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,

Thank you for spelling this out for me in such elementary terms.

Regarding Rep; I only had American Legion back in the beginning and I don't feel that I was well assisted or represented. Should I get a rep now (would that be considered "changing" POA?); I'm thinking of going to a DAV rep at this point.

It seems as though I should get an appointment with a rep, lay this all out and get his assistance in filing DIC and 1151 at this time.

Again, I truly appreciate your willingness to share your expertise and opinions.

Thanks,

Judy

[Berta]

I sure didnt mean for you to leave us here -Judy-just to get a good rep who can see what you have in person and maybe they would have a different take on it all- a better one than I have.

You have a lot of issues and the rep might see things in the meds rec and SMRs (as well as Dr. BAsh can) that we in hyperspace cant see here at hadit.

[Judy]

Gotcha' Berta!

I am buried in these files (especially since I found ALL of them and Thank God for that!) to analyze everything I can.

I sent today for a complete copy of "C" file; local VA told me it is in Kansas City archived so off went the Form 3288 to KC. I am anxious to see what all they "have" or "have not" should I say?

I was very specific in requesting everything they have; complete file.

I am reading and researching and I'm thinking that since they ignored the fact (or certainly didn't address it anyway) that the original medical files they had in front of them clearly indicated that

he was complaining of chest discomfort 6 months prior to his death; VA doctors did nothing towards addressing/evaluating for cardiac problem (only prescribed Isosorbide & sent him home); the Board made no mention of this and failed to apply appropriate consideration which was in medical evidence at the time. Isn't that CUE?

I'm working and you sure are a help. I'm going to begin writing my letter to reopen DIC for SC.

Berta, do I file a separate 1151 now too? How about the CUE? I believe it does exist. Yes, I need to go see the rep. Did you use DAV rep or other SO?

Judy

[Berta]

"Berta, do I file a separate 1151 now too? How about the CUE? I believe it does exist. Yes, I need to go see the rep. Did you use DAV rep or other SO"

The rep will advise you on all that Judy-he/she can determine what to file and how to state it.

I used the DAV and then I ended up sueing my DAV NSO-

As you might have read here I recently filed a 23 page complaint with the General COunsel of the VA against the subsequent POA I got- NYSDVA.

Widows often are not taken seriously by vet reps or many reps simply dont see many widows claim and dont understand them or they do not provide the widow adequate representation.

The reality is DIC claims are exactly like regular vet claims except the veteran is dead.

If you feel the rep you get is not prepared to help you- shop around for another one.

Your state might have good reps, and the VVA,AMVETS, DAV, AL etc etc -any of them should be able to help you- should be able to help you.

Have you obtained your husband's SMRs yet from NARA? If not tell the vet rep and he can do that-or just go to the NARA web site and order them.

Has Dr. BAsh called you back yet?

[Judy]

Thanks Berta,

I hand carried the Form 81 for SMR's to VAMC Houston a week ago (want to be sure I have everything THEY have & vice-versa); yesterday I mailed the Form 3288 for "C" file to include any/all Military and additional medical records in service. Houston VA told me they are no longer here but are archived in Kansas City so I sent direct to them as that is faster they said.

I pray that I find a good rep as I know that is tatamount.

No, I haven't heard from Dr. Bash yet, wondering why at this point.

Judy

[Judy]

Does anyone know if it is normal for Dr. Bash to take a week or more to reply after you request a consult via his website? I still haven't heard from him and was just wondering.

Judy