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]

"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"

This sure concerns me-

Your NOD date was drawing so close-they should have gotten this by now.

Actually dont reps have PC access to the ROs in some way to ensure this stuff gets right from their office PC to the ROs?

Men and women- I do not recommend that you depend on a vet rep to do anything they say they will do- follow up on what they say and better yet, get a copy of what they say they did-

I feel in most cases a vet should prepare their own NOD and I-9-too-

the rep should support it with a 21-4138-

because no one knows better than you all do what specifically should be argued within the NOD or the I-9.

I personally know a rep who' forgot' to do things he told a vet he would do-

the vet lost his appeal rights.

You have every right to know if he properly filed the NOD for you-

I would send the VA a copy of what you filed in his office and tell them the date you did that-

and if he still fails to return your calls- I would be on the phone to his boss-

if I were you-

the NOD is a critical document.

I suggest too sending everything certified or Priority to both the VA and to your reps- anything you want to submit.

I have numerous USPS tracking slips to prove many submissions I made not only to my local rep but to his boss with office near the RO.As well as to the RO itself.

Most of it is gone from the POA's file on me.

The important thing is to make sure the VARO gets it all.

I didnt care because I have confirmation that the VA got it.

Edited June 29, 2008 by Berta

[Judy]

Thank you Pete and Berta.

Berta,

"Actually dont reps have PC access to the ROs in some way to ensure this stuff gets right from their office PC to the ROs?"

In my previous post (I know they have been so lengthy its hard to recall or follow sometimes) I stated that May 30, 2008 after I received the denial (March letter sent to wrong addy with May cover letter to my correct addy) I had a meeting with SO and he was UNABLE to access the VARO computer system BECAUSE VA had NOT corrected (IN their computer system) the POA (given to AL SO November 2007). Now I KNOW VA had the POA for AL or they would NOT have lent AL the C-file which they did in January 2008!

March denial letter was sent to my old home addy; May cover letter brought it to my current/new addy; June, ..now comes the C-file and it was sent to my OLD addy AGAIN.... a postal worker KNEW that my Mom lived a few doors down and he put it in HER mailbox rather than return it to VA! GRrrrrrrr....and the horror of it all just goes on and on....and on.

What bothers me SO much Berta is just what you said; the SO is not returning my phone calls NOR is he responding to emails I have sent him (five so far)....I think "we have a problem here, Houston" as the once famous astronaut said.

I have no way of knowing or proving that he DID or DID NOT even send the IMO to VARO in November 2007, and the same of the NOD requesting DRO hearing and attachment of IMO from Bash.

I have done exactly as you said Berta, sent it all myself, have return receipt in hand now.

Pete,

Thank you for your reply. I am about 160 miles from Waco ( I see you live in Texas also) as I am in The Woodlands (north of Houston). I would GLADLY take off work and drive to Waco (I lived there; attended school and married there) so that would not bother me at all..."IF" I knew I could have a meeting with VA Counsel and review my claim with more hope or better results than I am getting here in Houston.

I am not sure where this idea stands or if it would slow down and/or hurt my case as it is currently in the status of having filed NOD and requested the DRO "de novo" hearing at VARO Houston.

Anyone have any knowledeable opinion regarding this suggestion?

I will do anything; I just don't want to slow down the process of my 18 year old claim nor hurt my case in trying to shift gears at this time and point.

[Pete53]

Your VARO is in Houston not so long a drive but a lot of traffic. For some reason I thought that you lived near Waco must be the old timers kicking in.

You are also pretty far along but still I think that a visit at the VARO could help. It probably would not hurt to have someone who can actually lay hands on Information and explain stuff to you.

I have been dealing with VA since 1991 and I have to admit that the people who work their and I have met face to face are mostly a decent lot. Its when they are able to act behind the scenes in secret that things get dicey.

Still good luck. By the way I am in Dallas but have driven past the Woodlands many times so at least I have a general idea where you are now.

Texas is so big we have 2 VARO's one for North Texas in Waco and one for South Texas in Houston

[Judy]

I received a response to my IRIS and this is what it says:

(I have my signed receipt for the mail delivery/ sent all of this to them and receipt is in my hand)

Dear Ms. :

As of this date our system does not indicate a pending claim. It may take a few weeks for the information to be reviewed and a claim established.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can help you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.

Sincerely,

T. CLARK

Chief, Veterans Service Center

#1022

cc: AK Veteran/Inquirer06/28/2008 09:32 PM I want to know if Houston VARO acknowledges receipt of my NOD with attached IMO from Dr. Craig Bash; I have return receipt signed and dated.

Please acknowledge that VARO has it in my claims file at this time.

"NO CLAIM PENDING"?

Do they "close" the claim while waiting for a NOD from the claimant?

Judy

[Berta]

Judy-something seems terribly wrong here-

Do you have a copy of the 21-526 you filed? In the C file they just sent to you?

The VA should have sent you a VCAA letter and somehow acknowledged they received your claim.(it should be in the C file too)

What was the date when they signed the certified card for receipt of your NOD?

I dont know why they said there is no claim pending-I think they might have considered the claim closed if they didn't get the NOD on time.

If your SO fails to return your next call to him- make sure he gets this message- that if you dont here from him by end of this week you will be calling their National Commander Martin Conatser at 1-317-630-1200 or via the American Legion web site.

This sounds like the crap I got from the DAV many years ago-and like some of the crap I got from my other POA-I guess they think widows are going to put up with it-

Also this rep should have filed a 4138 form on your claim or at least in support of your IMO from Dr. BAsh- are their copies of that in the C file?

I regret that you have to deal with these screw ups but as lons as the NOD was filed on time (within one year after decision) your claim should be pending.

I had a NOD date that was hanging over me but asked for a reconsideration- and then had only a week to file the NOD- The VA acknowledged receiving it within a short time.

Good thing-the copy that I sent to my rep was lost right away at his office.

It seems to me that enough time has passed that the NOD should be in your C file-

Even if the Rep didnt send it in- what date appears on their receipt on the green card you have?

"A claimant, or his or her representative, must file a Notice

of Disagreement with a determination by the agency of

original jurisdiction within one year from the date that that

agency mails notice of the determination to him or her.

Otherwise, that determination will become final. The date of

mailing the letter of notification of the determination will

be presumed to be the same as the date of that letter for

purposes of determining whether an appeal has been timely

filed. 38 U.S.C.A. § 7105((1); 38 C.F.R. § 20.302(a)."

http://www.va.gov/vetapp08/files1/0805945.txt

They are very strict on the NOD time limits.

Meaning you would have to start from day one again!

[Judy]

Friends, I am really concerned as I wade through the C file I received.

November 2007 I gave POA to AL (after Tx Vets Comm SO told me to find somebody else to help me as he didn't have time; I had reopened my claim with them as POA in October 2007).

In the C file I IMMEDIATELY notice that the most recent POA is the October Tx Vets Comm one and NOTHING in this C file after October 2007 UNTIL the February 2008 VCAA to me asking if I had any "further evidence to submit" before VA considered their decision. Of course I called my AL SO to ask if I should RE-send the IMO from Dr. Bash (since AL SO had sent it already in Nov 2007) he said to check the box "no additional evidence to submit" ....so I did. (thinking VARO had it from AL SO).

IF there is NO documentation WHATSOEVER in the C file to indicate the VA KNEW AL was my POA then WHY did they loan the C file to AL SO in January 2008...they did so, and he had it in front of me at that time.

All of this means that NOWHERE in the C file do they have ANY evidence of AL being my POA; NO evidence of the IMO nor the (newly sent) NOD with attached IMO. In fact, they show NOTHING since October 2007 reopening of the claim UNTIL February 2008 VCAA and then my response to the VCAA, then comes the March 2008 denial decision.

Not to be repititive but now I have sent the NOD requesting DRO and attached the IMO from Bash and VARO says "As of this date our system does not indicate a pending claim."

I am totally and completely lost here...I mean really really lost.

Berta,

"Do you have a copy of the 21-526 you filed? In the C file they just sent to you?"

NO

"The VA should have sent you a VCAA letter and somehow acknowledged they received your claim.(it should be in the C file too)"

Only the one mentioned above--acknowledged the reopened claim...February 2008.

"What was the date when they signed the certified card for receipt of your NOD?"

NO date is handwritten in by the signature of the receipient but it is postmarked June 24, 2008.

"Also this rep should have filed a 4138 form on your claim or at least in support of your IMO from Dr. BAsh- are their copies of that in the C file?"

NOPE, nothing.

Interesting, C file DOES contain the 1994 letters VARO received on my behalf from the then Senator Phil Gramm of Tx. and Congressman Bill Archer of Tx as well as then President Bill Clinton.

All THOSE are there. Also the Medical Opinion I got originally is there... also the "so called" IMO from the VA doctor which consists of a piece of paper labeled "MEMORANDUM" and stating within 4 simple sentences that "I reviewed the medical records of the deceased veteran and found no causal link between his service connected disability and the cause of death on the death certificate".... WHERE is the RATIONALE here? WHERE is the medical FACTS of the CASE here?

Friends, what must I do now?

And they say they have no claim pending? WHAT on earth does that really mean?

Judy