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'

[Pete53]

Judy:

I also pray that it is good news for you.

[Berta]

Me Too Judy-

and I believe the award will be under 1151-if they award DIC.

DIC under 1151 is NOT like regular DIC.

There are no ancillary benefits that come with direct SC death.

You would think a 1151 death would generate an equal standing with direct SC death.

It doesn't.

You would think a Sec 1151 award-if this states VA care contributed or caused your husband's death -my award states it emphatically-

that VA higher ups would be concerned.

I have had to explain to a lawyer at NVSLP as well as to a Project Salute Lawyer that the VA does NO follow up whatsoever to discipline any VA doctor or VA medical incident that cause or contributes to a veteran's death under any 1151 wrongful death award.

These lawyers were shocked to learn that fact.

Only when a vet or survivor files an FTCA claim and wins it with cash settlement -is there any reporting of the VA malpractice.- To NPDB-who in turn advises HHS in the state where this occurred.This way the VA doctors get discilplined on record for background checks and employment checks, etc etc.

Richard Swango (the infamous Dr. Death)here in NY killed many vets at VAs because his name was never on the HHS list and VAs hired him with out checking into his background.

I am pressuring VA to cough up some documents they dont have-proof that my husband's wrongful death under FTCA was reported to NPBD-

Of course I have already found documentation that shows it wasnt.I have received some piss poor letters so far from OLMA VA and the Gen counsel trying to get me to believe what they cannot prove as fact.

The doctors who killed Rod are still practicing in VAMCs right now.Some dont even know how deeply negligent I found them to be and I proved this to the OGC.

Since his records revealed not only malpractice on one VAMC but a cover up by the docs at another VAMC-in my opinion -this cover up bordered on first degree manslaughter. They had an ethical obligation (per VA doctor's regs) to reveal the malpractice they saw but chose to cover it up and knew he would die anyhow if they did that and failed to properly treat the true etiology of his conditions.

The VA has plenty more to worry about aside from shreddergate.When I am gone off here in May this is something I will be able to put more time into pursuing.

I hope you realise that 1151 DIC will not give you CHAMPVA or CHapter 35 or the Home Loan Certificate.

I think that is uncopnscionable.

VA can kill a vet but NOT fulfill their mission statement -

Abraham Lincoln's words-he must spin in his grave.

I talk to a veterans malpractice lawyer from time to time- he is so overwhelmed with cases he doesn't take on any new FTCA matters.

He too thought VA was failing to fulfill their NPDB mandatory agreement even on cases he won.

He didn't have the proof -however-I do.

I want a full hearing on this at the H VAC.

I will go to DC myself if I have to testify in person.

And I want a full hearing on these lousy C & P exams that VA quacks do which are obviously quaranteed to deny the claim.

I think I have enough evidence to get these 2 issues to that point.Still I want to find more evidence.It takes time.

Edited April 26, 2009 by Berta

[deltaj]

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

Judy, I'm hoping this means they have favorably decided your claim. Did you raise the issue of wrongful reduction with them personally? I know Dr. Bash raised it in the review he did because you told us all about this. I'm hoping that V.A. bought the argument of wrongful reduction in their decision and decided that your husband would have been rated 100% in excess of 10 years had that wrongful reduction not occured. This would have given you entitlement to DIC under the law because federal law states that widows rated 100% in excess of 10 years are entitled to DIC "as if the death was service connected." I'm quoting this from memory and I hope I'm quoting it correctly. If you didn't raise the issue of wrongful reduction personally and you get a decision granting 1151 then you are going to have to file an appeal of the decision raising the issue of wrongful reduction because your husband would have been rated 100% in excess of 10 years had this wrongful reduction not occurred. IF YOU DIDN'T RAISE THIS ISSUE ALREADY IN WRITING WITH V.A., YOU HAVE TO DO THIS IN YOUR APPEAL IN A TIMELY MANNER ON ALL ISSUES INCLUDING THE EFFECTIVE DATE AND WRONGFUL REDUCTION AND THE FACT THAT HE WOULD HAVE BEEN RATED 100% IN EXCESS OF 10 YEARS BECAUSE OF YOUR POTENTIAL ENTITLEMENT TO CHAMPVA, MEDICAL INSURANCE FROM V.A. FOR DEPENDENTS OF VETERANS AND CHAMPVA FOR LIFE, MEDICAL INSURANCE FROM V.A. WHICH WILL ACT AS ANOTHER LAYER OF MEDICAL INSURANCE BESIDES MEDICARE (WHEN YOU RECEIVE IT) TO PAY ALL YOUR MEDICAL BILLS. YOU MAY ALREADY HAVE ELIGIBILITY FOR CHAMPVA BECAUSE I THINK FEDERAL LAW STATES THAT ELIGIBILITY EXTENDS TO DEPENDENTS OF A SERVICE CONNECTED DISABLED VETERAN WHO WAS RATED PERMANENTLY AND TOTALLY DISABLED FROM A SERVICE-CONNECTED DISABILITY AT DEATH. YOU CAN CHECK CHAMPVA'S WEBSITE FOR YOUR ELIGIBILITY AND APPLY FOR THIS BENEFIT IF YOU HAVE NOT ALREADY DONE SO. I have seen this in black and white because I checked on the eligibility of my mom who is the widow of a totally disabled veteran. She has other medical insurance through my late father's union and is scared to death of losing it so she won't apply. She also has kept her mouth shut to everybody that my dad received his 100% rating from V.A. just prior to his death. If she would apply she wouldn't have any more copays from Medicare. I can't remember but I think I remember reading something that you had to have Medicare part B to apply for CHAMPVA for life. I have seen a case on the website of the U.S. Court of Veterans Appeals where a widow tried to raise the issue of wrongful reduction in her husband's death on appeal and the court refused to hear the issue. I hope this doesn't happen to you. I hope you raised this issue of wrongful reduction with V.A. in writing before this decision, and if you didn't I hope you are permitted to raise it on appeal. I think somewhere in federal law there is a section and I can't remember if it may be 38 U.S.C. 5109A or 38 U.S.C. 5901A where it states that a claimant may raise an issue of clear and unmistakable error at any time. If they try to block you from raising this issue on appeal get your representative to help you file an appeal mentioning the wording of that law. If the decision is unfavorable on DIC and you didn't raise the issue of wrongful reduction in an appeal after your first denial or a subsequent denial, you may even have to file a new DIC claim mentioning it but don't do this without advise from your representative on whether your earlier claims are still valid. V.A. is really rotten on effective dates. A lot of times they go with the date of a reopened subsequent claim rather than the original claim if the claimant failed to file a notice of disagreement with the decision mentioning all issues. I suggest you try to find some ways to deal with the stress of waiting. You might try a walk or a trip to the lake on your time off from work. If the decision is favorable on DIC or section 1151, ask the representative about the effective date of benefits and if the decision gives you entitlement to CHAMPVA, chapter 35 educational benefits, and home loan certificate. Furthermore, last time I heard widows were eligible to apply for Social Security on their husband's Social Security at age 60. As far as I know, you can receive both Social Security and DIC at the same time without deduction. Keep this in mind as age 60 approaches. Let us know about the outcome.

Edited April 27, 2009 by deltaj

[Judy]

Berta, DeltaJ and Pete53,

Thank you all for posting.

I am praying for award under DIC as the VARO Rep told me both cases are "open" and it could be awarded under either one. He softly "hinted" on the phone that it might be DIC with EED to date of death... Oh God I pray for that to be the case, we'll see.

My age is 66 at present and I have always had Champus/TriCare as well as all military base priviledges. I know that 1151 award would prohibit me from educational benefits and VA homeloan.

I am not aware of any other ancillary benefits that I currently do not have. I have been drawing on Jim's social security since I turned 62, so that is already established.

That being said, I will DEFINITELY pursue the DIC if it comes in as an 1151 award. If I'm right now,

I was right THEN, right?

I will also file the appeal stating the case for the wrongful reduction (to show evidence for the DIC, I will get another IMO (if I have to) and I will seek an attorney for FTCA and/or CUE. I will never give up, no matter the cost.

I should know more tomorrow after I speak the the VARO Rep and see what he has to say....

Pray for me.

Thanks to all,

Judy

[Berta]

Tricare-I obviously missed that before-

CHAMPVA and CHap 35 depend on 100% SC P & T rating whether vet is alive or dead.

Only if the DIC claim was filed within first year after his death-will VA award accrued DIC.

I assume you did file within that year.

Yes -you can NOD the 1151 award when that comes and then support a NOD for a direct SC award.

That is what I have done.But I didnt know when the Sec 1151 award came what my husband really died from.I didnt NOD it and had to re-open the DIC claim.

I will get no accrued- I will get the 5 or 6 figure FTCA cash offset per the BVA when I succeed.It is stated in their remand And other monetary stuff and Home Loan thing- forget what and I believe they must give me and my daughter a better Chap 35 delimiting date when they award direct SC death.

In 2003 I discovered Rod had DMII from AO and this is what lent to his death due to 1151 complications.

I have 3 IMOs and just ordered one more.They all support my claims as well as significant medical evidence I sent them reminding them I must be a competent medical lay person because I already proved they caused his death.(FTCA settlement and Sec 1151 awards)

A widow as well as a veteran can and should raise any potential reason at all for service connection.They should raise as many reasons as they can as soon as they file a claim.

Edited April 26, 2009 by Berta

[Judy]

Yes I did file it right after death. DOD was August 1990 and original DIC claim was filed September 1990... no problem there.

If it is awarded 1151 then I will NOD it and seek to prove the SC and obtain the EED for DIC. I will also prove the wrongful reduction in rating that occured from 1970 through 1982 and thereby try to gain the increased rating for those years as well.

I am going to search to see if I can indeed open FTCA and CUE. I believe there may be evidence for doing so but I'm not positive yet. Wish I knew more but I have learned a good bit so far.

Perseverance is a must. Researching regs is tatamount. We must strive to win that which has been wrongfully denied and its a lot of work and waiting. We must keep on going though.

Berta, have you used Dr. Bash for ALL the IMO's you have obtained?

thanks,

Judy