ptsd No Nod...totally Screwed

[sjh4951]

Looks like my late husband never filed a NOD to his ptsd denial although he did submit new evidence within that time frame.

All this worry about the va not accepting the amended 214 and now I find it's the lack of NOD that got my claim for accrued screwed up. Bill had a rep for his claim...why did the vet rep not tell us that a NOD was needed???? How were WE suppose to know that a NOD was needed??

Not to mention the last denial stated that Bill had one year from that date to submit and now I'm being told that that was an administrative error and the date was actually 6 months prior to that. All this down the drain because proper procedure was not followed?? I'm so upset.......all those years he (and my children and I) suffered from ptsd and this is how it ends, all over because of one missing form? For all I know he did send it and it was shredded...regional is Columbia so who knows?

Anyone have any advise........I'm not ready to give in or up.

[sjh4951]

Thanks! I'm going to do just that. I did get one copy of the C file but it was a mess. Was talking to a rep in Washington about the VCAA Checklist for Claims that I found it the C file and told him that it was incorrect. He searched through his file (I'm in appeals) and did not have that copy..so regional (Columbia) did not send him all of the claims file either. You know, we are talking about lives here, and all this mess up in these offices is devastating to many people. Someone needs to be accountable. I have no idea how long this has been going on in Columbia(nobody does) but that is very well where my husbands NOD could have gone...into the shredder. I was not followng everything he sent to the VA and in some cases he didn't appear to keep copies..he had alot going at the time, surgery, chemo, radiation, and still trying to fight the VA. Guess I will never know what's really missing. I see where the VA is only sighting specific time frames that files were shredded but you know and I know that it could have started years ago. Columbia was one of the worst, too.

I will not give up!

Susan

[sjh4951]

sjh4951- your recent posting about your late husbands claim- having revealed more information still has at least two major pitfalls. However, with that said I will spend some time doing case studies to see if you have a possible claim. If you can, post the following info (if you want to):

1. When did you submit new and material evidence..his amended 214 to now show the combat action ribbon.

2. The date of the original claim.

3. The date in which the "VA stated that he did have a confirmed diagnoses of PTSD". Most likely the decision letter.

4. What is the evidence you have "(tons)" to show that he was disabled since 1991. Don't be specific, just stay medical documents, your statement or otherwise.

5. Look threw all communication from the VA and see if anywhere there is any mention of "deferred decision".

6. Also his dates of service.

Thanks..

1. I submitted the amended 214 in July of 2006. My husband died May 30, 2006.

2. The date of my husbands original claim was July 2004. First denial Feb 2005.

3. April 2007, stated in my denial for his ptsd (this was also the first correspondence I had for that claim which I submitted

July 2006. They told me he did not have a claim pending. I had already started my appeal in March 2007 because I could not get the VA to respond to any of my letters.

4. Medical, social security disability, doctors (non-VA) letters

5. I never saw that anywhere..just saw confirmed and continued.

6. fall 1967 to January 1969 USMC

HIs denials were all "PTSD due to childhood abuse" because he could not prove his stressor and didn't have the Combat Action Ribbon at that time.

When I filed my appeal I told the BVA that my regional office was totally ignoring my claim, this was in March of 07.

In April of 07 is when I got the denial stating "confirmed diagnoses of PTSD" but now denied because he had no claim pending at time of death.

[Berta]

I sure wonder if service reps really understand the accrued benefits claims of widows and how they have to re-open pending cliams.

I did an article years ago on all this that was in Stars and Stripes and have posted much infor here on DIC and accrued claims-but have bveen too under the wheather lately to prepare another topic specifically on this important issue-

It is all here already I am sure-

but unless reps and NSOs get with it-

widows claims will continually fall into the cracks.

My husband died wth 2 claims pending.

The morning of his death,when VA said they were at a rating board, he told me to definitely continue these claims if he died-and that happened a few hours later.

Sudden death syndrome due to undiagnosed untreated diabetes.(Basis of my present claim set for decision)

VA awarded 100% PTSD accrued and also Sec 1151 death (death by VA for other disabilities)

He had -as I recall- not been denied yet on eiher of those claims-one for higher PTSD rating and one under Sec 1151.

The DAV told me these claims died with the veteran- but I made sure the rep was aware that I knew I could re-open.

If I had listened to the DAV's first remarks , these claims would have been lost and as it was I received no help at all from the DAV.

If your husband had time left to file a NOD, in my opinion the claim was still pending at his death-a claim for a higher PTSD rating-as I understand this-

But only evidence of 100% PTSD P & T for ten years prior to death would grant the Sec 1318 DIC award to you.

Also the accrued benefit claim must be filed within on year after death- otherwise there is no claim for any potential accrued benefits.

"Bill had a rep for his claim...why did the vet rep not tell us that a NOD was needed???? How were WE suppose to know that a NOD was needed??"

I would ask the rep that- did you seek a reps assistance for the DIC claim?

You husband should have received formal notice to file a NOD within one year after the last denial decision?

It would be good idea to get a complete copy of his C file and check with his former rep to see if the VA really did give him his appellate rights.

"3. No, he died from cancer but did have ptsd for atleast 10 years prior to death although he did not file a claim for it

until 2004. I do have evidence (tons) to show that he was disabiled since 1991 due to ptsd service related."

My husband was declared totally disabled by SSA in 1991 for his PTSD.This was a year prior to his filing his PTSD upgrade claim.

His medical evidence from 1983 was highly significant to support this retro 100% award. VA gave him the same EED as SSA did- one year prior to his claim filing date as the evidence was so significant.He was a Combat Marine too but I am of the understanding the USMC did not award the CAR during much of the Vietnam War.Maybe the first half of it as he had a DD 215 as well.But no CAR.

I must have asked before if his cancer was of a STS type or anything on the AO cancer list.

Assuming that it wasnt- you will have a very difficult time proving his PTSD caused his death.

It will take a strong independent medical opinion- maybe even mre than one.

I too have a claim pending for PTSD as directly causing my husband's death.

There is no honor in a Section 1151 death-

But this is by far a weaker claim than the one I have set for decision now.That claim has 3 IMos although I could get an IMO for the PTSD to death claim too-

Still I know these types of claims are not impossible but very difficult to prove.My argument was that the veteran's PTSD care was provided by the VA employee psychologist since Rod was VA employee and he did not ever receive any PTSD meds until a few months before he died- after Congressional intervention got him to the real PTSD psychiatrist at the VA.Also- although he did well in PTSD group therapt settings (I met him when I was a VA vet center PTSD volunteer)

the local VA even denied him access to their PTSD Rap group- and I found out later that the requirement was 100% disability which he didnt have at that time but the group was mainly for NSC pension vets.

His own 1151 -filed at the same time I had to get our Congressman involved and supported by the VAMC directors notes I insisted he put into the record from a meeting we had- was due to Rods belief tha his PTSD was so inadequately treated by VA that he feared he might have heart disease and even his major CVA was due to malpractice and he ended his 1151 by stating he believed the VA would ultimately cause his death. He was right.Six month later he was dead due to malpractice.

But my point here is that my PTSD-death claim is based on the sole fact that Rods PTSD made him eligible for VA health care and in that way his PTSD directly lent to his death by putting him in Harms way.We must use- vets and widows alike- any potential scenario at all for service connection. It will be interesting to see how the VA handles that claim but I have a much stronger death claim pending for decision now-

In 2003 -after months of insistence from my daughter-I reluctantly filed a new claim- due to AO diabetes-undiagnosed and untreated as one of multiple medical errors (undefined in FTCA settlement award)that caused Rods death.

After reviewing his med recs and studying diabetes mellitus- there was no doubt that my daughter was right-he had diabetes- and 3 IMos agree (as well as even the former VA doc who kept knocking down my 1151 claim).

My long post here is to encourage you to see if there was any other medical way that could have caused a service connected death and any more evidence that you could provide to VA- dating back ten years prior to your husbands death that would support a 1318 DIC award?

Was the cancer he had -since I believe it was not a dioxin type-in any way potentially related to any chemical exposures in service?

What was the actual etiology they said for his cancer?

My present AO cliam is almost 6 years old and my other claims took over 3 years each- but I have even found incredible significant evidence recently for my claim- yet the opining VA doctor said I did supply a lot of evidence already-

Evidence can certainly be found- it takes time to fully understand the medical records and the SMRs-and then to research relentlessly for the nexus- and of course an Independent Medical Opinion can often be the only way VA will even consider the evidence properly.

Dont give up as there might be somethng you overlooked.Were there any psychiatric records in 1991?

Even though I proved malpractice -not an easy task- I DID overlook the true etiology of Rod's illness and demise. Anyone can miss alot-I had licked myself into the veteran's own words in his 1151 claim and the autopsy which proved his claim. I did not even consider AO diabetes at that time as the actual etiology of his death.

It was covered up in the med recs-(diabetes) but even a cover up has the symbols and terminology that have to document a cover up.After I realised my daughter has been right in assessing his symptoms and a few other med recs (she was linquist cryptologist for USAF and decifered some weird entries for me) I knew even before my IMO doc called me, that I had provided a valid claim for direct SC death.

You need to fully go over all the medical evidence again-to see if thre is any potential for a direct SC death based on his death certificate.

And also seek any more evidence possible to prove he should have been 100% P & T for PTSD prior to his death.

As a widow- I must tell you that the VA treats us as second class ctizens in many cases-not all-I could write a book on how deceptive tha VA was in withholding my evidence in every claim I had from the opining VA doctors.

But I told the VA OIG instead.

We widows have gotten enough of a bum rap from VA in many ways - and this has got to change.

Edited December 21, 2008 by Berta

[Berta]

"First denial Feb 2005"

But he did not file the NOD by Feb 2006?In his lifetime?

Gee I missed that- I dont feel you have the basis for a valid accrued claim.

Still -you should focus on the DIC claim. What appellate rights have they gven you?

I assume they sent you a VCAA letter that detailed exzactly what you would need for the DIC claim-

I apologise-my post was way off the mark-

If he had a year NOD time in his lifetime and did not file the NOD this claim is over as far as accrued benefits go.

I suggest that you try to obtain an IMO but to seek whatever was on th death certificate as somehow having a nexus to his service.

I would imagine many exposures in service could cause various types of cancers.

[sjh4951]

I sure wonder if service reps really understand the accrued benefits claims of widows and how they have to re-open pending cliams.

I did an article years ago on all this that was in Stars and Stripes and have posted much infor here on DIC and accrued claims-but have bveen too under the wheather lately to prepare another topic specifically on this important issue-

It is all here already I am sure-

but unless reps and NSOs get with it-

widows claims will continually fall into the cracks.

My husband died wth 2 claims pending.

The morning of his death,when VA said they were at a rating board, he told me to definitely continue these claims if he died-and that happened a few hours later.

Sudden death syndrome due to undiagnosed untreated diabetes.(Basis of my present claim set for decision)

VA awarded 100% PTSD accrued and also Sec 1151 death (death by VA for other disabilities)

He had -as I recall- not been denied yet on eiher of those claims-one for higher PTSD rating and one under Sec 1151.

The DAV told me these claims died with the veteran- but I made sure the rep was aware that I knew I could re-open.

If I had listened to the DAV's first remarks , these claims would have been lost and as it was I received no help at all from the DAV.

If your husband had time left to file a NOD, in my opinion the claim was still pending at his death-a claim for a higher PTSD rating-as I understand this-THE VA IS TELLING ME THAT HE HAD NO CLAIM PENDING WHEN HE DIED. THEY SAID THAT HIS LAST DENIAL, DATED AUG. 2006, WHICH STATED "YOU HAVE ONE YEAR FROM THE DATE OF THIS LETTER" WAS AN ADMINISTRATIVE ERROR AND HIS ACTUAL ONE YEAR WAS UP IN FEBRUARY OF 2006. THEY SAID THAT THAT BECAME FINAL BECAUSE HE NEVER FILED A NOD (AND I CAN'T FIND EVIDENCE THAT HE DID) ALTHOUGH HE DID SEND NEW EVIDENCE BEFORE THE FEBRUARY 2006 DATE..I'M TOLD THIS DOESN'T COUNT TOWARDS A NOD.

But only evidence of 100% PTSD P & T for ten years prior to death would grant the Sec 1318 DIC award to you. I HAVE MEDICAL RECORDS AS EVIDENCE PLUS THE AWARD LETTER FROM SOCIAL SECURITY DISABILITY WHICH HE WAS RECEIVING SINCE 1992 UNTIL HIS DEATH IN MAY OF 2006. ALSO ONE OF HIS CURRENT TREATING PSYCHIATRISTS STATED IN HIS LETTER TO THE VA THAT BILL HAD HAD PTSD FOR OVER A DECADE.

Also the accrued benefit claim must be filed within on year after death- otherwise there is no claim for any potential accrued benefits. I FILED 6 WEEKS AFTER HE DIED.

"Bill had a rep for his claim...why did the vet rep not tell us that a NOD was needed???? How were WE suppose to know that a NOD was needed??"

I would ask the rep that- did you seek a reps assistance for the DIC claim? THE REP HELPED WITH THE DIC BUT REFUSED TO HELP WITH THE PTSD ALTHOUGH HE NOW DENIES EVER DOING THAT.

You husband should have received formal notice to file a NOD within one year after the last denial decision? ALL HE RECEIVED WAS THE DENIAL STATING HE HAD ONE YEAR...HE WAS WORKING WITH A REP AT THAT TIME. SHE WAS SUPPOSED TO BE HELPING HIM WITH BOTH CLAIMS ALTHOUGH THE DENIAL SAYS THEY DON'T SHOW HE WAS WORKING WITH A REP. SHE IS NO LONGER AT THE AMERICAN LEGION BUT I'M SURE HER FILES ARE.

It would be good idea to get a complete copy of his C file and check with his former rep to see if the VA really did give him his appellate rights. I GOT THE "C" FILE. NOTHING IN THERE LIKE THAT. THE FILE WAS A DISASTER. WHEN I TALKED WITH A REP IN WASHINGTON, "WE WERE COMPARING NOTES SO TO SPEAK" I HAD A VCAA CHECKLIST FROM THE "C" FILE AND HE DID NOT, WHICH MEANS HE NEVER GOT COPIES OF THE COMPLETE FILE EITHER. NO TELLING WHAT IS ELSE IS MISSING.

"3. No, he died from cancer but did have ptsd for atleast 10 years prior to death although he did not file a claim for it

until 2004. I do have evidence (tons) to show that he was disabiled since 1991 due to ptsd service related."

My husband was declared totally disabled by SSA in 1991 for his PTSD.This was a year prior to his filing his PTSD upgrade claim.MY HUSBAND WAS DECLARED TOTALLY DISABLED BY SSA IN 1992 BUT DIDN'T FILE FOR BENEFITS UNTIL 2004. NOW KEEP IN MIND THAT HE HAD A GAF OF 34..WAS IN AND OUT OF "MENTAL HOSPITALS" HAD SHOCK TREATMENTS, WAS IN THE STATE HOSPITAL HERE, TOOK A TREMENDOUS AMOUNT OF MEDS, WAS ON SUISIDE WATCH NUMEROUS TIMES, WAS CATATONIC, TOOK TRIPS TO GET AWAY FROM THE PAIN OF VIETNAM...HE DID THIS UP UNTIL HIS DEATH FROM CANCER..WHICH WORSEND HIS PTSD THATS FOR SURE. THAT BEING SAID..."HOW WAS HE SUPPOSE TO BE IN THE FRAME OF MIND TO FILE FOR PTSD LET ALONE KEEP TRACK OF ALL THEIR RULES AND REGULATIONS CONCERNING THE PROPER PAPERWORK FOR CLAIMS.? I, PERSONALLY, NEVER EVEN REALIZED IN THE EARLY YEARS THAT THE VA WOULD COMPENSATE SOMEONE FOR PTSD....NEVER EVEN HEARD OF IT UNTIL HE GOT IT.

His medical evidence from 1983 was highly significant to support this retro 100% award. VA gave him the same EED as SSA did- one year prior to his claim filing date as the evidence was so significant.He was a Combat Marine too but I am of the understanding the USMC did not award the CAR during much of the Vietnam War.Maybe the first half of it as he had a DD 215 as well.But no CAR.NO, THE CAR ISSUE DATE BEGAN IN FEBRUARY 1969. MY HUSBAND WAS DISCHARGED IN JANUARY 1969. HOWEVER, AFTER TRYING SINCE THE BEGINNING OF 2004 TO GET THE COMBAT ACTION RIBBON..HE DID FINALLY GET IT ADDED AND THE AMENDED 215 (NOW 215) CAME IN THE MAIL IN LATE MARCH OR EARLY APRIL 2006. ATLEAST HE GOT TO KNOW THAT THE VA RECOGNIZED HE WAS IN COMBAT. HE SURE LIKED LOOKING AT THAT AMENDED 215 AND HE KEPT IT BESIDE HIM. FOR THAT I AM FOREVER THANKFUL.

I must have asked before if his cancer was of a STS type or anything on the AO cancer list.NO, NOT PRESUMPTIVE. ESOPHAGEAL CANCER IS IN THE INADEQUATE OR INSUFFICIENT TO MAKE A DECISION CATAGORY.

Assuming that it wasnt- you will have a very difficult time proving his PTSD caused his death.

It will take a strong independent medical opinion- maybe even mre than one. NO, PTSD DIRECTLY DID NOT CAUSE HIS DEATH..HIS CERTIFICATE STATES "MESTATIC ESOPHAGEAL ADENOCARCINOMA" BUT HAVING PTSD DID NOT HELP IN HIS TREATMENTS OF CANCER I CAN TELL YOU THAT.

I too have a claim pending for PTSD as directly causing my husband's death.

There is no honor in a Section 1151 death-

But this is by far a weaker claim than the one I have set for decision now.That claim has 3 IMos although I could get an IMO for the PTSD to death claim too-

Still I know these types of claims are not impossible but very difficult to prove.My argument was that the veteran's PTSD care was provided by the VA employee psychologist since Rod was VA employee and he did not ever receive any PTSD meds until a few months before he died- after Congressional intervention got him to the real PTSD psychiatrist at the VA.Also- although he did well in PTSD group therapt settings (I met him when I was a VA vet center PTSD volunteer)

the local VA even denied him access to their PTSD Rap group- and I found out later that the requirement was 100% disability which he didnt have at that time but the group was mainly for NSC pension vets.

His own 1151 -filed at the same time I had to get our Congressman involved and supported by the VAMC directors notes I insisted he put into the record from a meeting we had- was due to Rods belief tha his PTSD was so inadequately treated by VA that he feared he might have heart disease and even his major CVA was due to malpractice and he ended his 1151 by stating he believed the VA would ultimately cause his death. He was right.Six month later he was dead due to malpractice.

But my point here is that my PTSD-death claim is based on the sole fact that Rods PTSD made him eligible for VA health care and in that way his PTSD directly lent to his death by putting him in Harms way.We must use- vets and widows alike- any potential scenario at all for service connection. It will be interesting to see how the VA handles that claim but I have a much stronger death claim pending for decision now-

In 2003 -after months of insistence from my daughter-I reluctantly filed a new claim- due to AO diabetes-undiagnosed and untreated as one of multiple medical errors (undefined in FTCA settlement award)that caused Rods death.

After reviewing his med recs and studying diabetes mellitus- there was no doubt that my daughter was right-he had diabetes- and 3 IMos agree (as well as even the former VA doc who kept knocking down my 1151 claim).

My long post here is to encourage you to see if there was any other medical way that could have caused a service connected death and any more evidence that you could provide to VA- dating back ten years prior to your husbands death that would support a 1318 DIC award? DON'T KNOW...WILL CONTINUE TO RESEARCH.

Was the cancer he had -since I believe it was not a dioxin type-in any way potentially related to any chemical exposures in service?SEE ABOVE

What was the actual etiology they said for his cancer?SEE ABOVE

My present AO cliam is almost 6 years old and my other claims took over 3 years each- but I have even found incredible significant evidence recently for my claim- yet the opining VA doctor said I did supply a lot of evidence already-

Evidence can certainly be found- it takes time to fully understand the medical records and the SMRs-and then to research relentlessly for the nexus- and of course an Independent Medical Opinion can often be the only way VA will even consider the evidence properly.

Dont give up as there might be somethng you overlooked.Were there any psychiatric records in 1991?YES, FROM 1991 UP UNTIL SHORTLY BEFORE HIS DEATH IN 2006..VOLUMES. I ALSO HAVE THE MEDICAL RECORDS FROM SSA.

Even though I proved malpractice -not an easy task- I DID overlook the true etiology of Rod's illness and demise. Anyone can miss alot-I had licked myself into the veteran's own words in his 1151 claim and the autopsy which proved his claim. I did not even consider AO diabetes at that time as the actual etiology of his death.

It was covered up in the med recs-(diabetes) but even a cover up has the symbols and terminology that have to document a cover up.After I realised my daughter has been right in assessing his symptoms and a few other med recs (she was linquist cryptologist for USAF and decifered some weird entries for me) I knew even before my IMO doc called me, that I had provided a valid claim for direct SC death.

You need to fully go over all the medical evidence again-to see if thre is any potential for a direct SC death based on his death certificate.I CAN TELL YOU THAT I READ AN ARTICLE THAT SAID VETS WITH PTSD SEEK TREATMENT FOR CANCER LATER THAN VETS WITHOUT PTSD CAUSING THEM TO BE DIAGNOSED WITH LATER STAGE TUMORS THUS HAVING A POORER SURVIVAL RATE.

And also seek any more evidence possible to prove he should have been 100% P & T for PTSD prior to his death.

As a widow- I must tell you that the VA treats us as second class ctizens in many cases-not all-I could write a book on how deceptive tha VA was in withholding my evidence in every claim I had from the opining VA doctors.

But I told the VA OIG instead.I TOTALLY AGREE...I'M WITH ABOUT 15 OR SO WIDOWS WHOSE HUSBANDS ALL DIED FROM ESOPHAGEAL CANCER...CONGRESSMEN KAGEN OF WISCONSIN HELPED ONE OF THEM GET HER CLAIM APPROVED BUT HE WOULDN'T EVEN SPEAK TO THE REST OF US. BECAUSE OF BILL HR 6798 I HAVE CONTACTED MY CONGRESSMEN AND ASKED THEM TO SUPPORT THE BILL...ALL I RECEIVED WAS A GENERIC REPLY. THE BILL DOES STATE THAT GASTRIC CANCERS HAVE MET THE GUIDELINES FOR BEING PRESUMPTIVE WHATEVER THAT MEANS.

We widows have gotten enough of a bum rap from VA in many ways - and this has got to change.

[sjh4951]

"First denial Feb 2005"

But he did not file the NOD by Feb 2006?In his lifetime? NOT THAT I CAN FIND..NO ONE TOLD US TO, ALSO HE JUST KEPT SENDING IN NEW EVIDENCE. WHY DIDN'T THE VA TELL HIM THAT HE NEEDED A NOD?

Gee I missed that- I dont feel you have the basis for a valid accrued claim THERE MUST BE A LOOP-HOLE SOMEWHERE. HE WAS SENDING IN THINGS BUT, WITH NO HELP, DID THE BEST HE COULD..HIS REP FAILED HIM..THAT MUST MEAN SOMETHING TO THE VA. THE VA FAILED HIM BY NOT LISTING HIS CAR. HE TOLD THEM REPEATEDLY THAT HE WAS IN COMBAT..TRIED TO GET "UNIT DIARIES" BUT WAS DENIED THOSE WITH A STATEMENT SAYING"ALL EVIDENCE IS ON YOUR MILITARY DISCHARGE". HE WAS ALL OVER THE PLACE TRYING TO PROVE HIS CASE. THAT STRESS ONLY MORE LIKELY THAN NOT WORSENED HIS CANCER.

Still -you should focus on the DIC claim. What appellate rights have they gven you?

I assume they sent you a VCAA letter that detailed exzactly what you would need for the DIC claim-

I apologise-my post was way off the mark-NO HARM DONE..I JUST NEED TO PICK SOMEONE'S BRAINS UNTIL I GET THE ANSWER THAT I AM LOOKING FOR.

If he had a year NOD time in his lifetime and did not file the NOD this claim is over as far as accrued benefits go.I DON'T KNOW THIS TO BE A FACT...WILL CALL REP TOMORROW TO SEE IF HE HAS COPY MAYBE. STILL WONDER IF IT HID THE SHREDDED BIN. BILL WOULD HAVE KEPT ALL INFO ON HIS HARD DRIVE BUT I DON'T EVEN HAVE THAT ANYMORE AND NEVER THOUGHT AT THE TIME TO LOOK.

I suggest that you try to obtain an IMO but to seek whatever was on th death certificate as somehow having a nexus to his service.

I would imagine many exposures in service could cause various types of cancers.

SORRY BERTA..DIDN'T SEE YOUR LAST POST...I WAS ANSWERING YOUR PRVIOUS ONE.