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]

Berta,

I followed your link but am unable to find the form.

Judy

[Judy]

Can someone please tell me where to find this form to IRIS them for a status on my claim?

I sent email and got no reply; that didn't work.

I clicked on Berta's link and could not find the form referred to.

thanks,

Judy

[Berta]

I clicked on the

links- you need to click on the Ask a Question part-

I forgot to say that-

https://iris.va.gov/Scripts/iris.cfg/php.ex...p_sp=&p_li=

The above link mught get you right to the form-if not- try the other link

Under Ask a Question (you have to click on that paragraph)the form should pop up.

When VA replies -if they reply in email-(which I always suggest getting them to reply that way)

they will send you a link that you have to click on to get back to the VA site where the response is posted.

I suggest copying the response right away as they can vanish.

[Judy]

Thanks Berta for clarification; I have sent IRIS'd them twice..once for status of claim and second one to inquire if the IMO is in the file AND why I don't have copy of (properly) requested C file.

I shall await the reply via email (which is a GOOD idea; and to print it also) ...

Judy

[Judy]

Well it happened. I received my DENIAL of DIC today.....

Berta, they say "no new evidence was submitted" and they named the OLD original evidence stating that it was all reviewed and considered previously and the denial is upheld.

They don't even ADMIT receiving Dr. Bash's IMO..... needless to say I am furious and fighting mad.

I will call my SO tomorrow morning to update him.

Can I now request a hearing and present my IMO at the hearing?

I'm sick of them and I know many others have gone down this road before me but almost 18 years is a long time to fight them.

I will continue.......

Judy

[Berta]

"They don't even ADMIT receiving Dr. Bash's IMO"

Yeah -that is what they did to me-

I asked them to CUE a decision I got that didnt use my IMos or anything else I sent- and then they gave my POA a conference with the DRO-to make SURE they considered my IMos and other medical information-

It still remained unacknowledged at all-

I filed charges against my POA that they are having to answer to now to the General Counsel-they caused this to happen

because those IMos disappeared even after I got a fast remand-

I know the BVA sent them right back with the C file because I sent the BVA copies of them -as they seemed to disappear from my C file but a few months later I irised the VA only to find out they were Gone again.

Did you request a DRO review and did this decision come from a DRO?

If so your POA should ask them to CUE themselves as the DRO did not abide by the DRO regulations in M21-1 as to evidence consideration.

If the decision was verbatim to the old one obviously they did a Copy and Paste (what I got too) and your rep has to get your evidence before them.

If that is a copy and paste decision-he must ask the VSM to CUE it-as it is in non compliance with VA's own evidentiary regulations.

If it is a DRO decision he needs to use the DRO regs against them and argue the point:

http://64.233.167.104/search?q=cache:3nC0w...us&ie=UTF-8

and

whether DRO decision or not---

§4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

“b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “

Source: September 23, 2004 M21-1, Part VI

Change 118

______________________________________________________________________________

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.159 Department of Veterans Affairs assistance in developing

claims.

(a) Definitions. For purposes of this section, the following

definitions apply:

(1) Competent medical evidence means evidence provided by a person

who is qualified through education, training, or experience to offer

medical diagnoses, statements, or opinions. Competent medical evidence

may also mean statements conveying sound medical principles found in

medical treatises. It would also include statements contained in

authoritative writings such as medical and scientific articles and

research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the

proponent have specialized education, training, or experience. Lay

evidence is competent if it is provided by a person who has knowledge of

facts or circumstances and conveys matters that can be observed and

described by a lay person.

Question- the VA should have sent you a VCAA letter telling you to obtain an independent medical opinion-

did they?

I noticed claims from widows on remand at the BVA (and this was the prejudicial error in my VCAA letter)

that failed to tell the widow that-in the original VCAA letter-

this was the VA can make sure that-since they didnt raise the IMO issue-the widow will either not get an IMO-or if they did- the VA has a way out to ignore it.

It outrages me to think the VA would ignore any opinion from Dr. Bash-

and my reps made sure they would-

I am sure that your representation is far better then mine was and that your vet rep will fight this.The regs are on your side.