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]

Yes, the vso did say that he would not help me with the PTSD...just waived his hand and said " You'll have to do that one on your own." He was a real ass about it.

The DD215 was acknowledged in the denial for esopahgeal cancer but the denial for PTSD just stated claimant had no pending claim at death which was not true. His last denial for PTSD was August 2005, he died May 2006, I filed July 2006 BUT because the VSO refused to handle the PTSD I just enclosed the amended 215, wrote a few notes on the form for DIC and sent it in.

Therein probably lies the mistake I made...wrong form but who was I to know.

I contacted the social security dept yesterday and asked for my late husbands records. They refused but did say they would send me a letter showing when his disablity payments started and ended. I also contacted his physc doctor who treated him in 1991 and 1992. Was told that all records had been destroyed and doc wouldn't write letter because he had no evidence to back it up....HIPPA Law?, they said. So that was another dead end.

Bottom line...Bill had a pending claim at death...I had one year to reopen it...I did...VA says I didn't. Don't know what to do at this point. Any help?

[sjh4951]

_{BREAKING NEWS!!!! CONGRESSMAN STEVE KAGEN (WI.) HAS SUBMITTED BILL H.R.6798 TO INCLUDE GASTROINTESTINAL CANCERS AS PRESUMPTIVE FOR ALL VIETNAM VETS/AGENT ORANGE. THIS INCLUDES PANCRCATIC CANCERS AND ALL CANCERS FROM THE MOUTH TO THE RECTUM.}

_{PLEASE CONTACT YOUR CONGRESSMEN AND SENATORS AND ASK THEM TO CO-SPONSOR THIS BILL!!!!!}

[Pete53]

That is good news and I will make Contact with my worthless Congressman

[Berta]

If his claim was denied and he appealed and the claim was in the appeal status when he died- you should be able to file a claim to re-open for accrued-as you said you did-

but his claim had to be "pending" at time of death.

Only a "pending" claim is a claim that is eligible for accrued benefits for any spouse survivor- maybe the rep thinks he didnt have a pending claim-

a non-pending claim is a denied claim that was never appealed during the appeal period.

[sjh4951]

It was pending...denied Aug. 2005 so he had until Aug 2006 but died in May 06. I then had a year. So, the VA is wrong in saying that he didn't have a pending claim but how do you fight the VA?

[Berta]

You fight the VA with evidence-

Use their regs against them-on the accrued claim.

Did you access Taylor CAVC decision I mentioned?

Did the VA send you a VCAA letter compliant with Hupp?

The VA is trying to deny my CUE claim by saying my husband died without a pending Sec 1151 claim.

I recently sent them detailed information and letters to and from VACO to show that he did file the claim, it was pending and went to rating board the morning he died (I had the name of the 800# rep, I used it ina deposition when I sued a vet rep, and he also had sent it to Jesse Brown, who was Secretary of the VA.

I even had an old Prodigy BBS where a lawyer there gave him info on the Gardner Moratoprium as we were both active online members of Prodigy Vtes BBS when he had filed his 1151 claim.

VA sends me DIC because I re-opened his 1151 claim-

I had to spell all of this out to them to prove he had a claim pending when he died-

in your case-I think Taylor V,. Nicholson will help you-

your SO might not have ever heard of Hupp or Taylor-

you will have to prove that he had a claim pending-yourself-

and as long as the accrued benefit claim was filed within one year after his death the VA will have to adjudicate the clim and award it, if the evidence is there.

You will also most likely have to provide more medical evidence to-for the accrued claim.

My accrued claim took three years and my DIC took 3 1/2 years.

During all that time I consistently found and sent to VA more evidence to support the awards.

http://search.vetapp.gov/search/

Here you will find Taylor V. Nicholson Docket 05-0625

And you can find Hupp V. Nicholson there too-

Also the VA fast letter dated January 29,2007 ,might impact on your accrued claim:

"A claim filed with VA that had not been finally adjudicated by the VA on or before the date of death.(defining a Pending claim)

The letter goes on to state (I am referring to page 525 of the 2007 VBM)and an not permitted to post all they wrote on this-

"new and material" evidence or a CUE claim, or a change in statute can re-open a deceased veteran's claim.

Did the VCAA letter tell you to send them any new evidence to re-open the veteran's claim?

Did you do that?

The "new and material;" evidence must have been im VA's possession on or before the date of death.

This is a fundamental part of any accrued or DIC claim.

For example- my husband's 1151 said he feared the VA had failed to diagnose and treat his PTSD properly, his CVAs and that maybe he even had heart disease that they misdiagnosed and he felt the VA would kill him.

He died 6 months later and I sent as "new and material" evidence-the death cert which said he had significant heart disease, and I also sent a copy of the wrong meds mailer he got days before he died.I also sent within a few weeks a med certificate that diagnosed Sinus infection and that I believed it had been a misdiagnosed heart attack as the autopsy had revealed prior heart attack.

I sent as "new and material" evidence that which was revealed in the veteran's medical records (in their possession)prior to his death.

Long story but my point is-did VA tell you in the VCAA letter to send in more evidence and were you able to do that?

I am trying to comprehend why the SO didnt want to get into the veteran's claim for potential accrued benefits.