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]

Thank you Berta. I agree after thinking about the ME's office and their internal problems; probably not relative to my VA case at all.

I received my IMO from Dr. Bash today and together we tweaked it where the "highly likely" and "certainly caused" were concerned and I am extremely happy with his IMO. I personally don't see how anybody at VA could deny his statements or refute them. He took the med recs and turned them into a loaded cannon. Great job.

I received the FORM LETTER from the VA "We have received your application for benefits. ...as we have a great number of claims, action on yours may be delayed. We are now in the process of deciding whether additional evidence or information is needed. If we need anything else from you, we will contact you, so there is no need to contact us in the meantime."

Does this mean they will be reviewing the case WITHOUT my IMO or that they will ask for "new and material evidence" BEFORE reviewing the case? I am confused as to the progression.

Thanks,

Judy

[Berta]

I think Dr. Bash is WONDERFUL!

I am so glad you are happy with his opinion- he took more time on reading my husbands medical records than the doctors who treated Rod for 6 years.

The benefit of having a real doctor do this- even though the fee can be high- can be the best step a vet or widow takes to get a proper resolve of their claim-

and a few comp or DIC checks that they might never see without an IMO-absorb the fee anyhow-

I would send copies of his IMO and the Curriculum Vitae to the VARO by Priority mail- and get a tracking slip that you can confirm on the USPS web site.

The VA might not even need to send you a VCAA letter at this point- if they havent already - as you have provided competent medical evidence that supports your DIC claim.

Then again one never knows what they might do- like get a VA opinion to go aganst Dr. Bash's opinion- yet that still would lend to Benefit of doubt-if the opinions -if one for and one against -both have equal merit-

let's hope they dont try to do that.

You could send them either a 21-4138 (available at the VA web site) or your own cover letter with the c file number on it and tell them to consider the enclosed medical evidence for your DIC claim.

Make sure your POA- if you have one- gets a copy too-

Edited November 14, 2007 by Berta

[Judy]

Berta,

Dr. B and I are "tweaking" it a tiny bit more today. I am trying to show "more likely than not" and "certainly contributed to" and such phraseology that VA likes (so far as my research has shown).

I have gotten the form letter that VARO received my "application for benefits" so are you saying that I should go ahead and SEND the IMO (with cover letter or form) to them now?

I am confused as to why they would review the EXISTING file (old one) WITHOUT the "new and material evidence" required for reopening my claim but alas, the AL rep who called me yesterday said that is probably what they would do. OF COURSE, that would mean another denial. Duh.

I am supposed to hear from the AL rep in Houston today as to whether he has time to take on my case. The rep who called me (from another region) said there are 2 reps in Houston AL right now and one is an experienced rep while the other one is "new"...

So I guess I should send the IMO via certified mail as you are suggesting. Do you know what the procedure is when this is done? Will the RO board meet and make a decision WITHOUT a hearing (as usual procedure)?

They have said in the form letter that due to heavy backload now, I can expect a delay in my case.

Oh, and one thing Dr. B was VERY specific about was to point out and state as fact, that the rerating from 100% to 30% (1970 ; one year after initial 100% was granted) and he stated,

" this reduction is inconsistent with the medical records/medical logic or standard medical principles". This statement is what I was looking for in regard to the unjustified rerating at that time.

Judy

[Berta]

" this reduction is inconsistent with the medical records/medical logic or standard medical principles". This statement is what I was looking for in regard to the unjustified rerating at that time."

"I am confused as to why they would review the EXISTING file (old one) WITHOUT the "new and material evidence" required for reopening my claim but alas, the AL rep who called me yesterday said that is probably what they would do. OF COURSE, that would mean another denial.

They have to send you a VCAA letter before any additional denial and-with the IMO- they may have enough to decide the claim without even sending you a VCAA letter.

"So I guess I should send the IMO via certified mail as you are suggesting. Do you know what the procedure is when this is done? Will the RO board meet and make a decision WITHOUT a hearing (as usual procedure"

I would hold off until Dr. Bash has changed the wording of it- if that is what you mean by the "tweaking"

"I am supposed to hear from the AL rep in Houston today as to whether he has time to take on my case. The rep who called me (from another region) said there are 2 reps in Houston AL right now and one is an experienced rep while the other one is "new"..."

Maybe it would be best-when the IMO is actually finished- to have the rep themselves submit it to the VARO with their own statement of support on a 21-4138-

(and send it in too yourself- just in case)

"Will the RO board meet and make a decision WITHOUT a hearing (as usual procedure"

A lot happens with a re-opened claim before it gets to a rating board-a hearing is something you could request with a DRO (Decision review officer) at some point if the claim is denied.

This all will take time- even with the IMO-

There is a CUE claim here I posted and will try to find it-

The veteran's comp had been reduced and he proved a CUE occurred.

It might help the vet rep prepare a good CUE claim-

however I am not sure that this claim would even be able to be adjudicated-

Since a CUE claim can involve retro to a vet or ,after their death, "accrued benefits" to a spouse- I dont know if you would be eligible for any accrued benefit award.

But as long as you had applied for DIC within one year after his death-and the VA denied-then this is the decision that would have to be Cued.

In other words-if you applied within that year (accrued benefits are not awarded if the spouse applies for DIC AFTER that year)-

then the decision should have contained a statement as to a denial of DIC and also denial of any accrued benefits-

that is where the CUE might be-

It is difficult for me to assess CUE potential here-there are many issues

if you did not apply for DIC within one year after death-

I dont know if there could be any resolve at all of any benefits due to the VARO dropping his comp to a lower level.

The vet rep however -seemed see the CUE in a different way in a prior post you made.

"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.."

The CUE-on what the rep said would have to be filed at the BVA and not the VARO.

It would have to be on a decision that you received as a claimant and not on your husband's older decisions-

I think-

A good rep with go over all of this carefully and see the best way to proceed.

Edited November 15, 2007 by Berta

[Judy]

Thanks Berta, I got it.

"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.."

Unfortunately, this comment was from a SO who works for the County COmmissioners offier and although an officer from AL website (whom I called) referred me to this guy, this man was not even connected with AL! So I am nullifying that statement at this point.

"But as long as you had applied for DIC within one year after his death-and the VA denied-then this is the decision that would have to be Cued."

I DID file for SC DIC immediately after his death in 1990; it was denied, appealed to VBA; remanded to RO and denied again. I wrote to The President, his office referred it to VA (again) and they stood by the previous decision(s) and this was in 1995.

Dr. Bash is finished with the IMO and I have the finalized statement. He said to send it to VARO certified mail.

I am still waiting to hear from someone with AL- hope they don't abandon me at this point.

I hope that there is CUE due to the rerating issue of 1970. According to the IMO it would seem that the med recs prove the error of the rerating down to 30% at that time as Dr. Bash stated

so.

"however I am not sure that this claim would even be able to be adjudicated-

Since a CUE claim can involve retro to a vet or ,after their death, "accrued benefits" to a spouse- I dont know if you would be eligible for any accrued benefit award."

I don't understand this statement Berta; did I miss something?

Judy

[Berta]

You DID file for DIC right after his death -so you would be eligible for any accrued benefits- if the CUE claim would generate that.