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]

Does anyone have experience with amended death certificates and perhaps know the answer to my question (see previous post).

Thanks,

Judy

[Berta]

Judy- your state's Department of Health or Vital Statistics department should know and they should both have web sites-

it might pay to call the ME yourself though and see if this is the same process in your state-going through the state Vital Stats office.

I owe you a thank you!-

The ME who did my husband's autopsy would not change the death certificate -3 years ago-and he told me our state had no way to get it changed.

After he left and a new ME came into the job I submitted my newer IMO to her but she would not change it based on what the other medical examiner had told me.

Someone I contacted at NY Vital Statistics gave me an office to get in touch with but this office emailed me and said NY did not change or amend death certificates.

Yesterday for some reason I accessed the NYS Dept of Health again and here they had a form right on line that you can submit to have a death certificate amended.

You do have to send evidence in as to why-and it must be signed by someone with full knowledge of the person's conditions at death etc- or signed by an attending physician- but still this was sure news to me- as I believed what I had been told in the past.

Iand I know better after dealing with VA- believe it only if it is good or makes sense)

I have never asked for PTSD to be on the amended death certificate-only the misdiagnosed DMII.

The coroner told me he never put PTSD onto death certificates yet many coroners do.

I am filling out the paperwork today and asking for an amendment to incude either one DMII or the other-PTSD or both.

Also I found out that court orders can change DCs in NYS.

I never thought of pursuing this that way but maybe I will if the Bureau of Vital Statistics does not accept my evidence.

It depends on the specific circumstances as to why they would amend one.

The NYS form I got -as I mentioned- did not necessarily need a physician's signature.But who makes the request should sign it and tell them why they are requesting the change.

I think this is out of Dr. Bash's area for many reasons.In your case- the same ME who signed it might change it.

[Judy]

Oh Berta that is fantastic! I'm so glad you are able to file for an amended DC; hope you get it done!

As for me, I'm off to research Texas requirements for amending; who has to sign off on it and who has to request it etc etc.

Dr. Bash is thinking over this weekend as to the best method of proceeding with the request for the amendment to the DC. Perhaps HE can talk to the ME who now lives in Florida (no doubt retired as his age is 77 now) but perhaps I can research whether we can appeal to Texas state authority for amendment based on med recs; evidence in this case is MIGHTY and obvious even to the lay person it leaves no doubt.

I'll keep you posted; let us know how your request plays out as well, we will be waiting to hear.

Thanks,

Judy

[Berta]

I googled Texas amend death certificate and got this site for Texas Vital Statistics dept and there is a pdf. file with the form you need.

http://www.dshs.state.tx.us/vs/reqproc/amendment.shtm

[Judy]

Berta,

I too went and read that form but I see a potential problem as it states;

"

EXAMPLES OF CORRECTIONS

TYPES OF DOCUMENTS

A.

ADDING INFORMATION

[items left blank on the certificate, excluding cause of death medical information]

ALL OTHER ITEMS REQUIRING CORRECTION SHOULD BE REFERRED TO VITAL STATISTICS FOR INSTRUCTIONS ON DOCUMENTATION.

So it seems I will need to call them Monday and find out what is needed.

Thanks,

Judy

[Judy]

Hello Berta and all,

It surely must seem like I abandoned this forum altogether as I haven't posted in months.

I was forced to take a full time job and while I am blessed with having it, it necessitated a move on my part at the same time I began working (Feb 1st, 2008) and so I have been very very busy, overloaded and tired. Trying to adjust to a full time work schedule at my age and setting up a new place of residence single handed has been quite an undertaking.

I do so want to thank you Berta and everyone who has so generously given me advice and help in re-opening my 17 yr old DIC claim.

Here is my update as we move along this very long and tedious if not exasperating road. I do have representation now via an excellent Senior Service Officer (American Legion) and together we submitted IMO from Dr. Bash (SSO said it was absolutely the best IMO he had ever read/submitted) so we are hopeful.

We decided against attempting to amend the death certificate (at least for now) and based on all the med recs, we are going first for DIC and definitely retro although it may take more than one "round" with VA to get there.

Personally, I did a ton of research FOR Dr. Bash and sent him so much information it must have been overwhelming, however, he did use some of it and it is worth your time to do as much as you can to assist him in "fact finding" so that he can have as much information TOGETHER with your medical files/facts to use in stating your case. He is extremely good at what he does but is very expensive as many have stated previously.

I have had two of the standard "form" letters from VA saying they have received all my info/correspondence and blah blah, the claim is in process of review... no news yet though. We re-opened the case in October 2007 so we are in the "waiting" status.

I really appreciate this forum for without it, I would not even be in the game as I had given up long ago.