ptsd Ptsd Denial

[sjh4951]

My late husband suffered from PTSD since 1991...probably longer but the S*** hit the fan then. He was on social security disability from then until he died in 2006. He filed a claim with the VA but his combat action ribbon was not on his 214. It took a year to get it but by then he was terminal and bedridden with cancer. After he died I submitted the amended dd215 for accrued benefits. Was denied. Anyone know why? Any suggestions? Sure could use the help. VSO is worthless.

Thanks!

[sjh4951]

Hi Berta,

I'm still out here trying to get this PTSD thing in order.

Did you ever have a second to find the posts from "Emily"?

I couldn't find anything doing a search.

I've got the SSA records(which are just medical records from 1991 throu 1992) and an award letter but it doesn't state the reason my late husband was receiving disability.

My case is in appeals and I'm sure that if I don't take it upon myself to send the board the ssa records they will remand my case and ask the regional office to get them. I am just trying to think ahead to avoid dragging my case out any longer than necessary.

Sure could use some advise and help.

Thanks,

Susan

[Berta]

No-I have not ben able to find her case-

but I remember it well-

Her husband had no SC in his lifetime.

She applied for DIC and was denied but continued the claim.

She was finally awarded DIC about 2 years ago.

Her husband died of heart disease. Nothing in his SMRs and no VA medical care. Apparently he also had been a paramedic but never went to doctors for anything.

She proved-with an independent medical opinon from an expert that her husband ,who had contracted syphilis while in the military (documented in his SMRs) had developed, due to the syphilis- heart disease that was fatal.

I wish I could find the case-

The VA awarded her DIC.

In a DIC claim like yours- you would have to prove your husband should have been rated 100% P & T in his lifetime for Service connected disability for ten years.

With only 2 years of SSA for PTSD that will be difficult to do.

It might be easier to obtain an IMO to state that his PTSD contributed to the conditions of death as found on his death certificate.

PTSD has been found to have contributed to heart disease by VA when the spouse had a strong Independent Medical Opinion.I dont know if the VA has ever SCed PTSD to any other type of cause of death.

"When I got my denial for the DIC(esophageal cancer-no mention of the PTSD) it showed as evidence the DD215. In March of 2007 I appealed everything..the VA stated there was no claim in their system for ptsd. On April 11, 2007 I received a denial for PTSD..their reasons and bases were:

. A claim for posttraumatic stress disorder ws received August 10, 2005. (Original date of filing was July 2004) The claim was subsequently denied and the Veteran was notified of that decision by a letter dated August 26, 2005.(quick, huh?) The claim was denied becasue there was no evidence of record of a verified stressful event that was linked to a confirmed diagnosis of posttraumatic stress disorder"

It seems they did not find any confirmed PTSD diagnosis.???? Did he have treatment records from a VA shrink? and did he take meds for PTSD?

Were these records from a Private doctor?

SSA based the PTSD award on something-some concrete diagnosis.

Did you claim direct SC death due to esophagal cancer?

I assume he was incountry Vietnam veteran-

and that this cancer was listed on his death certificate as cause of death?

Was this cancer in any way a soft tissue sarcoma?

Is there any way at all the medical records can make it fit into the AO criteria?

[Berta]

I assume this cancer was listed as the cause of his death on the death certificate. Was an autopsy done?

What I meant by fitting his cancer into the AO criteria is this-

his medical records have to be carefully studied. This is when a good IMO doctor can help- unfortunately many of those doctors are expensive- however -this is something you can certainly do your self-

Look for whether his esophagal cancer was metasisized from either tracheal cancer or larynx cancer-

doctors dont always tell patients and their spouses all of the details.I lost a vet husband prior to my Vietnam vet husband to a brain tumor.

I found that the docs only told me-at first- a basic synopsis of his condition. They were more thrilled with discussing the brain surgery they performed- successful but the PT died-but after I started to study his medical condition, then they provided me with much more detailed answers to my questions.I had to study a lot of medical brain stuff to even be able to ask some of the questions-

My point is -

It is possible that in your husband's med recs this condition stemmed from (metasizied from) another form of cancer-Trachae and larnyx cancer ARE on the AO list.If the esophagal cancer metasized (began ) due to one of those cancers than the VA would have the link to direct Service Connection.It is possible that the doctor's didnt stress this point.But also possible that his cancer did not metasize.

Also-there are at least 34 terms of soft tissue sarcomas that VA service connects due to Agent Orange Exposure.

I know that list is here under a search-

it would be good to go through the med recs not only to see if trachae or larynx cancer presented itself before the esophagal diagnosis but also to see if any of the STS cancer terms appear in the med recs at all.

A friend of mine was denied inclusion into one of the AO lawsuits some years ago until I wrote a letter to the lawyer (Smoger lawsuit)with reference to his med recs that showed he had STS AO cancer.

His VA award letter was for Sec 1151 so the lawyer didnt realise he had AO sarcoma cancer and his med recs said NHL but I proved to the lawyer this also is lymphosarcoma ,an AO STS cancer.

I know there is legislation being proposed for additional AO cancers but it doesnt pay to depend on that.

The med recs might reveal what you need to succeed in this claim.

But this is one good reason why IMO doctors are worth what they charge.

Yet they do not always come up with medical evidence that strongly supports a claim.

Edited December 7, 2008 by Berta

[sjh4951]

Hi Berta,

My husband was on SSA for 18 years! I have an award letter to prove it but there is no diagnoses on it. I also have his medical records from social security.

I just posted today on this site somewhere as to what the VA is doing to me now regarding the ptsd. My husband had a confirmed diagnoses of PTSD AND the VA recognizes that but his amended dd214 was not in his file when he died. It was sitting here on a table near his bed as he liked to look at it...he was bedridden from the cancer. It did not come in the mail until March 06 and he died May 06. I sent it to the VA in July o6 but they said it was moot because my husband was dead and it had to be in his file before he died. Someone at the regional office changed my claim from accrued ptsd to pension and I don't qualify for that.

I don't know what to do anymore with all the screwing around in Columbia.

The esophageal cancer is another story altogether and I'm going to try to get a letter from the gastro doctor that sites studies so maybe that will help.

Will you read my other post about the pension thing and let me know what you think????

Thanks!!

In a DIC claim like yours- you would have to prove your husband should have been rated 100% P & T in his lifetime for Service connected disability for ten years.

With only 2 years of SSA for PTSD that will be difficult to do.

It might be easier to obtain an IMO to state that his PTSD contributed to the conditions of death as found on his death certificate.

PTSD has been found to have contributed to heart disease by VA when the spouse had a strong Independent Medical Opinion.I dont know if the VA has ever SCed PTSD to any other type of cause of death.

"When I got my denial for the DIC(esophageal cancer-no mention of the PTSD) it showed as evidence the DD215. In March of 2007 I appealed everything..the VA stated there was no claim in their system for ptsd. On April 11, 2007 I received a denial for PTSD..their reasons and bases were:

. A claim for posttraumatic stress disorder ws received August 10, 2005. (Original date of filing was July 2004) The claim was subsequently denied and the Veteran was notified of that decision by a letter dated August 26, 2005.(quick, huh?) The claim was denied becasue there was no evidence of record of a verified stressful event that was linked to a confirmed diagnosis of posttraumatic stress disorder"

It seems they did not find any confirmed PTSD diagnosis.???? Did he have treatment records from a VA shrink? and did he take meds for PTSD?

Were these records from a Private doctor?

SSA based the PTSD award on something-some concrete diagnosis.

Did you claim direct SC death due to esophagal cancer?

I assume he was incountry Vietnam veteran-

and that this cancer was listed on his death certificate as cause of death?

Was this cancer in any way a soft tissue sarcoma?

Is there any way at all the medical records can make it fit into the AO criteria?