Denied Dic

[kimmig]

I received in the mail a letter from the pension management center that i was denied DIC because they had not received all pertienant information. On 23 jan 2012, they sent me a request for additional information, i sent by certified mail all documents needed such as autopsy report,copies of service connected drugs given (that assisted in my husbands death) and an updated death certificate that shows "mixed drug intoxication complicating recent lumbar surgery"......

on 19 april 2012 i called the regional office in little rock to follow up to see if i needed to do anything else, the regional office couldnt tell me anything because the power of attorney hadnt been squared away.......anyways, its funny that the decision is dated the same day that i talked to the little rock arkansas regional office.

I guess i should obtain an attorney i have a copy of the certified mail receipt. i knew this would happen..... this is disgusting.

[Berta]

"I guess i should obtain an attorney i have a copy of the certified mail receipt. i knew this would happen..... this is disgusting. "

As I recall this was a Section 1151 DIC claim.

If a vet org still has your POA they should question this letter.ASAP.!!!!

Otherwise if the POA has been revoked, yes contact a lawyer.

In the days I dealt with this stuff, for DIC under 1151, we did not have to right to have lawyers representing us at the regional level.

As a matter of Fact after 20 lawyers here in NY turned me down regarding my FTCA case,so I handled it myself.

But this was before lawyers had the right to advertise their specialties and these days I would have had no problem getting a malpractice lawyer for a FTCA case or a lawyer for my 1151 case.

You might want to contact Carrie Weletz at Bergman and Moore.They have an email form here at hadit home on the right hand side of the forum list.

She is a superb vets lawyer!

I am a little curious that this letter came from the "pension Management Center" ???did they use a Philadelphia address?

If so is Phila the actual RO who has jurisdiction over your claim?

Did tey make any award or denial of a wartime pension in the letter?

[kimmig]

My husband, SFC Ricky W. Green (retired) died on 28 October 2011 at the age of 43. My husband was a Persian War Gulf Veteran whom served his country on active duty and reserve status for 23 years, just recently retiring in December of 2010.

My husband had a service connected back injury and was operated on 26 October 2011, the operation was contracted thru the VA and performed at the Washington Regional Hospital in Fayetteville. He was released home the next day. During the time frame that my husband began to utilize the VA for his medical needs (2008) up until death he was placed on 14 different medications, at the same time to include : hydrocodoine,tramadal, ,gab, valium, oxycodone and sleeping pills.

My husband died in his sleep three days later, an autopsy was performed which revealed “mixed drug intoxication complicating recent lumbar surgery”. The toxicology report reveals that valium,oxy,Zoloft and sleeping pills were in his system. These were all prescribed by the VA and prescribed by the two physicians one as the consultant Neurologist and the other whom performed the operation on my husband who is also a Neurologist.

On 23 November 2011, I filed a claim for Death Indemnity Compensation via the DAV. My husband was an 80% service connected veteran and his surgery was due to one of his service connected injuries.

On 23 January 2012, I received a notice from the Department of Veteran Affairs stating that they were working on my claim and what pertinent documentation was lacking. On 17 February 2012, by certified mail, I submitted to the Milwaukee Wisconsin Dept of Veteran Affairs an autopsy report, a current updated death certificate, VA prescription records and medical records from the most recent surgery. The deadline was 23 February 2012. The certified mail receipt shows it was picked up by Corey Stephens, a representative of the VA, on 21 February 2012.

On 28 April 2012, I received in the mail a document stating that a decision had been made on my claim denying DIC due to I had never sent them the information requested. The date of the decision was 19 April 2012. On 18 April 2012, I had contacted the Little Rock DAV regional office inquiring about the claim and to determine if there was anything else needed for a decision to be made. The regional office could not tell me anything because the Power of Attorney in the system had never been uploaded by the Pension Management Office ( VA Form 21-22) allowing the DAV as the accredited representative authorization to release claim status information. Calling to the 1-800 number to the VA is pointless because you can never talk to anyone.

I am requesting assistance with my claim. My husband died an untimely death which has devastated our family. I am a widow with two children and also a Veteran of 21 years and work for the State of Arkansas as a Disabled Veterans Employment Representative. My husband loved his country and honorably served, devoting his life to service before self.

Respectfully,

Kimberly Green

My husband, SFC Ricky W. Green (retired) died on 28 October 2011 at the age of 43. My husband was a Persian War Gulf Veteran whom served his country on active duty and reserve status for 23 years, just recently retiring in December of 2010.

My husband had a service connected back injury and was operated on 26 October 2011, the operation was contracted thru the VA and performed at the Washington Regional Hospital in Fayetteville. He was released home the next day. During the time frame that my husband began to utilize the VA for his medical needs (2008) up until death he was placed on 14 different medications, at the same time to include : hydrocodoine,tramadal, ,gab, valium, oxycodone and sleeping pills.

My husband died in his sleep three days later, an autopsy was performed which revealed “mixed drug intoxication complicating recent lumbar surgery”. The toxicology report reveals that valium,oxy,Zoloft and sleeping pills were in his system. These were all prescribed by the VA and prescribed by the two physicians one as the consultant Neurologist and the other whom performed the operation on my husband who is also a Neurologist.

On 23 November 2011, I filed a claim for Death Indemnity Compensation via the DAV. My husband was an 80% service connected veteran and his surgery was due to one of his service connected injuries.

On 23 January 2012, I received a notice from the Department of Veteran Affairs stating that they were working on my claim and what pertinent documentation was lacking. On 17 February 2012, by certified mail, I submitted to the Milwaukee Wisconsin Dept of Veteran Affairs an autopsy report, a current updated death certificate, VA prescription records and medical records from the most recent surgery. The deadline was 23 February 2012. The certified mail receipt shows it was picked up by Corey Stephens, a representative of the VA, on 21 February 2012.

On 28 April 2012, I received in the mail a document stating that a decision had been made on my claim denying DIC due to I had never sent them the information requested. The date of the decision was 19 April 2012. On 18 April 2012, I had contacted the Little Rock DAV regional office inquiring about the claim and to determine if there was anything else needed for a decision to be made. The regional office could not tell me anything because the Power of Attorney in the system had never been uploaded by the Pension Management Office ( VA Form 21-22) allowing the DAV as the accredited representative authorization to release claim status information. Calling to the 1-800 number to the VA is pointless because you can never talk to anyone.

I am requesting assistance with my claim. My husband died an untimely death which has devastated our family. I am a widow with two children and also a Veteran of 21 years and work for the State of Arkansas as a Disabled Veterans Employment Representative. My husband loved his country and honorably served, devoting his life to service before self.

Respectfully,

Kimberly Green

[kimmig]

dept of veteran affairs

pension managment center

po. box 342000

milwaukee wisconsin

we have denied death pension,acrued benefits and dic

[kimmig]

i am so upset right now. my husband suffered for years and years. six months after he got home from the gulf he had elevated liver enzymes, noone could explain why. upon death the autopsy revealed enlarged heart,liver and spleen, blockage in one of his arteries,calification of the arteries,.....TH e va had to have known yet they did nothing and told us nothing about any of the enlargements.

i am sooo tired of having to fight all of this.

[kimmig]

i havent filed an 1151 yet. our county veteran office didnt have a clue about how to handle it. remember he forgot about me, i called and a week later he had forgotten.

[kimmig]

Also VA had just sent me a letter in March stating that they were "working" on my claim soooo why didnt they make a decision then denying rather than on 19 April a day after the Regional Office in Little Rock sent them a request on the POA. This sounds really fishy to me