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]

"Can I personally send the request for the DRO "de novo" and attach the Bash IMO as stated herein?

Also, what other written docs must I prepare to take to the DRO hearing? I do so want to be MORE than fully prepared."

I would do that as to the De Novo DRO request- a hearing requires an additional and separate request-

there seems to be a lot to all this that I dont understand-

the VCAA only came into being in 2000 so there would not be a VCAA letter for the older claim-

even if the VCAA letter you got did not directly specify you needed an IMO it should have said to send them any medical evidence at all to prove service connected death-

and you have done that-

This is not a CUE-

if Dr. Bash's opinion had a full medical rationale to service connect your husband's death the VA should have considered it already-otherwise the DRO is supposed to in a de novo decision.

The AL has a couple of reps in or near just about every VARO-they can certainly check your C file to make sure the IMO and DRO Request is in it.

I didnt get a de novo review until over 2 1/2 years after I re-opened my claim-

and it was a copy and paste of the initial denial-

causing the DRO conference with my rep-

I hope you are prepared for what might be a long wait for the DRO review.

[Berta]

I need to add- my prior claim was before the VCAA and it took VA over 3 1/2 years to award DIC.

I have even more evidence for my present claim now yet -since Feb 2003-they have not read or considered any of it-per any documentation or evidence list or statement in any SOC or SSOC -whatsoever- in all this time.

If they try to get a VA opinion to go against it-I will get another one- for it- but they really cannot do that legally- if they try to send it back to the BVA I will get it remanded back fast-

I am prepared for the next war game- it is all we can really do-while our claims sit around and collect dust.

I dont know how long your DRO review will take Judy-I had reps who hindered my claims (documented) at every point -at the same time I was doing volunteer work for them-(documented)

their errors are one reason my claim is taking so long-

so hopefully you will get a DRO review sooner than I did.

[Judy]

Remind me what is your present claim (you got DIC as you stated); is it CUE or 1151 OR?

The SO told me Friday that in our RO it will be approximately 9 to 11 mos for DRO hearing. He said I should look for acknowledgement of my NOD in about 3 months; 3 to 4 months for the letter of appointment to appear for DRO hearing and then another 3 to 4 month wait for that.....

I know you have every chance to win your present claim; you are one smart lady who has fought unbelievable battle s with them and won more than one of them too. What a testament to your hard work, perserverance and fortitude.

I hope one day I can say "I won"; question is how long will it take to win the war and how many battles will I have to go through to get there.

Berta, in your opinion, would it do any good in my case to involve the media? We have some local tv personalities who LOVE to fight the battles against "the establishment" and won't back down either (when facts warrant and justification for fighting is clear)... just want to know what you think of that approach.

Judy

[Judy]

Can I submit my NOD requesting DRO hearing EVEN though the AL has my POA (and supposedly submitted it last week)??

I don't want yet another "we didn't receive anything from you"...

Judy

[Berta]

I get DIC under Sec 1151- an "as if" service connected death-

my present claim is for direct service connected death.

You could send the VA an IRIS to confirm that they have your NOD, the DRO review request and your medical evidence.

Here in Buffalo- it takes often over a year to read a NOD-they are color coded so that the RO knows when the year is up-3 months is fast to me.

[Judy]

IRIS'd VA questioning why no C-file when it was requested (FOIA) October 2007.... this is the reply I got today via email....

"Your for a Privacy Act request is with the Privacy Act Desk as of 05-27-2008. Your request should be completed within the next 15 to 20 days."

Sounds to me like NO COMMENT; we have received your FOIA 05-27-2008..... am I wrong here or are they totally unaccountable?

I'm going to wait 1 week after SO POA sent NOD and requested DRO hearing, then IRIS them to see if they got it....WITH IMO from Bash attached.

Judy