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]

You fight the VA with evidence-

Use their regs against them-on the accrued claim. Don't know what this is?

Did you access Taylor CAVC decision I mentioned? Where can I find it?

Did the VA send you a VCAA letter compliant with Hupp? 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-maybe, don't know, never talk to him.

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.The VA says they recognize he does have ptsd but no stressor proved. Hence, the CAR would be accepted. This was in their own words. Bill's original GAF was 32 but went to 50 after years and years of treatment. Don't know what it was for the last 5 or so years of his life. I sure know it dropped when he was fighting the cancer. Pure hell when the hospital took him off all his ptsd meds. after his cancer surgery. He thought he was in Vietnam the whole time..had to be restrained, etc; Just hate sitting here remembering what he went through.

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 will read that today

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? No, they listed "evidentiary record" as evidence instead of DD215..(the 4/11/07 deanial even states "Claim received 07-25-2006)

ADJUDICATIVE ACTION:

07-25-2006 Claim received

11-22-2006 Claim considered based on all the evidence of record

11-22-2006 Claimant notified of decision

12-04-2006 Notice of Disagreement received

04-11-2007 De Novo Review performed based on all the evidence of record

The final line states: The additional evidence received does not justify a different decision.

NOW, THEY HAVE ALREADY STATED THAT THEY RECOGNIZE HE HAS PTSD AND THAT ONE OF THE FOLLOWING MEDALS WOULD BE ACCEPTED BECAUSE HE COULD NOT VERIFY HIS STRESSOR. THAT BEING THE COMBAT ACTION RIBBON WHICH THEY RECEIVED JULY 25, 2006. SO WHY THE CHANGE IN THEIR DECISION SAYING THEY WOULD ACCEPT THAT MEDAL??

BECAUSE I'M THE WIDOW???

Did you do that? NO, I NEVER SENT THE LOCAL OFFICE ANOTHER DAMN THING..I HAD APPEALED BY THE TIME I FINALLY RECEIVED THE PTSD DENIAL.

The "new and material;" evidence must have been im VA's possession on or before the date of death. The amended DD215 was not sent to them until July 2006, two months after he died..I based "in their possession" as departmental records that weren't physically in the file but were within the system." Bill told them over and over again that he was in combat, sent them unit diaries and heaven only knows what all but they insisted on having one of the listed medals and even with the help of our congressman it still took a year to get it. Time just ran out for my husband as it does for so many, many, other veterans.

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?THEY NEVER ASKED ME FOR ANOTHER THING CAUSE THEY KNEW I HAD APPEALED WHEN THEY SENT THE DENIAL WHICH WAS ONLY SENT TO ME BECAUSE I COMPLAINED TO WASHINGTON THAT THE LOCAL VA WAS IGNORING MY CLAIM.

I am trying to comprehend why the SO didnt want to get into the veteran's claim for potential accrued benefits. I can't tell you the answer to that...he just blew me off...he was more interested in the DIC esophageal cancer. He has never called me in the two years since I was in to see him. He did mail me a VACOLS Appeal paper with a quick note on the bottom where he had written..Susan, please file, I did not keep copy. I can tell you that I blame him for not helping me. He has cost me time, compensation, stress, and anger.

As I said before, I filed on form 21-534 (form 21-601 says do not use this form if you have used form21-534) for DIC with the help of my VSO. I added my two cents worth about the PTSD for accrued and enclosed the amended 215. 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. No claim for posttraumatic stress disorder was pending at the time of death. NOW LETS SEE...DENIED AUGUST 26, 2005, DIED MAY 30, 2006..IF I'M COUNTING CORRECTLY THAT IS NOT ONE YEAR FROM DATE OF DENIAL AND I KNOW HE HAD 12 MONTHS TO SUBMIT NEW EVIDENCE SO IN MY EYES THE CLAIM WAS STILL PENDING...RIGHT?

I think I already told you that I got a copy of the 'C' file. It was a total disaster. Duplicate pages, pages missing, all just stuffed out of order in a big box. Still can't make heads or tails of some of it because of the mess. Just one big exhausting stressful time trying to figure it out.

[Berta]

I am sorry you had to repeat yourself-here-I didnt understand where these claims were-

and I believe you have a pending claim for accrued and you have good evidence-

"THEY NEVER ASKED ME FOR ANOTHER THING CAUSE THEY KNEW I HAD APPEALED WHEN THEY SENT THE DENIAL WHICH WAS ONLY SENT TO ME BECAUSE I COMPLAINED TO WASHINGTON THAT THE LOCAL VA WAS IGNORING MY CLAIM."

GOOD FOR YOU! WHo in DC did you complain to?

"NO, I NEVER SENT THE LOCAL OFFICE ANOTHER DAMN THING..I HAD APPEALED BY THE TIME I FINALLY RECEIVED THE PTSD DENIAL."

and

"Yes, he was a Marine in Vietnam. He died from esophageal cancer. I have a claim for that too. Both are at the Board of Veterans Appeals. Which brings me to another question. The BVA has asked me to put "Waive Decision Review Officer" on all new evidence that I send? Anyone know what this means?"

It means if you waive the Decision Review Officer option then the BVA has jurisdiction over everything-

check me here everyone-I am assuming this is what they mean in this case----

The BVA has lawyers who know how to read, and they will certainly consider all of your evidence- it pays to make sure they have it all-

at the BVA web site is the BVAombudsman's email addy- the ombudsman can give a status from time to time.

I just hope they have enough to make a decision and not have to remand this all back to the VARO-

Please ask your Senators and Congressman/woman to support HR 6798-it is only sponsored in the House now and they need a Senator to sponsor it in the Senate-

I know the vet who pushed for this bill and hopefully, as we pass the word to all vets and widows on it- this would get all GI tract cancers on the AO presumptive list.

I think I explained already how esophagal cancer is not presumptive due to AO yet-

email from Colonel Dan and Kelley-

Kelley has done extensive work to get VA to recognize many cancers that they say are not due to AO-

-------------

"A big Thanks to Rep. Steve Kagen, WI-08-D for his work on veteran Issues. Now get your congressman on Board...

From: Sp5kelley2nd94th@aol.com [mailto:Sp5kelley2nd94th@aol.com]

Sent: Wednesday, August 06, 2008 10:06 AM

To: undisclosed-recipients:

Subject: Bill to Add Cancers of the GI Tract as Herbicide Associated. HR 6798

Bill to Add Cancers of the GI Tract as Herbicide Associated. HR 6798

Yes, that is correct see link below. I can only say it is about time.

http://www.2ndbattalion94thartillery.com/C...ractCancers.htm

Bill to Add Cancers of the GI Tract as Herbicide Associated.

YES YES YES YES YES YES………………………………………YES!!!!

I received e-mail this morning from Mr. Peter Holstein of Congressman Kagen’s Office of which I am just ecstatic that finally the money, time, and the research time I spent is paying off for all Vietnam Veterans and Widows. In spite of my personal set backs on my claim; I am just thrilled to get this e-mail this AM.

E-mail as follows:

"Mr. Kelley, this is Peter Holstein in Congressman Kagen’s office. I wanted to let you know that my boss has introduced a bill to add all cancer of the GI tract to the AO presumptive list. The bill number is H.R. 6798. Of course, this is by no means a full solution, but it’s a start.

As you know, I’ve been working on this since last year, and sitting in with you on your meeting with Mr. Filner was catalyst. Thank you for continuing to pass on information on AO.

Please keep in touch, and let me know if you think your community would be interested in helping us get other members of Congress to cosponsor H.R. 6798 (right now we have two, Mr. Baca and Mr. McDermott).

Thanks again and keep up the hard work.

Peter Holstein"

Peter D. Holstein

Congressional Aide

Rep. Steve Kagen, WI-08

1232 Longworth HOB

(202) 225-5665

The link is at: http://www.washingtonwatch.com/bills/show/110_HR_6798.html

On that link you can slide down to where it says read the bill. So far it is not posted there as of yet.

Now Mr. Holstein is asking for our help and we need to help him and Congressman Kagen as well as the two co-sponsors and ourselves and our widows.

Please please please call your DISTRICT congressperson and your two STATE senators and demand they support this HR 6798. In fact, I would ask them to sign on to co-sponsor the bill “as soon as possible” to support the Herbicide Veterans.

As you know the data has been there for some time without VA admitting the “increase in all site cancers is associated,” especially the GI tract. While this does not cover “quote ALL SITE CANCERS end quote”, it will cover GI Tract Cancers, which the GI tract is from the mouth to the anus.

Since it is going to committee it is imperative that you call all of the Congressional folks on the House Veterans Affairs Committee almost immediately.

As the cable guy says Let’s Git..er Done – NOW!

Show our support for this long overdue recognition of gastro cancers that are rampant in dioxin exposure victims and that must include "Herbicide Veterans."

Thank you so much for you help and please follow up on this as soon as you can with phone calls and letters.

This means all of you including spouses/widows/offspring and your separate Veterans Groups please you should also call in and send letters of support.

Thanks

Kelley "

end of email-

would your representatives possibly be interested in co sponsoring this? You are one of the very widows Kelley has in mind for this legislation.

We all need to support this bill-I am getting my letters to Sens Clinton/Schumer and Congressman Kuhl NY in mail Monday-there are other bills that we all need them to support as well.

Edited August 9, 2008 by Berta

[sjh4951]

I sent my appeal to Washington BVA along with a nice long letter telling them that the local VA had totally ignored my accrued benefit claim for PTSD. I now have a letter from the Social Security Office showing that Bill started receiving SSdisability in April of 1992 and continued to receive it until the month he died, all for PTSD. I read somewhere on the va website that in certain cases the va will work with social security to determine actual date illiness began but I don't think it applies except for DIC. The only other option would be to prove that Bill was ill for 10 years prior to his death in which case I might get DIC for that if the cancer compensation claim falls through. HOPE EVERYONE IS CONTACTING THEIR CONGRESSMEN AND SENATORS TO MAKE SURE THEY SUPPORT THIS BILL H.R. 6798!!

Yes, I know Kelly through e-mails. He sent me the breaking news of bill H.R. 6798. He has done many great things for veterans and I will never be able to thank him enough. I've mailed my congressmen, senators, family, and friends asking them to do the same. This bill needs to pass. Too many veterans are suffering and dying from GI cancers!

Mary Schubert, the widow who was present with Congressman Kagen is one of our ec group widows. She and a few others have won their cases for ec/herbicide. Congressman Kagen is suppose to meet with the press and television crew on Monday morning. This is in Wisconsin so doubt it will be heard here in South Carolina.

[tssnave]

SJH,

Welcome to hadit and please accept my condolences on the loss of your husband.

I have a question about what you wrote "The only other option would be to prove that Bill was ill for 10 years prior to his death in which case I might get DIC for that" - if a vet didn't actually apply for VA benefits but it is in his med records and VA C-file that he had a sc disability for well over the last 10 years, can you apply for DIC based on the evidence of record in the VA's possession that the vet actually had the sc illness for 10 years even if he didn't apply for disability benefits?

Thanks,

TS Snave

[sjh4951]

TS, I DID READ ON THE VA.GOV SITE THAT IF THE VET DIED AND HAD BEEN 100% DISABLED FOR ATLEAST 10 YEARS PRIOR THEN HIS SPOUSE CAN APPLY FOR DIC EVEN THO THE VETS DEATH WAS NOT RELATED TO SERVICE. BUT I AM PRETTY SURE THAT HE HAD TO HAVE BEEN ON VA COMPENSATION FOR THOSE 10 YEARS. MY HUSBAND WAS NOT ON VA DISABILITY BUT WAS ON SOCIAL SECURITY DISABILITY. I WAS HOPING THAT THOSE RECORDS THROUGH SSD WOULD BE ABLE TO PROVE THAT HE WAS, INDEED, SUFFEREING FROM PTSD FOR ALL THOSE YEARS. I WAS NOT SMART ENOUGH THEN TO KNOW THAT HE COULD ACTUALLY BE COMPENSATION FROM THE VA FOR HIS STRESS DISORDERS DUE TO VIETNAM.

SJH,

Welcome to hadit and please accept my condolences on the loss of your husband.

I have a question about what you wrote "The only other option would be to prove that Bill was ill for 10 years prior to his death in which case I might get DIC for that" - if a vet didn't actually apply for VA benefits but it is in his med records and VA C-file that he had a sc disability for well over the last 10 years, can you apply for DIC based on the evidence of record in the VA's possession that the vet actually had the sc illness for 10 years even if he didn't apply for disability benefits?

Thanks,

TS Snave

[Berta]

WOw- you are right on top of that bill I mentioned!

I commend you highly for what you and the widow's group is doing !

Kelley is a GREAT vets advocate-he was my guest for one of my radio shows and we are always in contact-

He prompted me Wednesday night in the SVR CHAT room to give credit on the air to this COngressman for this important bill.

"I now have a letter from the Social Security Office showing that Bill started receiving SSdisability in April of 1992 and continued to receive it until the month he died, all for PTSD. I read somewhere on the va website that in certain cases the va will work with social security to determine actual date illiness began but I don't think it applies except for DIC. The only other option would be to prove that Bill was ill for 10 years prior to his death in which case I might get DIC for that if the cancer compensation claim falls through. HOPE EVERYONE IS CONTACTING THEIR CONGRESSMEN AND SENATORS TO MAKE SURE THEY SUPPORT THIS BILL H.R. 6798!!"

Yes- we have a member here (Emily) and I am sure her old posts are available.

She fought them for years and got "enhanced" DIC-38 CFR 1318.as far as I recall- I will try to find those old posts.

She proved the veteran should have been 100% SC for 10 years prior to his death.

He had no claim pending when he died and she did not file for DIC or accrued for years after his death so they could not award her accrued nor the retro back to date of his death.

SSA for PTSD-

You are correct there too-

My husband had 30% SC for PTSD.

He had applied for higher rating.

SSA awarded him for PTSD.

When the VA finally awarded this claim-he was dead for 3 years-already.

they made a posthumous award to me and used the SSA date of unemployability as the EED.

The regs however prohibited me from 3 years retro-they only award 2 years retro accrued to widows-

BUT-if you succeed on the AO claim (and if I succeed on my AO claim) then the Nehmer COurt Order says we get ALL accrued.

AO surviving spouses get ALL AO accrued.

If they are dead by the time VA awards, then VA must send the money to their estates and next of kin.