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'

[Berta]

Judy-this is great news- I felt you had a very strong case-

"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."

Great my Vet rep made my IMOs from Dr. Bash mysteriously Vanish from my C file-- I have filed charges on that with the OGC-

I have 2 from Doctor Bash and one from another doctor-the VA has never acknowledged them yet.

"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."

I agree that is the way to go.

"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"

Me too- I made sure that the medcal records he needed were tabbled and highlighted and he went over every single thing I sent.

Other infrmation I sent him to support the claim-he didnt use that himself- but I submitted all that to the VA.

These were my statements as to what the autopsy and clinical record revealed -to include the FTCA medical reports I had-and known medical references from the standard medical comminuty.

It was the same type of medical lay evidence I presented that won my FTCA award years ago wihout an IMO-but this time the VA failed to consider a single piece of my evidence or that I was an exceptionally competent lay person whose prior lay evidence caused them to send me a large amount of cash due to Rod's wrongful death.

The General COunsel has asked the 4 reps I charged with negligence (NYSDVA) to respond to my charges.

They ensured that my initial IMO from Dr. BAsh was never even seen by the VA and when he prepared another one based on some VAola quakola stuff-

neither cummulative nor reeundant to the first one-

the POA told me VA is getting another VA opinion to go against the claim again-in fall 2006.

this was an absolute outright lie-

You are lucky to have this support from your vet rep-

some reps dont know who Dr. Bash is and do not understand or even recommend the benefits of obtaining an IMO from a real doctor.

Dont mean to sound politically incorrect here guys so dont be offended but some vet reps and not all-show widows utter disrespect and dont want to help them at all with their DIC claims.We widows did not make up the regs that provide us benefits.And we are supposed to get the same quality of represetation that any veteran does in DIC matters.

Many widows are in a very vulnerable state anyhow-when they file for DIC- and there are a few reps out there who try to take advantage of that.

I only hope that all of you here live a long long time and that- if your spouse has an eventual DIC claim -they get the respect and attention they deserve from vet reps.

Agent Orange vets would not have any AO comp today if it wasn't for Nehmer and NVLSP- that is if it wasnt for Beverly Nehmer-widow.

Edited May 25, 2008 by Berta

[Judy]

Berta,

Thank you as always for your reply. I marvel at your expertise and how much you have been through on your own case let alone your devotion to helping others. Kudos to you is an understatement.

One thing I am concerned about is that last October I requested a copy of C-file on my case and although it was sent to Houston VARO (and my SO had it the last time we met; he returned it to VARO after out meeting) I have NOT received a copy of it yet. I mean NOTHING from VA regarding the C-file. What must or can I do to obtain a copy? ALSO, the SO told me he could not give me a copy (he said there are things in the C-file that are confidential TO the VA and the vet/spouse/claimant cannot have those documents....so I have nothing except SO DID give me a copy of the MO obtained from VA doc (the ludicrous one I referred to and quoted verbatim here in earlier post of Dec. 2007).

Why have they not sent me a copy of anything to do with the C-file and how can I get it?

Judy

[Berta]

I got a copy in a few weeks by writing to my VAROs director and citing the Privacy Act, 5,USC 552.

The C file copies contained all the stuff VA said they never had gotten from me as well as two or three internal documents-they should not have released- one- an incident report when they gave my husband the wrongs meds by mail- and the complete Peer Review report that VA wanted to settle with me a few months after Rod died.

Funny how that Peer report vanished and so did the RC and the Doctor who wrote it (they both retired that spring)

and my FTCA, Sec 1151s whch could have been resolved in months ended up taking over 3 years.

I was stunned when I saw that report-when my claim got to the OGC in DC- the VA acted like the Peer Review had never happened-and that I was suffering from some allusion- the retired Regional Counsel (I called him up at his home) was shocked that I had not gotten my 1151 yet,and he ckinformed VA had that report,and was supposed to award my DIC and then send the report to the OGC and the doctor (the VAMC Chief of Staff who agreed with my charges in the report ) ran into me in a department store years later-and assured me he had done the report, it was bonafide negligent care, and he sent it to the VA.

Maybe there is something in it they dont want you to see-

but probably the request you sent is lost- you could IRIS them and put Attention Director and ask the status of the C file copies you requested.

I dont feel the FOIA is best way to get C files- The C file contains t be copied is your right under the Privacy Act-

FOIAs take too long because they have to be handled like FOIAs-

I just got a FOIA reply that took well over 2 years to get here from the VA in DC.

[Judy]

Berta,

I do not understand FOIA (definition? Freedom of Information Act??).

I originally sent to the St. Louis archive as this rec was so old it was no longer available at Houston VA.

They sent me notice that I could not have the file but VA Houston could request it.

At the very first meeting with my SO, he had me fill out the request form right there at the VA office that day, which I did.

The file was then sent to Houston VA and my SO had it when we met last. He is the one who looked at it (didn't allow me to put my hands on it nor go through it as I stated earlier) but told me that I would get a copy from VA (after he returned it to them) as I had already requested it using the Patriot Act request form (I forget what thats called) anyway, I have never received it.

How would I IRIS (?) them to the attention of the Director? I need to see that file for sure and I know its in Houston VARO.

Is it possible that the file is now before the review board at RO and I would delay things by requesting it at this time or is that so much bunk? They should have already sent it to me.

Judy

[Berta]

It is very possible that your claim would be held up at this point- for the copies to be made-

Still- you can ask VA the status of the copy request at the VA web site:

http://www.va.gov/index.htm click on Contact Us or

https://iris.va.gov/scripts/iris.cfg/php.ex...nduser/home.php

The form takes you step by step-

they will give you a response when they receive the Iris and then in a few hours, or days they will make formal response.

I always suggest using the email or regular mail response instead of getting a phone call response (which has no hard copy)

You could ask for a status of your claim as well as status of the C file copy request.

Does the VA have the IMO already?

Good to check on that too-

After I sent the VA many copies of my IMOs- in Dec 2006- for some odd reason-although I knew the BVA had the IMOs from me and did send them back when I requested remand-

I irised them as to getting confirmation (since the IMOs have disappeared so many times before that)as to their receipt of them in my C file.

My Iris reply said they never got them at all-the Iris actual says "we have never received them".

One sent many times since Nov 2004,one sent in August 2006-

It seemed to support my belief that my reps were making sure the VA never saw them and of course the rep never mentioned them in a DRO conference he had with the DRO-specifically set up by the VSM to address this evidence- he told me- and to highlight these IMOs and my other medical evidence.

After many emails to and from my reps who had no answer for where the IMOs were I sent the Governor a complaint letter and resupplied them again.

It ticked me off -you probably got the 9 page Curriculum Vitae from Dr. Bash. I copied his IMos so many times I was buying PC paper by the case!

I was in school at the time too- so my ink and paper was always being used up-

I would have never know-had I not irised VA that the IMOs were again missing.

Also due to an Iris reply I can prove that a VA examiner used solely 3-4 medical records when she prepared an opinion to go against my claim (which I got the second IMO for and whick Dr, BAsh knocked down)while the complete c file and all medical records, FTCA stuff, autopsy etc etc remained here at the Bath VAMC while she opined in Buffalo hours away.She didnt even know how to read military time in the records and had no idea that I proved the VA killed Rod due to malpractice.

As you can see Judy-Dr. Bash is by far more thorough than these VA doctors.He spent more time with my husbands records that Rod ever got in any proper health care from the VA.

IRIS can give you hard copy that you can hold them too.(or use against them!)

[Judy]

Berta,

Thanks so much.

"Does the VA have the IMO already?"

YES, according to my SO. He said for me to send it directly to him and I did so, then I followed up with a telephone call to him and he stated that he sent it to VA the day after he received it from me.

Can I send IMO directly to them (addressed to whom?) AND moreover, can I send it "return receipt requested" so a real person has to sign for it?

"Still- you can ask VA the status of the copy request at the VA web site"....."You could ask for a status of your claim as well as status of the C file copy request."

I had no idea that I could do this at the VA web site and I shall do that TODAY. At least I will know if they acknowledge receipt of the request for the C file AND if they acknowledge receipt of the IMO from Dr. Bash as well as giving me info on the status of the claim. I thought that all they would say is the claim is "with an examiner and pending review" which doesn't tell me much.

"I would have never know-had I not irised VA that the IMOs were again missing."

Yes, I see that and I personally need to know if this is happening to my claim as well. I know my SO means well (at least I'm presuming he does) but one can assume nothing in the midst of this matter so I have no way of knowing that VA got it unless I do IRIS them as you suggest. Again, I'm grateful to you for telling me this information as I was not at all aware of being able to IRIS them.

I read many (if not most) of the forums here and I was reading the forum poll on the length of time it takes for first decision and it is appaling that some vets/widows have to wait years....sometimes many years for their claim to be resolved.

Betty, I'm so glad you finally got yours after waiting a lifetime....literally. I hope many more of you will be awarded and soon.

Judy