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'

[deltaj]

Forgot to say this SSOC is dated OCTOBER 2007 and is from POA (Texas Veteran's Commission).

The POA was transferred (to American Legion) NOVEMBER 2007.

Also I am reading:

(after VARO denial September 1990; filed NOD and appeal went to BVA, then in 1992 this is what I received from BVA, and it states:

"THE ISSUE"

Service connection for the cause of the veteran's death."

after INTRODUCTION paragraph comes this:

"REMAND"

"The veteran's certificate of death shows that he died in August 1990 from arteriosclerotic heart disease. At the time of his death, service connection was in effect for nodular sclerosing Hodgkin's disease, evaluated as 100 percent disabling from June 28, 1982. (**remember that reduction from 100% to 30% between 1971 and 1982? This is the crux of the entire problem and of course we are contending in Dr. Bash's IMO that this was a totally unjustified reduction. However it was not appealed**). The appellant, the veteran's widow, is claiming, primarily that drugs and treatment provided for the service-connected Hodgkin's disease caused the fatal heart disease. The current record indicates that the veteran was provided radiation treatment while in service and after service at the Depart of Veterans Affairs Medical Center in Houston, Texas. In order to comply with the duty to assist the appellant mandated under the provisions of 38 U.S.C. S 5107 (a) (1992), the RO must obtain all pertinent records of treatment for the veteran's Hodgkin's disease provided during service and in the post service years. In view of the foregoing, this case is REMANDED to the RO for the following actions.

1. The RO should attempt to obtain all inservice radiation treatment records. All evidence obtained should be associated with the veteran's claims folder.

2. The RO should also attempt to obtain all records of treatment of the veteran for Hodgkin's disease, including radiation therapy provided at the VAMC in Houston, Texas. These records should be associated with the veteran's claims folder.

Following completion of this action, the RO should review the evidence to determine whether or not the appellant's claim may now be granted. If not, both she and her representative should be provided a supplemental statement of the case and an aopportunity to respond. Thereafter, the case should be returned to the Board."

That does NOT indicate an original 1151 claim as the NEWEST VCAA letter states.

Judy, You state that you are contending in Dr. Bash's Independent Medical Opinion that the reduction was wrong. Keep in mind that you as a claimant must file a claim of clear and unmistakable error yourself. I don't think you can rely on someone else to raise this issue. You are now represented by American Legion. Either find yourself a service officer there knowledgable on wrongful reductions under 38 CFR 3.343 ane 38 CFR 3.344 or change your power of attorney to Disabled American Veterans and get them to help you file a claim for clear and unmistakable error on the wrongful reduction. Remember that the phrase all the evidence of record includes the original doctor's report that stated that your husband had a life expectancy of less than 10 years.

[Judy]

I spoke to the VA Rep yesterday and got an update on my claim.

The VARO sent the IMO from Bash to VAMC Houston for "another MO" and it took over 60 days. When it came back, VARO had some questions (they tell me) and called VAMC. VAMC could not answer the questions without VARO sending the file back to them. So they did that. It took another 30+ days and another MO from VAMC but finally the file was returned to VARO. He says that he personally read the file and handed it to the rater.

NOW, it is in the hands of the rater...that is what I was told yesterday...he said I should have a letter within 2 to 4 weeks..

I had to be boldly ignorant and ask him (since he said he read it) if it was favorable or unfavorable (big grin here) and he stuttered around saying he could not tell me if it was going to be granted or not ...... so I politely told him thank you and said that I had waited 19 years and I guess another month wouldn't matter. He then said "well, it looks good".

Now that shocked me. So then I told him that I originally re-opened my DIC claim as of October 2007 which had been denied in March 2008. I told him that in seeking the help of the AL SRO, it appeared to me that his wording of the NOD caused an 1151 claim to be opened during May 2008.

He said "that is right". So I asked him if I have two open claims at this time, both the DIC and the 1151 and he said "definitely". He says they can choose to award under either one since they are both "open claims"...

I am waiting.... we'll see what happens next. That will determine where I go from here of course.

Thanks to everyone that I have even gotten this far because without the help and encouragement of all those on hadit, I would never have even re-opened this claim.

Bless everyone in their own efforts to win what they deserve. I pray for all of you.

Judy

[Pete53]

Judy:

My fingers are crossed that it is good.

Good Luck

[Judy]

Thank you for the kind words.

Judy :)

[Berta]

Thank you for the kind words.

Judy :)

Judy I feel your rep deserves a medal for opening that 1151 claim- I don't recall the whole story but I did feel the basis for a 1151 claim was very strong. I will say a prayer for you- Maybe this will finally be over for you now.

[Judy]

Hello Friends,

Today is Saturday. I was out shopping when my cell phone showed a "missed call".

Thinking they were calling to say my vehicle was ready at the shop, I hit "redial" and was

shocked to hear the VARO office recorder. Turns out that the VARO Rep (who has been kind and informative each time I've called him directly) had called me this morning at 8:45 AM.

Saturday morning? Wonder what he wanted to say? He did not leave a message. I managed to reach his extension and left a voicemail but of course I'm sure he won't hear that one until Monday.

Going to be a long week-end at my house.

I only know that in all the 18+ years I've dealt with VARO and this claim, they have NEVER, no NEVER called me for any reason. Not even to say "claim denied"....

Anybody able to give me any insight as to why he might have called me on a SATURDAY?

Here's praying that its good news.

Judy