Claims that involve suicides of veterans

[Berta]

I asked someone to join us here who has had a tragic loss of their veteran son.

I am posting some info we all need to know, as to the VA regulations on suicide claims.

 

This BVA case explains how the Estate of a veteran can file FTCA:

 

http://www.va.gov/vetapp02/files02/0207290.txt

I am focusing however on Section 1151 regulations here for the new member:

Suicides are considered by VA to be "willful misconduct" unless the veteran was of ":unsound mind" and incapable of forming intent.

38 CFR 3.302(a)(1)(2)

The mental unsoundness must result from a service connected disability (proven with strong medical evidence).

The VBM by NVLSP references Sheets V Derwinski,2 Vet App 512,514,516. (1992) and Elkins V Brown 8 Vet At,391,397, 1995

For a Section 1151 claim, with evidence of "unsound" mind, the claimant must also be an eligible qualifying survivor.

That would be the veteran's legal spouse, and or any children, and in very limited circumstances possibly the parents(s) of the veteran, if they had been financially dependent on the veteran. (38 CFR 3.250-251 (2015) VBM 2015 Edition page 520

(I added "legal" before spouse, as some of you might recall I lost a Vietnam vet friend of mine about 8 years ago and tried to help his wife, until I learned she was not his legal spouse for VA purposes and they did not live in a common state and also he was not service connected for any MH issue per the "spouse" ....which was not what he told me in his lifetime and also he told me he had a PH GSW)

There are cases at the BVA that delve into how these regulations work.

http://www.va.gov/vetapp02/files02/0207290.txt

In a NSC non- 1151 death, I am sure there is still a small plot benefit the survivor could apply for but need to check that regulation out carefully.

A well known advocate here in NY lost her son by suicide many months ago. And her husband is dead due to AO and she receives DIC.(after a long battle with the VA)

And she still works tirelessly for veterans. She is not the woman I asked to join here. I mentioned here because

our losses of veterans in our families definitely can inspire us to fight the VA for others. That gives their deaths meaning to many and also gives us peace.

 

 

 

 

 

 

 

Edited February 19, 2016 by Berta

[broncovet]

Thank you Berta.  VA does not take suicidal ideations seriously, and I can attest to that.  

In a period of deep depression, I had decided to take my own life.  Twice.  Getting help from VA is a joke.

In this crisis, I contacted VA.  They responded, to the effect.  "What are you doing on July 18?  We have an appointement available then.  Will afternoons be better or morings?"

"Uh, I needed help now!"  

"We dont have "walk ins" anymore.  We used to have those on Thursday afternoons, but we just did not have the staff". 

I went to a private facility, where I was immediately escorted to a hospital, with a mandantory 72 hour hold, where I was watched 24/7 (suicide watch). 

I reported this hospitilization to VA as a suicide attempt.  This event occurred in the late 90's.  Again, in 2007, I was hospitalized, this time, by VA for a suicide attempt.  

The VA rated me 30% for depression when ONLY the 70% and 100% categories include suicidial ideations.   My appeals were largely unsuccessful.  In one appeal, I questioned why I was rated only 30%, with SI, where only the 70% and 100% categories included SI.  I said that "devalued my life" in that SI "was not a big enough issue" to be placed in the higher rating categories.  

While I eventually got 100% for depression in 2009, I  have been unsucessful at getting an eed to 2002, when I applied, in no small part because key documents in my cfile "came up missing", and, losing my home in 2005 to foreclosure meant I did not have a place to store documents, so I was unable to resubmit all of the applicable documents.    

My NVLSP lawyer, in 2012, essentially suggested I abandon attempts at an EED, and focus on TDIU, instead. I no longer retain the NVLSP lawyer.  He got a JMR, which netted attorney fees, but netted me 0, in part, because the VARO pretty much did not comply with the JMR.   On Feb. 2, 2016, I received notice of a BVA decision which denied TDIU, and sleep apnea.  I went through and counted 5 medical professionals who had opinied I was unemployable, and at least two said it was because of depression (service connected).  

I have been offered representation by 2 law firms..appealing the board decision.  The first is a large, big name firm, well established with a long history.  The second is an experienced VA law firm, but the main lawyer has been focused on TRAINING VA lawyers since 2011. (Julie Glover at Glover Luck).  

I like the smaller firm, as I actually got to talk to the lawyer, and explain some things, rather than relying upon a legal aid to write it down and wonder if this information ever made its way to the lawyer.  

In the large firm, I was never able to talk to "a lawyer" but only a legal aid, who had apparently listened to many many Vets "stories".    I can not vouch for all Vets, but mine is not a "story", its documented in my medical records, to the extent the VA did not shred my evidence.  

I have to now make a rather big decision that I would rather not have to make, and should not have to make:  the selection of an attorney, and decide what part I will play in the handling of my case.  

Since I am technicallly "not represented" by council, I have considered doing some things before signing on the dotted line for counsel, that I hope may be productive:

1.  Filing a MFR on the board decision, essentially citing the evidence in conflict with the decision complaining that a reasons and bases was not given for why this favorable evidence was not considered in the denial.  

2.  Filing a Writ of mandamus, demanding VA render a decsion on 38 cfr 3.103 which requires a written decision on an action "which affects the payment of benefits".  I posit that the VA's quiet denial, without a decision of my 2008 special handling request (SHR) , where I could appeal it, amounts to a denial of due process under 3.103.  I brought this issue up with the director.  He said my 2008 document was a "request" not a claim, so no decision will be rendered.  I say that "note" in my RBA where I found out the 

SHR was deined, "affected my benefits" so I am entitled to a written decision with a reason and bases.  

A writ could stir this up, but, a pending writ may well mess up my appeal to the CAVC, because, I understand the CAVC does not permit a Writ to be pending with an appeal.  Its one or the other.  I expect the cavc to deny the writ, but I want the judge to order the VARO to file an answer (explanation or attempt to refute my charges)  

I tell this story with some regret...but to help other Vets, I think its called for.  

About 5 years ago, a Veteran at my VAMC went to get help.  He was in combat gear, and that should have been a red flag.  The ER saw him and he was released.  He came back to the VAMC, and blew his brains out, near the statue in front of my VA.  

http://www.daytondailynews.com/news/news/did-war-vet-kill-self-to-make-a-statement-1/nNB5D/

Edited February 19, 2016 by broncovet

[ArNG11]

I was going to like this post, however, it just didn't seem right.  I don't like the situation. The mere fact that this is part Veterans lives is unacceptable to me.  I am in large hopes that these tragedies don't continue to happen without some clear and undebatable changes in Veteran care. How many lives must be lost in the bureaucracy before what needs to be done is done.  

We must be taken seriously.  We must have change.  We must not leave soldiers and sailors behind.  Not like this. JMO

[Andyman73]

Nothing will really change until the person on top decides to do the right thing.  How long has it been since that "person"(who ever they might be) ever really cared about Veterans and ensuring the VA does the right thing for every single one of us?  When was the last "person on top" an AD Veteran?  Bush the first??? 

Who is going to bat for us on that stage?  Seems all we ever hear about is how "something" must be done to correct and prevent future scandals.  And "something" must be done to reduce the suicide rate and attempt rate among Veterans.  But that's all lip service, nothing more.