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'

[Berta]

That is GREAT news Judy!

I love Dr. Bash- and he will do all he can to help you.

There are no miracules that IMO doctors can perform- but they do thoroughly read the medical records -unlike VA- and Dr. Bash knows VA case law and can shape his IMOs into the exact criteria the VA needs.

I am glad the AL is helping you too.

By getting this IMO early on in the re-opening- this might not take years-maybe just months.

The VA-in order to comply with the VCAA- often has to suggest that the widow obtain an IMO in the VCAA letter.

You are doing in my opinion what the VA would direct you to do anyhow-

and you are ahead of the game.

[Judy]

Pete,

I think it will require being optimistic (not dillusionary though) upfront as it seems most people are having a long and sometimes hard struggle on this road. I know that it is a difficult one and my case is very old. I'm just glad that after hearing the facts, those who are more knowledgeable than I am, seem to be of the opinion that we have winnable claims here. That alone is encouraging to me after so many years of battling them and being denied.

We'll see what happens over time.

Thanks again,

Judy

[Judy]

Berta,

Thanks to YOU, I am getting the IMO's (2 of them) upfront. I would never have known the first thing about doing this had it not been for your help.

If I had known 17 years ago 1/2 of what you have discussed here and told me, then I might not be here now as this could possibly have been settled many years back. But that's neither here nor there Berta, I am on the way to taking care of all that I possibly can at this date and whatever I can do, I will do, with the help of Dr. Bash. He was SO optimistic in both my DIC SC and also the 1151. He agreed with me that I may also have a CUE (so did the AL rep) but of course we won't know that until I receive the C file.

Dr. Bash told me that if I would have requested the C file stating that "IMO doctor needs these immediately for his review" then they would have HAD to send the file out within 48 hours; of course I didn't know that. Does anybody know if I can correct that? Can I call (Kansas City archived records) and "add" that to my request to speed up the receipt of the C file?

Thanks to all,

Judy

[Judy]

Well, I met with the SO rep last Monday morning and he reopened the DIC claim as well as opened an original Sec 1151. He said to be as brief as possible in order to keep the element of surprise on our side so that is what he did; just stated "new and material evidence" and "IMO" to be submitted on the DIC claim and then stated that evidence was in hand to support the Sec 1151 claim as well. He said the more you tell them what you know the more they start immediately to build THEIR case against you.

Of course I'm still waiting for the "C" file from Kansas City to determine CUE but I am almost quite certain that I have up to 3 CUE cases, time will tell.

I have now put all medical files and VA files in order and am ready to send them to Dr. Bash tomorrow for him to begin working on the two IMO's that he is going to do for me (1 for DIC and another for 1151) as he agrees that we have both cases going for us.

I will get these off to him and wait for his IMO's.

The SO told me that this case will go to the Texas Vet's Commission and we will have a hearing at the RO level (never had a hearing before at ANY level--which he said is a CUE, right there).

ALSO, IF I can prove that the VA lowered his rating 12 months after the original 100% rating (by them) (due to spouse(me) applying for education benefits) then WOULD I be able to go for EED and try to get that 1970 decision reversed? (Original 100% by VA was awarded immediately after leaving service in 1969 and 12 mos later rerated to 30% (who ever heard of Cancer patient judged that much improved in 1 yr?). IF SO, then that would make the 10+ year in effect at the time of death, as he was rerated again by VA in 1982 as 100% and stayed that way until his death in 1990 (making it ONLY 8 years at TOD). THAT was a major issue when the NON-SC cause of death issue came into play. Of course if we can create a Nexus via the IMO then that wouldn't be necessary to win the DIC. HOWEVER, it WOULD change the past record and I'm wondering IF they would owe $$ due to the 12 year period (1970 - 1982 when the rerate to 100% occured) of reduced payments by the USAF and not the VA? Just a question; Berta, you might know the answer to that one.

I am working on the letter to Dr. Bash to accompany this HUGE file of records; about 4+ inches thick but he said send ALL the records so I am.

Judy

[Judy]

Berta,

I have been reviewing some of the previous posts to this forum and I am confused!

I read where you wrote " If you receive direct DIC due to his service now- a successful Section 1151 will not add anything to that benefit-"

and

"If a veteran dies due to VA health care- that is one thing - if the veterans death is also due to a service connected condition- that VA misdiagnosed or malpracticed on - that is a whole new ball game and vice versa"

Question: IF I get awarded the DIC SC, will a 1151 claim do me any good? Yes, no?

I understand that my case is TOO old to file FTCA but IF I have CUE's to file, then I can pursue those as well (as the DIC and/or 1151)?

Judy

[Berta]

I cant really comment on the CUEs-best for the SO to do that as he has all of the records-

What I meant is- a Direct Service connected death and 1151 DIC are different in many ways-

I get 1151 DIC with an FTCA offset-

I do not have home loan guaranty certificate as a spouse nor can I get CHAMPVA and CHapter 35 under that award and I got a minimal burial expense with no funeral expenses paid by VA.

(my husband's 100% P & T at death made me eligible for CHAMPVA and Chapter 35 educational benefits- the 1151 DIC award did not.)

My direct SC death claim is with a DRO now with 2 of Dr. Bash's IMOs and considerable other evidence in support.

The VA -upon proper direct SC death award will have to pay me the entire 5 figure offset back, also the funeral biils, also they have to pay me $8,000 that I paid for my education after my CHap 35 date ran out under the accrued award, also the REPS benefit,which equals 2 full years of SSA benefits that I lost as a widow with child under 18 years of age,when Rod died, and also ad additional year under Nehmer for the additional year accrued due to Rods death-they only paid me 2 years of his accrued at the time- Nehmer adds the rest fr an AO death.

I am glad you have a SO who seems willing to help you-

because you have many factors here to consider-very involved for members here to delve into all of the aspects-

Sec 1151 DIC and direct SC death DIC certainly have major differences and direct SC death is the best award to get.

There is no honor at all in a 1151 award based on death by VA.

In my case I finally figured it all up and added the difference-the VA upon receipt of a proper direct death DIC award -will owe me $106,299.

They do not pay double DIC-though- it just means you have a chance to get the most favorable award-

I suggest filing both claims because if the 1151 is awarded but then you can get evidence as I did for the direct SC award-years later- they will give you more benefits-

such as the Home Loan Guarantee Certificate, Chapter 35, CHAMPVA,

and REPS if you had received SSA on the vets record for a child under 18 after his death.

I will post what REPS is in separate post so it gets into the search feature.

I filed my AO claim for Peace with Honor and I thought the VA would owe me the funeral expenses and then I remembered the REPS benefit-I didnt pay much attention to the $$-I want Peace with Honor for my husband.

When I found recently that I would be dealing directly with the DRO however-I got out lots of paperwork and even a BVA decision I got in 1990 that said they would have to pay me the offset back if I succeed in direct SC death and I figured it out monetarily.

Also I will ask for a better Chapter 35 date for me and my daughter- as a AO death award would render the 100% P &T posthumous Chapter 35 award EED as moot.

They did pay many thoudands for my degree but I ended up paying 8,000 myself over last 3 years.Direct death DIC recoups that to me from VA.

These are things your vet rep has to consider- I am not at all sure what EED they will give you for DIC - date of the new DIC claim or date of the older one- or date of his date-

and of course the DIC-whaever type they award-will depend on Dr. BAsh's IMO and whether the VA will attempt to try to get an IMO against it-

Still- a Strong IMO from a real doc plus a lousy opinion from a VA doc equals Benefit of Doubt and the claimant is supposed to win their claim under the DTA regs.

Some vet reps and SOS do not want to deal with widows- even widows with real good claims- they act like we dont deserve the benefits.

VA says we are eligible for certain benefits so vet reps are supposed to give us the same equal treatment as any veteran they help.

Edited October 25, 2007 by Berta