best to check with him on that.

He didnt need them in my case as Rod's AO exposure had already been confirmed by VA.

Dr. Bash wont need the whole c file-as far as I can see here-

He will need any medical records whatsoever from VA or private doctors and the past SOCs can help him.

Any MRI results, ECHOs, EKG reports, and any lab work and results of the EKG stuff-Blood work etc-

I hope this is what you have sent him and copies of any SOCs etc.

I am curious? did the VA make you prove your legal status as Estate Administrator or Executor to get his Medical records?

I would check with Dr. Bash if I were you- as soon as he gets your packet -to see whatever else he needs.He might have enough as long as the med recs were all of them- up to date of death,and you had sent him the Death Certificate, and any autopsy narrative if an autopsy was done.

Edited October 27, 2007 by Berta