ptsd Losing The Battle

[mymissie]

Berta,

I am sure that you do not remember my post. Been a while,but I had asked your feel about my Brothers Claim. Number of health problems,trying to SC. Heart,glocoma,cararats,loss of sight,etc.

He went to the VA today,an the cancer has spread all over his body. Too weak for any treatment. Told to return Monday to put in medi-port-Pain shots.

We have never heard from his claim,even thou we called,eMailed,except.

Reply!! we are working on it( Claim)

They ( Doctors) saying no hope.

He wants to see that his wife has money coming in after he dies,but right now he is gettig a VA Pension-A&A.

Should I file an 1151 claim for his eyes?( There Fault he is blind) An a tort claim? Or wait an let his wife file after he dies?

I have asked that they put his claim on a fast tract,but no response! except they

are working on it.

My brother has lost 30 pounds,gone Blind,an now the Cancer has spread from his lungs,to being all over his body. All in a few months. Now his heart hurts,(has pacemaker)an they told him to go see his Primary Doctor( None,his Primary Quit last month)

I went with him,to see a SO-an he went over his file,an said VA has all the proof they need to service conect him.

My brain ,having to fight PTSD every day,is making it impossible for me to see what to do next. CAN ANYONE SHOW ME SOME DAYLIGHT? THE VA WILL<I AM AFRAID> win again. Let him die,an never pay him.

[Pete53]

That siucks but you might consider asking VARO to speed up for compassionate reasons.

I hope that he is as least kept comfortable.

[Berta]

This is just terrible news-at least with the pension and A & A he is in the system-I just wish the service officer could move this claim along-

this was my husband's greatest fear too-that his claims would be pending when he died and I would have problems with DIC.

His wife can re-open his claim in the event of his death- She should make sure the coroner lists all disabilities he has on the death certificate and also I always recommend an autopsy.And make sure that his wife knows his wishes if he is an organ donor.

The Eye Bank here in NY handles all organ donations and the call comes very soon after death and someone has to deal with this immediately. I highly recommend organ donations. There is so much peace in knowing that your loved one is helping someone else.It is amazing what they can harvest from a deceased person.

It sure helps with dealing with the grief.

Your brother's SO sounds so supportive- maybe there is something he can do about this.

It would be up to his spouse to file for Sec 1151 and/or FTCA claim in the event of his death.

The FTCA claim has a two year statute of limits. The 1151 claim has none.

I filed a FTCA and also I re-opened Rod's pending Sec 1151 claim. He also had a PTSD claim pending.

It took over three years but these were all successfully resolved with medical evidence. The PTSD claim involved accrued benefits- part of the 21-534 application she will need to get from the SO and fill out if he dies.

When a vet dies -even if they put years in waiting for a decision , the widows claim has no status in the queue-and it starts all over again. What I mean is Rods PTSD claim took actually over 6 years for 100% if you consider how long he waited (3 years) and then I re-opened (which added over 3 more)

The best thing I can say is to try to maintain hope and to pray for him-

it sure would not hurt to try to get the SO to help get this through the system if he can.

I am assuming that everything , all evidence possibly needed for direct SC is available to the VARO.

On the FTCA and the Sec 1151 -I used to give advise how to do this all ones self-but I have changed on that-

I recommend getting an independent medical opinion for any Section 1151 claim as well as an FTCA claim.

It took me night after night, month after month to get up to a medical background consistent with the docs I was dealing with at the VA. I had some legal background that helped me deal with Gen Counsel but the hard part was the medical part.

This covered cardiology and brain ischemia. I studied relentlessly because of my husband's statement hours before he died that he also put into his 1151 claim-he fully believed they would kill him. and they did.

Actually it was easier however to win the FTCA than the claims.The docs and attorneys at VACO read all of my evidence and my briefs and they understood it all.

Your brother is still alive and the power of prayer is often phenomenal.

I think the most important thing at this point is to make sure his medical care is proper, the best available he can get, and that he is comfortable. He still has control over his care and his claim.But I sure hope the SO can do something at the VARO level on this.

[olenavygoat]

Have you been to your congressmans office yet?

[mymissie]

Hi,

No,he is to weak to go to his offoce,but told my sister-in-law to do so. Thanks

[carlie]

2003 Edition of the VBM page 837 RE: 12.6.2

has info on expedited consideration for terminally ill claimants.

It refers to Manual M21-1, Part III 2.01© (Change 98 Erratum, Oct. 11, 2002).

Can anyone help get the info posted here please.

carlie