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]

Oh....the person I spoke with said the system shows "claim closed" and is dated MARCH 2008.

I promptly asked him how can that be IF the claim shows reopened OCT 2007 and SOC (denial) was dated MARCH 2008 then HOW can the claim be "CLOSED" in March 2008?

He said he wondered that too

[Judy]

One more thing. The person I spoke to today said that VA database (whatever he looks at in their computer system) shows American Legion as POA!! Can you believe that? Nothing in my C file shows that... I told him the AL SO could NOT access my file on the computer in January 2008 and the error message he got said "access denied; POA belongs to Tx Vets Commission"....

Of course he just said he didn't know why that would happen....

[Judy]

Berta and friends on hadit,

I finally got a return call today from the VA employee in "customer service" whom I spoke with last week. He did indeed locate my file and what he told me was MOST disturbing.

The file DOES contain the POA I gave to American Legion in November 2007 HOWEVER, it does NOT contain ONE SINGLE PIECE of correspondence from the DSO at AL! NO IMO from Bash submitted Nov 2007. Only the VCAA sent to me in February 2008; my response to it; then the Decision/denial dated March 2008 and subsequently re-sent in May 2008 to my corrected address.

There is NO evidence of the NOD requesting the DRO HEARING with Bash's IMO attached (from the DSO at AL) but there is NOW a copy of it AND the IMO sent by me via certified mail etc etc.

Wow.

The VA rep suggested that I sent a letter NOW to request a RECONSIDERATION or "review" of the case to INCLUDE the new and material evidence IN THE FILE, namely the IMO from Dr. Bash.

He said this would be much faster than waiting for either an appeal process OR the DRO Hearing.

Maybe the DSO never sent anything Berta... I don't know. He never gave me written proof of anything he submitted. In fact, when I asked if he had a file on my case, he informed me that AL doesn't keep copies of everyting they submit on behalf of a claimant...said they wouldn't have room to store all those files. He claims the only copies of anything are "in the VA file"....hmmmmm

That sounds really fishy to me. How can they operate like that? Anyone have any experience like this?

I just don't see where they have done one thing here.

Judy

[Berta]

This is a good idea Judy- Request for Reconsideration.

I would-if I were you- tell the VA when the Rep said he submitted these documents to the VA.

"That sounds really fishy to me. How can they operate like that? Anyone have any experience like this? "

Yep- me-

a few days ago I spoke to a lawyer from NVLSP- the pro bono law firm that is handling the Haas Blue Water issue-

NVLSP trains most of these vet reps who then are supposed to continue to get up on the regs etc-we discussed Nehmer but-in talking about my claim-

this NVLSP lawyer was very surprised and also very supportive to learn I had filed a complaint against my POA reps with the OGC.

No claimant ever used the specific law I used and only when they get complaints- will these reps and SOs change their ways-

I made 3 attempts to get my situation resolved within the state vet org itself, then with the Governor, and the OGC was the final attempt- the only one that might work-

the state of NY is overdue on their response to my 24 page complaint.

I hate to sound politically incorrect but I feel a bunch of angry Vietnam vets employed by NYS were simply trying to bully me,thinking I was some helpless widow, because they didnt see potential money regarding my main claim.

It involves five figure and possible 6 figure award.

The evidence I supported my complaint with (from them) shows how it all went and how they gave me consistently wrong info.

I began to feel maybe I represented an extention their wives or the family dog they went home to and pushed around and they took my initial complaints to their boss like a joke.

State of NY reps are paid by the state's taxpayers who include active duty men and women in Harm's Way now -who are NY residents.

Medical evidence will win my claim -not vet reps-(NVLSP said what I had was very good and said it was good I took an aggressive stand on getting it acknowledged)-

I am not worried at this point how they buggered my claim-

but

I am not going to stand by and allow them to push around anyone else who comes to them for representation.

If you feel this rep did not take the proper steps to advise you and especially if he didnt do what he should have done-you will possibly prevent this from happening again to another widow or a vet if you complaint about him formally.

They will have to consider the reconsideration request and your evidence.Did you get the name of the guy who advised you to do this?

[Judy]

Berta,

The man would only give me his "first name" and said they are not allowed to give full names. I wrote it down; date and time.

I was appalled that Ursula Henderson's phone number was no longer a working number.

I asked the man on the phone for her correct number...said he couldn't give that info out... I asked for her email address....said he couldn't give that out either. But he DID order my file and call me back within 5 days with the info I last posted, telling me to ask for reconsideration. I got his first name only.

I also sent an email via the AL website asking for a proper mailing address for Commander Conatser...no reply to that either.

I am considering mailing my letter certified to not only the address HE gave me (he gave me a specific address "attn" to send it to) but am also considering CC: the letter to Ursula Henderson, Paul Black (VSCM) and Commander Conatser (if I can get an address) AND to the DSO at AL as well. What is your opinion of this idea?

I tell you, I am about ready for a pro bono lawyer but don't know where to seek for that.

I shall do this letter for reconsideration first and make them consider Bash's IMO.

THanks to all,

Judy

[Berta]

If the rep was supposed to file the NOD and anything else for you with the RO-and he didnt- and your NOD date ran out-he should be reported to his boss-

It is hard for me to determine exactly what happened here-Judy-

the most imporatant thing is that the VA actually got your NOD on time and also your medical evidence-

Project Salute has pro bono lawyers but they are a mobile law clinic-and meet up with vets and widows at certain venues a few times a month. Their schedule is at their web site:

http://www.law.udmercy.edu/academics/vetclinic/nat_tour.php

There are other lawyers on the web who handle VA claims- for a fee (20 % I think) as long as the NOD has been filed after June 20,2007.

Many are listed at the NOVA web site.