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]

Yes, the SMR's and MR's are in the package to Dr. Bash along with all VA case related documents; VA decisions, comments, denials, SOC's, SSOC's, Remand, death certificate, (no autopsy done)etc., all of them including the IMO I obtained back in 1993. I sent him everything I had on hand; all inclusive including printouts of the treatises that I found.

I only had to prove to the VAMC that I was the surviving widow (marriage license, birth certificate, death certificate and my photo ID) to obtain medical records from them.

I was told to send 3288 to Kansas as Jim's records are all archived there (C file) and they returned my request saying that "I" cannot get the file; the only request they will honor is directly from VA (I presume they mean VARO). I did not know they could deny a request for a copy of C file from veteran or widow of entitlement.

Guess my SO from AL can request them through VA.

I believe I only need them for CUE and not Dr. Bash.

[Berta]

Good- sounds like you are right on top of it all Judy and that Dr. BAsh does have eveything he needs-

As soon as the DIC claim is formally received by the VA I am sure they themselves will get the older c file from the archives.

[Judy]

I sure hope so Berta; but if Dr. Bash needs anything else I am certainly going to see that he gets it asap. I don't have any document in my possession that I didn't send to him. He asked for "everything" when I called to ask if he wanted this 5" thick package of papers, so he got it all. I even provided him with the copies of the original diagnosis, surgery, treatments and the military medical board findings/decision rating. I also had copies of the original VA award (July 1969) of 100% AND the re rating docs dated Aug 1970 when they lowered him to 30% and denied "wife's educational benefits" saying "your SC condition is not permanent and total in nature"..... **really! after only 12 mos of no cancer recurrence, they said that!**

Then in 1982 VA again rated him 100%..... I am hoping this turns into a CUE...as well as other things (like the heart condition undiagnosed/untreated) and also the complaint of numb fingers and toes (doctor wrote "Neuropathy") and no diagnosis or treatment nor award was given for that..

Right now, I'll settle for the SC DIC (secondary SC) of heart disease.

THEN I'll go for the jugular on the other issues.

You are a tremendous encourager Berta, thank you.

Judy

[Judy]

Correction: I know that the heart/Neuropathy is an 1151 issue (not CUE...my fingers typing ahead of my brain) sorry.

However, my SO from AL said that because they never offered me a hearing at VARO or at BVA after the BVA remand and the second denial by VARO, that in itself is a CUE.. does this sound correct?

If so, then I will certainly pursue that avenue after viewing the C file as I believe there are other issues that will possibly be proven by the C file contents.

IF the VARO did not obtain all the inservice AND post service med recs as the REMAND clearly instructed, then that is a CUE I presume also.

We will see.

[Berta]

"However, my SO from AL said that because they never offered me a hearing at VARO or at BVA after the BVA remand and the second denial by VARO, that in itself is a CUE.. does this sound correct?"

I am not sure Judy- your SO has the decisions and is basing his opinion on them.I never saw a CUE filed on that basis.

[Judy]

I'm going to give this SO the benefit of the doubt but I faxed over on Monday (per his request) the letter I received denying me the C File (from Kansas Archives) saying that VA would have to request it, not me.

I have called SO everyday since Monday when I faxed 9 pages (also original DD214 and the recording of it at County Records Div.)....everyday when I call, he is "in the field; making house calls" etc, and nobody can tell me if he's even looked at what I faxed. The secretary did find it in the file and said that he sent something to the VA on 10/19; I told her that was the day we met and he sent the informal letter to reopen the DIC and advise them of an 1151 claim also.

I thought he told me that he requested a VARO hearing but his secretary said no, that it will be another VARO decision (first step). I informed her that they denied me the C File and somebody needed to send for it. After a lengthy conversation, she said she would point that out to him to see who should send for it. I told her if "we" don't get the C File, this claim is going nowhere until we do and it takes time to obtain it from the Archives; she totally agreed that somebody needs to request it. She also said she had never heard of the vet or widow of entitlement being denied a copy of it from Archives. Hmmmm interesting but not making me a happy camper. I'm kind of wondering if this SO even has time for my case. Many of you know exactly how this goes and seems like it has no engine to drive the train.

I did talk to Dr. Bash again yesterday and he is absolutely full of hope and tells me that the SC DIC is evident from the med recs. He also believes that the decreased rating in 1970 (increased in 1982) can possibly be proven "wrong" as Jim had recurrences with radiation and chemo during those years.

I wish the SO was as helpful as Dr. Bash. This man is truly great to work with and talk to, and I thank you all for recommending him for the IMO.

Judy