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]

Got it, THANKS! I'll go do that.

Judy

[cowgirl]

Berta, something about Judys posts and case here has bothered me enough to reread the info a few times. My heart goes out to all the efforts and I sure wish swift, positve resolution for Judy. As I have read, I've been thinking, our family had a relative pass recently and health statement corrections were made to the death certificate well over a year later. Now, after reviewing other old data, we've also found errors on another family members death certificate. Get this, it lists military service date and birthdate, one and same. Needs fixed.

My question; Is there any way to 'correct' and/or 'add' a true medical statement onto the death certificate that one also had/or suffered from a specific Service Connected disability at time of death?

If I recall someone here on Hadit had instructed her family, clearly, in no uncertain terms that when the time came, that her death certificate must contain VA service connected disability and what it was. cg

I think maybe you have to email him via their web site:

http://www.legion.org/?section=our_legion&...ol_ntlcommander

Edited November 12, 2007 by cowgirl

[Berta]

I have helped 2 or 3 widows get death certificates amended-to include the deceased vets service connected disability. however here in NY they dont change them-the Medical Examiner did put additional info an copies of my IMos into their files on my husband.

Also the local coroner told me he fully recognizes PTSD as a disability but never puts it down as contributing to the cause of death.

Autopsies are often the only way many widows can get their spouses death service connected.

An autopsy is performed by a real doctor-and can uncover things that are not on a death certificate.

I did not realise -when the Organ bank called hours after Rod died-that the autopsy they needed to do for the organ harvest- would fully support my FTCA claim.

The VARO 'lost' this autopsy 10 or 12 times-

but I just kept sending it in again and again-

Then they somehow failed to include it in all of the records that the GC requested-so I sent it again -to the GC.It was critical evidence of malpractice.

[cowgirl]

Wow, I wasnt sure if I was batting very well with my discussion regards correcting death certificates or amending them. Thanks for your response, makes me feel good I had that third cup of coffee yesterday. Cannot believe the VA would have "lost" the autopsy you submitted 10 or 12 times? or, ok, yup, I can believe it. Sorry it took you so long and thankful your sticktoitiveness and persistence paid off.

Two questions; How could a coroner recognize or assign PTSD as a disability as the contributing cause of death? What is GC? Thank you~! cg

I have helped 2 or 3 widows get death certificates amended-to include the deceased vets service connected disability. however here in NY they dont change them-the Medical Examiner did put additional info an copies of my IMos into their files on my husband.

Also the local coroner told me he fully recognizes PTSD as a disability but never puts it down as contributing to the cause of death.

Autopsies are often the only way many widows can get their spouses death service connected.

An autopsy is performed by a real doctor-and can uncover things that are not on a death certificate.

I did not realise -when the Organ bank called hours after Rod died-that the autopsy they needed to do for the organ harvest- would fully support my FTCA claim.

The VARO 'lost' this autopsy 10 or 12 times-

but I just kept sending it in again and again-

Then they somehow failed to include it in all of the records that the GC requested-so I sent it again -to the GC.It was critical evidence of malpractice.

[Judy]

This may be a legal question but I'm not sure. Just to keep muddying the water I'd like to pose a question (IF anyone has knowledge to reply I'd surely appreciate it).

Upon my husband's death the County ME signed the death certificate "Arteriosclerotic Heart Disease" (of course SC was Lymphoma/Hodgkins) (NO autopsy done)...so here is my question.

It has been widely publicized (even major documentary's have appeared on television) that during the early 90's the HARRIS COUNTY TEXAS Medical Examiners Office was haphazard, slipshod and had many cases of tampering with evidence, accusations of law enforcement conflicts (in prosecuting cases where ME evidence was the crucial fact of the case) and all of this was so severe that it led to the head ME being fired. She later sued Harris County and WON her suit.

Without going any further, COULD this be a valid point in my case regarding the COD on the death certificate? Could it be contested as there was no autopsy?

Just a thought; I'm looking for anything and everything.

I haven't received my IMO from Dr. B after 3 weeks so I just got off the phone with him and I guess he has so many cases that once he lays your file down, he naturally isn't able to remember what its about and where we were. I think he is working on it again now as he asked me for another fax and said he would call me back.

Feel like I'm batting about zero here.

I did get the "form letter" from the VARO that "we have received your application for benefits" and warning me of the lengthy delays.

Keeping on though... Thanks Cowgirl and Berta and all.

Judy

[Berta]

I dont feel this ME situation would have anything to do with supporting your claim-

I felt that the cause of death on the death certificate could be associated with your husband's SC condition as it was most likely that his SC could have contributed in some way (or the treatments for it) to his heart disease.

A SC condition only has to be found as 'contributing' to death in order to award DIC.

"Could it be contested as there was no autopsy?"

No-dont see how-

Did the ME or coroner ask you at time of death of his disabilities?

I am surprised that they did not list the Hodgkins disease on the death certificate.Then again it is not unusual.

Most deaths are due to the heart stopping-

that is a normal manner of death-this is why I advise autopsies because they reveal alot more details than a death certificate does as to cause of death.

Have you asked the Medical Examiner if they would be willing to amend the death certificate to include his SC disability?

Athersclerotic heart disease is common as a cause of death.

The VA doesnt know how to connect dots so this is what a good IMO can do.

A widow I helped filed for DIC because her husband's death certificate read that he died of atherosclerotic heart disease. He was SCed for diabetes mellitus from Agent Orange.

Those dopes at the RO denied her claim saying his cause of death was not due to his service.

I helped her prepare an NOD and sent them the VA's own DMII training letter, evidence of his heart disease from his med recs, a page from the VBM regarding DMII and heart disease, and also I suggested she ask the VA to respond and state exactly how his DMII did NOT cause his heart disease- with a full medical rationale.

She got her DIC within months after they got that.

"How could a coroner recognize or assign PTSD as a disability as the contributing cause of death?"

In a case of a suicide of a veteran perhaps they would- other than that they usually dont list PTSD on a Death Certificate.

"What is GC?"

The General COunsel of the VA in Washington DC.