Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Need Help From Truckers Who've Been In Iraq.

Rate this question


Philip Rogers

Question

  • HadIt.com Elder

A friend was killed, about 6 months ago, when his pickup swerved into an on-coming vehicle. He had been rated 100% P&T, in '08, for PTSD. He had active duty from 9/77-9/80, 3/03-6/03, 6/03-1/04 and Army NG from 3/03-4/04. He'd been to Iraq where he operated trucks, in convoys. His wife put in for DIC, stating his death was caused by him falling asleep due to his VA meds, but it was denied. No surprise. Death certificate states basically multiple trauma due to MVA. Myself and other friends feel he either committed suicide or perhaps was having a flashback to when he was driving in a convoy. He was receiving dialysis and was on his way home, from that, when he crashed. Need to help her win DIC claim. I need to find out what was SOP when operating in convoys at the time. Thanks!!

pr

Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Gee Flip- has she tried to access his unit on line?

was he autopsied with full toxicology done?

How long did he receive the 100% P & T -any chance for enhanced DIC (proving he should have been SCed at 100% PTSD for ten years prior to death?)

Dialysis-was he an AO vet and was this kidney disorder possibly due to any AO condition like DMII?

It could have been suicide by MVA and even death due to the medication-and certainly a flashback could have caused him to swerve-

is there a police report (should be) with any witnesses to whatever it was that made him swerve-

my husband thought for sure a farmer on a tracker was the EN in a tank one day-this is quite possible but would be difficult to prove-

the dialysis-I wonder what his state of mind was and more then that- what condition he was in-when he left the dialysis situation.

Does she have his medical records to include the dialysis records?

Did the VA meds say do not take and drive? and was he as I understand-driving and in this MVA while on Duty-

or off duty.

Sorry I cant help with what you really asked for here- but you gave us a very good example of all of the potential scenarios we need to consider for DIC and even regular SC claims.

It sure concerns me that this happened after dialysis but I dont know what immediate affect dialysis would have that could possibly impair driving.

Was his vision damaged by the renal problems or affected by the meds for this?

Could his med recs reveal he was diabetic and having cataract involvement with vision?

Hope she can get all of his SMRs and medical records.

An autopsy could have helped here-if one was done.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Bingo-this is a start-there were more articles as to dialysis and affect of it on vision-

http://www.medicalnewstoday.com/articles/131362.php

I will try to find more and post here----maybe not till tomorrow-----

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

Flip get an accident investigator to look at the accident scene, skid marks etc was he accelerating when he left the pavement is there any indication he was trying to kill himself 100% should be one of the first things they think of was there any beer or booze bottles in the vehicle? especially on dialysis I am not trying to be ugly here just thinking of all the aspects that would have to make the VA look at suicide. which would help the widow at this point

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

gosh, this story upsets me. As reported he swerved and hit a car or truck head on. No where was it mentioned what condition the driver of the other car was in. Was he injured or killed. This story is all about how much money a veteran's wife can get, my gosh does anyone not have any concern or feelings for the health of the other driver and his condition and condition of his car. I don't care if a person is a veteran, he is a big boy and still has to take respondability for his action wheather he is on medication or ptsd. There are ways to commit suidcide without hitting a car head on and maybe taking another person's life or causing an injury to someone who was doing nothing wrong. This burns me up putting money ahead of everyone and everything.

Link to comment
Share on other sites

gosh, this story upsets me. As reported he swerved and hit a car or truck head on. No where was it mentioned what condition the driver of the other car was in. Was he injured or killed. This story is all about how much money a veteran's wife can get, my gosh does anyone not have any concern or feelings for the health of the other driver and his condition and condition of his car. I don't care if a person is a veteran, he is a big boy and still has to take respondability for his action wheather he is on medication or ptsd. There are ways to commit suidcide without hitting a car head on and maybe taking another person's life or causing an injury to someone who was doing nothing wrong. This burns me up putting money ahead of everyone and everything.

shamrock,

This tragedy bums all of us out.

But we are here to deal with veterans benefits.

There is no way to know if the veteran actually wrecked another person's

car in order to commit suicide.

If he did commit suicide due to PTSD- I feel he should be considered a casualty of this war

The issue of the topic is not the other guy - it's the veteran's family.

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use