ptsd Increased eval/Re-open/or Secondary - Quadriplegic

[ekgilley]

Long story coming.  In 1991, my husband  was in a Light Armored Vehicle accident which killed his best friend. My husband did  not adjust well after this, and started having gruesome and violent hallucinations. Sixteen years later in 2009, my husabdn's PTSD was becoming horrifying again.  He stopped talking for a month.  I panicked and called the VA hospital where he went for his regular spinal cord injury treatment ( he was considered a catastrophic non service connected veteran).  I filed a NEW claim for PTSD, with all of the evidence from his LAV accident in 1991, notarized affidavits from his girlfriend at the time stating he was suicidal, evidence of the LAV accident,etc.  He was given a 30% service connected rating in 2009.  He was then able to receive proper treatment at the lake City VA Hospital.  In 2011, my husband died at the age of 39 from complications due to his quadriplegia.  

I receive no widows benefits.  I would like to re-open his claim from 1992 so that he could get a 100% service connected rating.  It is what he deserved, and I feel he was stomped on and spit out by the Marine Corps and the VA.  I am not concerned about back pay or accrued benefits, although I won't turn them down.  What is the best way for me to get the rating he deserved?  Reopen his claim using the 30% service connection as evidence for his PTSD/quadriplegia?  Or do I claim his quadriplegia is secondary to his PTSD?  Or should I just try to get his successful 30% increased to 100%?

 

Thank you so much for this site.  I have avoided this for 4 years, and it may be too late.  But I really want to give him the rating he truly deserved while he was alive.

Edited October 12, 2015 by ekgilley

[R3dneck]

  I'm truly sorry for your lose.

  Welcome to the forums as we have many people here that help many veterans and their families in guiding them in the right direction. They may ask you to upload the last decision with all of his personal information blacked out.

  It sounds like he was "lowballed". If we can find that evidence was not used or a mistake on VA's part you may be able to file a appeal for a CUE. That would force them to reopen the case. I am no expert in CUE's and my advice is to be taken with a grain of salt. Either way you need to find a good VSO/attorney that will help you because your looking at a very large sum of back pay if you achieve in winning the claim. 

[Andyman73]

ekgilley,

Welcome to Hadit.  My deepest sympathies for your loss.  We have some truly dedicated and knowledgeable folks here, like R3dneck mentioned.  Several of which are lawyers that specialize in VA claims cases.  Your husband was definitely victimized multiple times by the LAV tragedy, over and over again. 

Berta has gone through a myriad of claims involving her husband while he was alive, and even more so after his passing due to negligence on the VA's part.  I feel she will be particularly helpful in your situation.

Again, welcome.

Semper Fi.

Andyman73

 

[Berta]

Andyman, it was what my husband ( dead 21 years in 2 weeks) went through with VA that brought me here to help others. He and then I dealt with so many different VA related issues, it became quite an education.....and his death had meaning because it has helped others.....

But I am baffled by this situation.....and at a loss as to what this widow should do

Did you ever file for DIC? There would be no accrued benefits unless you filed a 21-534 DIC application within the first year after his death and then you became the claimant on any pending claims he had at death, that you succeeded in getting a SC accrued rating for.

as there any claim pending when he died that you continued or was this the last denial:

 "When he originally filed his claim for total and permanent disability due to quadriplegia ( the file makes no mention of PTSD or suicide), he was denied  his claim due to his own negligence."

Can you scan and attach their Reason and Bases part of the decision and the evidence list, for that denial (cover C file #, name, address etc prior to scanning and attaching it here.

" He was given a 30% service connected rating in 2009."

Was the 30 % SC for the PTSD?

 " He was then able to receive proper treatment at the lake City VA Hospital.  In 2011, my husband died at the age of 39 from complications due to his quadriplegia. "

Is that exactly what the death certificate said? A death certificate usually would have specific cause of death as the primary condition as then contributing conditions listed as well.

Was an autopsy done?

This might be a very difficult claim and I really dont know how you could re open it as his survivor.

 

Have you contacted PVA (Paralyzed Veterans Association) for a vet rep?

[Berta]

Was he incountry Kuwait or Iraq , when the LAV stressor occurred?

"I receive no widows benefits.  "

Did you ever apply for DIC? If so can you post the denial as to their Reason and Bases? Are you still within a one year period from date of that  denial?

I am sure you could still apply for DIC but the actual cause of death and any contributing causes on the death certificate would have to be service connected. VA deemed the suicide attempt ,causing the quadriplegic disability, as willful misconduct. Did you husband ever have private MH treatment records that perhaps VA never obtained or never knew of, that revealed his PTSD was catastrophic to the level it would possibly lead to a suicide attempt?

 

 

 

Edited October 8, 2015 by Berta