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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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akwidow

Grrr - I Got Another Rubber Stamp Denial

Question

AMC came through with a SSOC in todays mail. Once again, I am denied for DIC.

They did not list my evidence. (spoilation?) Rubber stamp again!

They did not address my issue - that PTSD contributed to my hubbys death. (denial made while not condiserating my position)

As an aside, they mentioned the DVD I sent them with the second set of papers but did not list the evidence, and never mentioned the original documents I sent...(spoilation?)

I have thirty days to respond, which I will, with the full gamut of information I have already supplied. They said if I do not respond within 30 days, they will send the file back to the BVA. Is that good for me or bad?

GRRR I am angry.

Should I ask for a reconsideration, or make a NOD?

I had already connected the dots, supplied IMO for PTSD, and copied them with their documents pertaining to his PTSD.

My friends here are telling me to get out of the loop and get congressional intervention, even though I told them about the retribution that it can cause.... any thoughts?

Thanks, please forgive me for venting,

AkWidow

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Attorney and CAVC is your option.

J

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I don't think the AMC is cranking out ANY good decisions! You need to get your Claim to the Court! I'm uncertain wheather or not you need to file an NOD with the AMC to keep your effective date of claim. Were your Appellate Rights attached to the AMC decision? I'm sorry you have to keep fighting, but you sound like you have the right spirit! Never give up! ~Wings

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AMC came through with a SSOC in todays mail. Once again, I am denied for DIC.

They did not list my evidence. (spoilation?) Rubber stamp again!

They did not address my issue - that PTSD contributed to my hubbys death. (denial made while not condiserating my position)

As an aside, they mentioned the DVD I sent them with the second set of papers but did not list the evidence, and never mentioned the original documents I sent...(spoilation?)

I have thirty days to respond, which I will, with the full gamut of information I have already supplied. They said if I do not respond within 30 days, they will send the file back to the BVA. Is that good for me or bad?

GRRR I am angry.

Should I ask for a reconsideration, or make a NOD?

I had already connected the dots, supplied IMO for PTSD, and copied them with their documents pertaining to his PTSD.

My friends here are telling me to get out of the loop and get congressional intervention, even though I told them about the retribution that it can cause.... any thoughts?

Thanks, please forgive me for venting,

AkWidow

Can and you obtain and submit to V.A. a written medical opinion from one of your husband's medical doctors or other medical professional that your husband's PTSD caused or contributed to your husband's death? This sort of new and material evidence might make it possible for you to win DIC from V.A.

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Well, you see, DeltaJ, I already did that.

I started with a claim in 2004, was denied, appealed to BVA, was denied, but it was remanded to AOJ by COVA back to AMC, who issued the latest denial.

It says in the papers they sent me that the PTSD information I send to them is not relevant to the DIC case...and I think it is, and that was the basis of PTSD as a secondary cause of death...and his oncology doctor put in on his death certificate as well as stating that his PTSD had an effect on his attitude toward his health care. All the information I sent to them was in the VA files... and I showed them a dot by dot pattern of behavior where my vet used avoidance for his health care for all but chronic instances, or injuries that spanned from the 70's to his death.

They didn't follow their own rules!

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I think that you should consider a lawyer. If not at least send in spoilation letter before the deadline.

Good Luck

By the way over time we have had some widows who won DIC Claims and I think that Berta and some of our Ladies who are experts really helped them. Never give up your husband earned the benefits for you.

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