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]

What must I make of this (contained in my latest SOC...denial)..

The SOC I just received refers to a decision made by them in 2006 (stating that I had until June 2007 to appeal); my case was NOT EVEN OPEN at that time AND I received NO SUCH COMMUNICATION from them either... I received NOTHING from them during 2006 (as stated, this claim was not even re-opened until Nove 2007!)

What does this mean? Does it refer to someone else's claim? Does it open doors to anything I should USE in my efforts to gain DIC?

Judy

[Berta]

Judy -your service rep should be able to look into that for you-

it could be a major or minor error-

still the biggest problem I think you have is like mine-they have not considered your IMO or any other medical evidence.

I hope your rep is aware of Hupp V. Nicholson- when the VCAA law came out- we widows were not fully accounted for ( as often is the case) in the regs- the VCAA fully applied to us-as described below when detailed information is received by the VA- but it took the Hupp decision to make sure that we get proper VCAA letters and proper VCAA rights-

Hupp V. Nickolson

“In the context of a claim for DIC benefits, which includes a

claim of service connection for the cause of the veteran's

death, section 5103(a) notice must be tailored to the claim.

The notice should include (1) a statement of the conditions,

if any, for which a veteran was service connected at the time

of his or her death; (2) an explanation of the evidence and

information required to substantiate a DIC claim based on a

previously service-connected condition; and (3) an

explanation of the evidence and information required to

substantiate a DIC claim based on a condition not yet service

connected. Unlike a claim to reopen, an original DIC claim

imposes upon VA no obligation to inform a DIC claimant who

submits a nondetailed application of the specific reasons why

any claim made during the deceased veteran's lifetime was not

granted. Where a claimant submits a detailed application for

benefits, VA must provide a detailed response. Hupp v.

Nicholson, 21 Vet. App. 342 (2007).”

http://www.va.gov/vetapp08/files1/0803926.txt

This is why I asked you about your VCAA letter-because-

if it did not specify what they needed in a highlighted statement- and if it did not include the VCAA election notice- the VA will not even read any evidence the widow sends.

Maybe your rep should either ask for a DRO conference and submit what they ignored or he should ask them to immediatly prepare a proper VCAA letter-

I sent with my re-opened claim-sugnificant evidence that should have prompted a legal VCAA letter-

Hupp isnt for recent DIC claims-it covers all DIC claims filed when the VCAA became law.

Did you send the VA the VCAA election notice back when you got it , signed it and then elected one box on it?

[Judy]

I have IRIS'd them again to see if they NOW acknowledge receipt of the NOD; IMO from Dr. Bash, AND request for DRO hearing!

I also did some cut n paste from your post here Berta and sent to my SO regarding Hupp v. Nicholson.....

and the beat goes on....

thanks,

Judy

[Judy]

I IRIS'd VARO via email 9 days after my SO was to submit my NOD with IMO and request for DRO hearing.

Today (13 days gone..) I receive response from VARO via email stating:

"AS OF THIS DATE OUR SYSTEM DOES NOT INDICATE THAT WE HAVE RECEIVED YOUR NOD."

Great I say, just great.

I see they "cc'd" my so on the response but I have just pasted the whole thing and emailed it to the SO...

I guess tomorrow I will send the NOD the SO wrote up ALONG WITH Dr. Bash's IMO and send it certified mail.

Judy

[Judy]

My apologies to everyone as it seems I only post about my own case here. I just read all the posts to the board and feel so very unqualified to comment or advise as I know so little about all this. It is just a learning process one step at a time as we go.

I finally received my deceased husbands C file; now to wade through it as best I can.

I am really beginning to be concerned about my SO as I am having no response from him after sending multiple emails to him regarding the situation at present.

I met with him on May 30, 2008 and signed NOD with request for DRO "de novu" hearing, we attached a copy of Dr. Bash's IMO since they never acknowledged receiving it via my SO (submitted to VARO via him November 2007) which resulted in a new denial dated March 2008 but delivered to wrong address and finally reached me with updated cover letter dated May 27, 2008.

Now I have PERSONALLY sent a copy of the NOD and included the IMO and sent it certified mail with return receipt about two weeks ago. I have received my return receipt now and KNOW that the VARO signed for it... now I shall once AGAIN IRIS them to see if they acknowledge receipt of it.

Wonder what in the world will I do if they say "nothing received" again?

Good Lord, give me knowledge, patience and perserverance here. Wish I could help every one of you who has been through as much and even more than I have.

[Pete53]

Judy:

I remember that you are not to far from Waco but I may be wrong. I suggest that if you can to go to Waco VARO its just of I-35 near middle of town and ask to see a VA Counselor. Sounds like your SO is one of the oafs who just picks up a check to me. They also have better qualified SO's who camp out in the VARO you might ask to see them also.

Basically you need to review your claim and find a direction. I have found that for the most part the people at VARO are helpful and they may be able to help untangle some of the claim.

Good Luck

FYI

I took my brother to the VARO we met with a VA Counselor and 90 days later he was awarded a pension even thought the SO in Dallas said there was no way it could happen.