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Akwidow Says Hellp


akwidow

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That was the day my vet hubby was diagnosed with cancer and that was the day I met the VA. Before that day the VA was just a name attached to the subject of his military history which started in Nam. Undoubtedly it was the worst day of my life, and the beginning of the end of his. We lost each other in this life with his death in January 2004.

In March 2004 I filed for DIC. As i was in deep mind clogging grief, my application was short, accusitory, and thinly stated.

I was denied in Aug 2004 I believe, and I appealed, because even in grief, I was a fighter and would not give up.

I was denied at the traveling board hearing in 2006. I thought this was the end of it so I tread water. I had no money for a lawyer, and the help I had from my service rep was very unprofessionally presented to me and gave me no hope. But somewhere in my two denials there was a mistake that was spotted by somebody more learned than me, and my service rep picked up my case and presented to US Vet Court of Appeals, where it was remanded because of that mistake.

I got this news in Oct 2007. I had 90 days they said, to gather additional information they said, to support my claim.

My beloved had been gone for 3 1/2 years by then, and my brain had cleared quite a bit.

So I set to work going over every piece of paper I/he had every gotten from the military, every piece of paper from private medical providers, and began to assemble the pattern of his life that lead to his death.

In his terminal state he was given 50% SC ptsd on 2003. He had applied for sc ptsd three times in his life and was denied the first two. He had applied for sc for asthma around 2000 and was denied..

Little did I know that two weeks before I was to send my supporting documentation in to DC for the last round that I would receive unsolicicited copies of letters that he had written to a college friend that described a jungle encounter with tear gas that put him in an oxygen tent for three days. This event gave credence to his application for SC for asthma, filed 30 years later.

Little did I know that when I shamed the VA for deserting and denying his needs in my 16 page single paged brief that I may have been asking for them to CUE themselves.

Did I?

In that last packet of information I sent in, was 170 pages of supporting documentation which included a chronoligically numbered document list of my proof, as well as the VA denials of care.

I pdf'd the proof. When I saw the articles of shredding, I sent them a CD of my records to be on the safe side, all return receipt of course.

I have applied for the last month of life reimbursement.

I am so glad I found this site...looking for information on AMC. I waited with anxiety to be approved for participation.

Now I guess I need to ask...lots of questions.

1. How do I send an IRIS message asking the status of my case?

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More looking around and I finally found out what IRIS is. I sent an email with my questions Thursday night. Already got a reply that they assigned me to an answering team. That means that a human looked at my email, right?

Thanks for the note, Tbird, and for allowing me to participate at hadit.com. My fingernails are getting tired from hanging on.

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  • HadIt.com Elder

We can help more in the Claims Research forum-

I am widow of Vietnam PTSD vet too and we have other widows here as well.

The AMC was ordered by the BVA, in Sept 2008-in my case- to address my medical evidence-it had been ignored for over 5 years at that point.

I just charged the AMC with destroying it-

they defied the remand last week and I raised Hell-

still- there is no reason to believe that this would happen to you at the AMC-

I sure hope not.

I do get DIC -this is a different type of claim I have at AMC-

I know that VA relies very heavily on the exact wording of the death certificate and ,after 3 years ,they also acknowledged a 6 page autopsy when they awarded my DIC.

Does the death certificate state a disability that you have medical evidence of- which was directly due to his service?

Did it state that asthma contributed to his death?

Was he autopsied?

Do you have the BVA Citation Number and Docket number (these are public cases posted at the VA website without personal ID information) so that we can read it?

Has the VA fully acknowledged all of your evidence yet?

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well, I hit a key again and lost the letter I was writing. I should have been composing in word.

It seems that VA has recognized my data at one time or another, they just felt it did not count. But somebody else thought otherwise (Service Org) and I ended at USVCA with a remand.

Listed below are the links. Yes ptsd was listed as a secondary cause of death on DC, no autopsy. Asthma came up when I found the application for SC made in 2000 that I had no idea he had made. Part of the additional data I sent VA in 2007 was copies of letters he sent from in country VN, telling about a terrible experience he had with tear gas, where he ended up in an oxygen tank for three days after. tear gas can cause asthma to get worse. I got this letter almost 40 years after he had written it, and had never heard the story. It was like a note from the grave.

They have not addressed individually the additional 170 pages I sent them which include the VN etters and the ARMY data on tear gas I got from the internet. When I saw the shredder article I send them a cd with all the documents in pdf format as CYA. That was December 2008. BTW, VA will not send me his incountry medical records.... at least 4 direct requests over the years.

I made a spreadsheet data compilation of all the medical I had from 1970 to 2003 and sent them a matching copy with each page numbered correspondingly.

The case went to AMC April 2008, and on one of the 800-827-1000 phone calls I was told the case was ready for the rating board in July 2008.

Other than that, I know nothing. I made an IRIS transmission today with relevant inquiries made.

Thanks for your input and interest. I look forward to talking to you again...

Denial http://www.va.gov/vetapp06/files4/0620731.txt Citation Nr: 0620731 Decision Date: 07/17/06 Archive Date: 07/26/06 DOCKET NO. 05-08 538 Remand http://www.va.gov/vetapp08/files2/0811271.txt Citation Nr: 0811271 Decision Date: 04/04/08 Archive Date: 04/14/08 DOCKET NO. 05-08 538

We can help more in the Claims Research forum-

I am widow of Vietnam PTSD vet too and we have other widows here as well.

The AMC was ordered by the BVA, in Sept 2008-in my case- to address my medical evidence-it had been ignored for over 5 years at that point.

I just charged the AMC with destroying it-

they defied the remand last week and I raised Hell-

still- there is no reason to believe that this would happen to you at the AMC-

I sure hope not.

I do get DIC -this is a different type of claim I have at AMC-

I know that VA relies very heavily on the exact wording of the death certificate and ,after 3 years ,they also acknowledged a 6 page autopsy when they awarded my DIC.

Does the death certificate state a disability that you have medical evidence of- which was directly due to his service?

Did it state that asthma contributed to his death?

Was he autopsied?

Do you have the BVA Citation Number and Docket number (these are public cases posted at the VA website without personal ID information) so that we can read it?

Has the VA fully acknowledged all of your evidence yet?

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