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,

Sorry. I'm not good at form numbers but the original request for DIC (21-526) IS in the C file.

Dated August 30, 1990.

[Berta]

Judy-your POA has to be very clear to the VA. If they have put the AL on the most recent mail you have received from them- it seems it is definitely the AL.

They might not have received your NOD on time- I thought iut was due the first week in June- but dont know where I got that idea-

therefore it is imperative to find out whether the AL also sent in the NOD too, in time, since they said they would do that.

"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."

I suggest that you call him or email again asking him for proof of when he filed your NOD.

[Berta]

And -as I suggested here the other day- you might have to get tough:

"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."

That is the only way I succeeded in my past claims.Getting tough with the POA as well as the VA.I got tough with the OGC too- I had 3 claims at that time-one was FTCA tort.

And this is the only way I will succeed in my present claims.

You have to get some definitive proof that the rep filed the NOD on time- as it appears they got your NOD too late as I thought the year was up the first week in June.

Also - I think you said this is Houston VARO?

I suggest also that you write (fax or call) directly to their Director and their VSM and try to find out the status of your claim and whether one of the NODs has been accepted by now.

Houston Director:

Ursula Henderson

1-713-794-3661

Fax 1-713-794-3749

VSCM: Paul Black 1-713-383-2652

AVSCM Vakerie Martinez 1-713-794-3655

AVSCM Diane Bernrich 1-713-383-2652

Edited July 2, 2008 by Berta

[Judy]

I don't see how the NOD deadline could have been June 2008 when I just received their decision dated March 2008. That is the decision date for which I filed the current NOD.

I have NO proof (in writing) that AL actually filed ANYTHING....but I DO KNOW that VARO lent the C-file to AL SO in January 2008.

It seems to me that if I reopened this claim (says this in the C-file) October 2007 and that decision (denial) was issued March 2008 (also in C-file) that I had 1 year from March 2008 to file the NOD.

Am I missing something here?

[Judy]

I am going to call the VARO as you suggest Berta. I don't see HOW they could say "no claim pending"; ALSO I don't see how they can continue to deny receipt of what I sent them when I have a signed receipt that they DID receive it (NOD and IMO).

I am thoroughly angered that there is absolutely nothing in the C-file (mailed to me June 6, 2008) to show that AL is my POA nor that they have ever sent anything to VARO on my behalf.

Thanks to all,

Judy

[Judy]

I called Houston Director:

Ursula Henderson

1-713-794-3661

Fax 1-713-794-3749

and found that is not a working number.... so I called the office of Paul Black and after three people I spoke to a person

who looked in the computer and after listening to my details (date reopened; date IMO submitted; info on AL SO and POA; date of denial; date of NOD and IMO etc etc) he said he can't understand why their computer system shows "no pending claim".

Now he tells me to MAIL my concerns to Houston Director Ursula Henderson! Yeah, right.

Then he tells me he can "order" the file and in 3 to 5 days he will be able to look at it and see what (if any) of these documents are in it.

Lord I'm frustrated.