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]

I can't believe I FOUND it!

Here is the Appeal remanded and I don't know how to find the final one from Houston RO; the second denial.

http://www.va.gov/vetapp92/files1/9208731.txt

Does this make any sense to you? It doesn't to me, thats for sure.

What do you think after reading this? I am seriously looking for some advice from some of you who are so knowledgable about these things.

Thanks to all,

Judy

[Judy]

I wanted to add a post here to say that I have FOUND all my old records!

I thought I had thrown them out in my last move but I found them today and I have every single document that was ever sent BY me or TO me regarding my 17 year old claim.

Now that I have new information (clinical research studies and published opinions etc) do I need to enlist the assistance of Dr. Bash? Do I need an IMO before going to the DVA to request to reopen this case? Can someone advise me how to proceed and what to do? How can I contact Dr. Bash to ask for his help/assistance/advice?

A very big thank you to everyone for their time and help.

Judy

[Berta]

What resulted from this decision-did you get a SSOC and respond to it?

I forget a lot of what your DIC claim was based on-have you formally re-open it?

I suggest that you obtain an IMO . Dr. Bash can be reached via

http://www.veteransmedadvisor.com/

"If I reopen the DIC (which is truly justified by the new and material evidence) would I proceed with an 1151 claim at the same time? Or wait until the DIC is settled and then what"

I suggest you re-open the claim with any new and material evidence. Use the medical info you have but believe me- the VA might not even read it-

you need to establish the re-opened date-by re=opening the claim.

Contact Dr. BAsh ASAP -he will need the complete SMRs ,and the complete medical records of your husband.He also will need copy of death certificate and autopsy results if an autopsy was performed.

You can file the Section 1151 claim also and raise this issue with Dr. Bash when you contact him.

I dont believe the VA will go back to the date of his death for any retro DIC-they could go back to the date of the re-opened claim.

Since the last claim the VCAA went through -the VA will send you a letter te.lling you exactly what you need to succeed. It is highly likely they will ask you to obtain an IMO anyhow so best to take steps to do that now.

I think I might have said all this before -maybe in the previous posts here.

All the medical studies in the world-in the case of SC death- will not SC the veteran's death- only competent medical evidence will.

A good IMO will often include medical treatises or references to studies.

If a doctor does that the VA will then consider them.

Dr. Bash might want to see the medical info you have gotten on these studies-I dont know if he will need that or not.

The VA can easily say you have sent them as evidence "printouts from the internet" and then fail to read or address them in any way at all.

If a doctor uses info like this to support a death claim-this is a different story.

I have a topic here under the search feature- "Getting an Independent Medical Opinion"

Dr. Bash knows the whole 9 yards on this but if you obtain a different IMO doctor they might need to have a copy of this criteria.

The IMO doctor needs the clinical records- all of them- and the veteran's SMRs.

[Berta]

PS Judy-I believe Dr. BAsh will definitely need a copy of your BVA case you posted and any subsequent SOCs etc from the RO.

The BVA case states:

"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."

I feel the claim was presented wrong-

the issue of whether your husband's 100 SC disability could have contributed to his death is what the claim should have been for primarily with the Section 1151 issue raised as well but stated as separate claim under that basis.

Certainly it is medically possible that his SC Hogkin's disease had an affect to his cardiovascular system either via the meds or any radiation or even without that fact.

It also appears to me that maybe he should have been (or was) 100% SC for this condition for ten years prior to his death.

That fact-if supported by medical evidence is called Enhanced entitlement to DIC -the 10 year rule and DIC could be awarded regardless of what he died of if he had-or should have had SC at 100% in effect for ten years prior to his death.

For example- I raised both direct service connection of my husband's death in three distinct and separate ways this could be awarded as well as separate Section 1151 for cause of death due to malpractice.

I won the Sec 1151 in 1998-the other claims are presntly with a DRO.

Any claimant should raise any potential reason whatsoever that would cause the VA to SC their disability or spouses death- they can raise any scenario at all.

I have seen some odd ones-

one of them was a widow who killed her husband in self defense and when she got out of prison the VA awarded DIC.

The VA held that the veteran's SC PTSD had caused him to be so violent towards her that when she killed him in self defense,it was his PTSD that had caused his death -by spouse.

Another one- as I said I raised three ways the VA could directly SC my husband's death-

Dr Bash's IMOs (I have 2 from him) support direct death due to Agent Orange DMII.

Another way if the VA failed to ever address the PTSD component of Rods Section 1151 claim that I re-opened as to the issue of his malpracticed PTSD.

Also the fact that Rods PTSD rendered him eligible for VA care put him into harm's way. The VA FTCA award and Sec 1151 award clearly show that the veteran's sole medical care that caused his death came from the very system whose medical care his SC PTSD provided to him.

So that is number 4 way but I was awarded on that one.

I feel there is chance of direct service connection here but an IMO should be obtained.

[Judy]

Hi Berta,

In Jim's case, he was 100% Perm by USAF upon retirement 05-1969. He then began drawing VA pension (not AF) at VA rating of 100% and later I applied for school benefits in 1970 at which time the school was denied AND the VA re-rated him down to 30%. He switched back to AF retirement pay and then there were recurrences of the SC disease....during one of them (1982) the rep convinced him to switch back to VA compensation, assuring him it would be 100% and not ever be reduced again. He was extremely reluctant to do so but in the end he did go back to VA compensation and so it is stated that he was 100% disabled by the VA from June 1982 until the date of death Aug. 1990.

By my calculations that is only 8 years (the ten year rule was in effect at that time I believe) and so I now wonder if we have to try to prove (can we?) that the reduction in the VA rating during 1971 was in "error"? Can we prove that since they re rated him at 100% again in 1982?

Does this seem plausible and would it make the DIC a sure thing if that ruling were reversed? Does the 8 year rule apply in my case or only the 10 year rule?

Regarding Sec 1151 material; In Dec 1989 his triglycerides were 266 and Cholesterol 299 and it was noted that he had previously received 4,000 Rads of radiation. He was placed on Accutane at that time and a Baylor Sleep Lab evaluation was scheduled for March 1-2 of 1990. The Baylor report mentions the Accutane being taken daily and it shows evidence of plaque obstructing blood flow, most notably of all, irregular sinus rhythm, Tachycardia/Bradycardia, with frequent Pac"s and PVC's noted. The Baylor findings "recommend that this patient should have a cardiac evaluation because of their findings (March - May 1990). This report was delivered to VA Hospital and NOT to the patient. Now in April 1990 patient complains to VA doctor of chest discomfort and a prescription was issued for Isosorbide, also triglycerides and cholesterol were again noted to be too high. Next, June 1990 patients Triglycerides count was up to 568 and it was noted that he had been on Accutane 6 months now (and that this might be the cause its too high); VA doctor orders patient to "continue the Accutane". Now on August 1, 1990 it was noted that the dosage of Accutane would be reduced at this time.

August 8, 1990 the patient died and County ME without autopsy wrote COD: "Arterialsclerotic Heart Disease" on death certificate. Is this 1151 type claim?

Regarding CUE; can anyone tell me where to find a list of DC (codes)? Any Reg code or VA law come to mind for anybody in a case like this? I believe clear and unmistakeable error existed since he was complaining of chest pains and they were not doing anything to "assist" him in getting a cardiac evaluation to diagnose and treat the heart problem (EVEN after the Baylor report recommended it based on their medical evidence/findings). All of this evidence was in the original claim/file for DIC.

ANy comments from those who know these ropes is greatly appreciated. I don't know what I would do without the help of the wonderful people on this forum.

I have been stymied or stuck in this for years as you can see.

Does one file DIC reopen, Sec 1151 AND Cue all at once? OR in a certain order (pending what?)... please help me to understand my route to take.

I gather that the time ran out long ago for FTCA claim (?).

Does anyone know of a case similar/likened to mine?

Thanks,

Judy

[Berta]

The ten year rule is within 38 USC 1318 as well as all of the other entitlement rules for DIC.

All of the DIC regs are within 38 CFR and we have a link to them at hadit under the search feature.

Only a medical professional can determine whether this is case of Sec 1151 death or direct service connected death.

"so it is stated that he was 100% disabled by the VA from June 1982 until the date of death Aug. 1990" is this in an award letter from VA?

Does it say service connected or non-service connected?

When they dropped him to 30% did he appeal that?

Perhaps if not that could possibly be CUE potential.HArd to say-

The DC codes are within 38 CFR also.

"Does this seem plausible and would it make the DIC a sure thing if that ruling were reversed? Does the 8 year rule apply in my case or only the 10 year rule?"

The only thing that assures DIC as a "sure thing" is either falling into the DIC 1318 criterias or by medical evidence that his service connected disability caused or contributed to his death.

I suggest you get a good vet rep -and

You might think about purchasing the VBM by NVLSP. It is 130 dollars and has extensive information on DIC, 1318 entitlement, CUE claims and direct service connection.I am not allowed to scan and post page after page of it. NVLSP gives me permission to quote parts of it.

I dont think in 1998 I could have gotten DIC without the VBM. My DAV NSO didnt have a clue.

It looks to me that there is the basis for a Section DIC award but this is just based on a few things you posted here.

Please dont do what I did and go up against many VA doctors without an IMO-

I did prove they failed to treat Rods heart disease and I proved many medical errors and malpractice in addition to that-which caused his death-and won FTCA and 1151

but I also had to study medicine and cardiology to do that and at the same time raise my daughter alone and take care of a 50 acre livestock farm.

If I knew of Dr. Bash then-I would have gotten an IMO from him right away.

Has he called you back?