ptsd Wallin V. West

[Berta]

I raised Wallin V West in my present claim.The post regarding HUPP made me think of this case-because widows most often have quite a hard time going through the claims process-unless the claim is obvious DIC award.

The widow in this decision also used the same approach:

http://www.va.gov/vetapp08/files1/0806865.txt

“Specifically,

the physician reviewed the veteran's records and the medical

literature and provided a clear, detailed rationale for his

conclusion that the veteran's PTSD caused or aggravated the

heart disease. Bloom v. West, 12 Vet. App. 185, 187 (1999).

Furthermore, as noted above, the medical literature provides

significant documentation of a link between the veteran's

longstanding PTSD and his fatal heart disease. Therefore,

the evidence has demonstrated that his PTSD materially

contributed to the arteriosclerotic cardiovascular disease

that caused his death. Accordingly, service connection for

the cause of the veteran's death is granted.”

Along with the Independent medical opinion, the widow cited numerous references herself.

I did this too but Dr. Bash used some different citations in my IMos-

But did not question mine- and I submitted them in addition to his IMOs.

I see that many widows claims even in spite of having IMos to support direct SC death-still seem to need to raise to a burden of proof higher than normal.

This is totally unfair and it means that unless the veteran’s death caused obvious direct SC death eligibility,in most cases the widow will definitiely need an IMO.

I cannot stress it enough- an autopsy should always be done.

The death certificate could reveal one cause of death but the autopsy could reveal more contributing factors for death.

I am glad I did a lot of research for my claim because it helped me undertand how significant Wallin V. West is.

Say a vet is trying to get heart disease as secondary to his PTSD-

He could potentially get a good IMO that would include some good treatises citations.

But along with that it is better if the vet can submit some themselves additionally.

A Treatise or medical abstract can become relevant if it can be associated with the clincial record.

I dont know what kind of medical opinion my claim just got recently from the VA but I was heartened to learn that the Opining examiner told someone that I had submitted a lot of evidence.I found this out when I realised I had even more evidence to send in but am holding back on it-to see what this review entailed.

Almost 6 years and finally someone at VA actually read my evidence.

(that is I think they did)

[john999]

Berta

You should write a book on DIC and the problems widows have with the VA. I know my wife could not handle the stress you have gone through on her own. I just want to live long enough so that it is a slam/dunk for her.

John

[Jack]

John what is a slam dunk, I am more than seventeen years at 70 percent and tdiu. I have read almost all of the other threads and it is still a mystery for me if I should pass away before my wife? Would she be eligible for DIC? Are there any steps I can take to insure this?

Jack

[john999]

Jack

Your wife's claim for DIC would be a slam/dunk because you have been TDIU for over ten years. You either have to be 100%(TDIU) for ten years or die from a service connected condition.

[Jack]

John and Berta: and Others

Thank you for your very informative post I do enjoy reading the information you and the other

members have contributed to this forum.

Jack

[Berta]

John- good idea- I am working on something that could enhance the info we have now under the DIC topic.

Under Topic #70 there is a good overview of DIC-but the reality is -it can become very complex.

I just noticed some info there that is wrong.

If a veteran's death does not fall into the regular DIC formats ,the widow definitely needs a strong IMO.

Also I see many remands of widow's claim because the widow did not receive a proper VCAA letter.

The VCAA letter must be revelant to the Hupp decision.

In the BVA 2008 decisions- so far this year there have been 689 widow's claims, 405 remands of those 689 claims-

and only 64 widow's claims in 2008 that were not denied.

While not all of these claims from widows involved DIC-it shows that there appears to be only a one in ten chance of a widow succeeding at the BVA.

Although there are 4 ways to attain DIC ,unless the death was directly due to a service connected condition contributing or causing (per Death Certificate and/or autopsy)or under the ten year rule (or the 5 year rule)

or even under Section 1151, these claims still often need Strong medical evidence.

Widows are often treated like second class citizens by VA and even by Vet reps.

But if the VCAA leter is proper and the widow can give the VA exactly what evidence they ask fopr in it- the widow can succeed in getting DIC.

Edited November 24, 2008 by Berta