Frustrated Gulf War Widow....arkansas

[kimmig]

My husband died on 29 October 2011. A few days after his death i received in the mail an answer to his upgrade request which was "we have denied your request for upgrade on your back" . I had my son take me into the local veteran service officer and i requested to file an appeal of the decision. The service officer went ahead and filed the appeal HOWEVER when the regional office got it the service officer called me to tell me that "the claim died upon death of the veteran". He told me that he would send me the paperwork to file for DIC...He never not one time mentioned anything about substitiing myself for my husband. Could i have substited myself for my husband to go ahead with the appeal? Also not one time did anyone mention filing an 1151 claim.

Now i am sitting here with a denied DIC because of this:

1. Husbands death due to mixed drug intoxication complicating recent lumbar surgery-

service connected back surgery 26 october 2011

2.released to home on 27 october 2011 va pharmacyfilled and va doctors prescribed oxy,valium,sleeping pills filled on same release day. also va doctors had him on hydrocodiend,tramadol,flexeral among others. all active prescriptions.

3. died in his sleep on 29 october 2011

4. filed in early november appeal to VA on back thru county veteran service officer

5. November 2011- Regional office called me sent me documents to file for DIC telling me the claim died when husband died

6. 23 november 2011-filed DIC with DAV mobile van

7. jan 23 2012- receive in mail letter requesting additional information. due date one month from 23 jan 2012.

8. feburary 2012-call to regional office-cant tell me anything-POA not in system

9. feburary 17, 2012-sent to wisconsin documents such as updated death certificate,autopsy report, medical records, and pharmacy records. sent by certified mail. documents picked up by va rep on 21 feb 2012, timely.

10. march 2012-call to regional office-still cant tell me anything POA not in system

11. april 11 2012-call to local county service office-spoke to service officer-told me he would check into it-spoke to him again on 18 april 2012-he forgot about me, forgot to do what he said he would do.

12. april 18 2012-call to regional office-poa stil not uploaded-cant tell me anything-but she says she will check on it

13 april 23 2012-receive letter from regional office requesting wisconsin upload POA

14. april 27 2012-receive in mail letter denying me DIC with a deniel date of 19 April (day after regional office contacted them)

The DAV has totally dissapointed me. Any suggestions anyoneZ?

[jbasser]

My only advice is for you to immediatly get an attorney. I suggest bergmann moore..

[kimmig]

i mean does this happen alot to other people??

[kimmig]

And thennnnnnnnn.....working as a disabled veterans employment representative as a state employee, a 100% service connected veteran comes into my office, he is interested in becoming a service officer...just wanted to ask questions, so i invite him to sit down and we chated.. i answered his questions. then he tells me when he goes across the street to the county veteran service office, the receptionist yes the receptionist will not even let him see or ask a service officer questions. she at first asks me if the veteran is over at my office..of course this is confidential....i dont say anything, then i say, i am inquiring about my DIC claim..SHE tells me to call the 1-800 number....finally i get thru to him...., the service officer tells me to send him back over and ask for him by name....so i do this...this time he sees the service officer, when he is done my phone rings from the receptionist and the service officer...when speaking to him he basically tells me he is afraid of losing his job.....yes, can you believe this....this has happened several times before. with veterans rudely treated . what a disservice....the veteran calls me back and tells me thank you however he did tell me that the second time he went over again the receptionist was again rude but this time was hostile...what is this world coming to??? this is unacceptable behavior...how sad!

....he gets in to see the service officer ONLY after the receptionist is rude and according to the veteran HOSTILE....

THEN, they both call