My husband died in motorcycle accident

[page1006]

My husband was a veteran of the Gulf War Era. He served in the U.S. Army from January 2004 to January 2008, including a tour of duty in Iraq from January 12, 2006 to February 17, 2007and, then, reactivated for additional active duty from January 4, 2009 to January 29, 2009. He filed an original disability claim that was received on July 31, 2009. He was also previously seen in SWS in October of 2007 along with being enrolled in the Army Substance Abuse Program. My husband was honorably discharged. 

Decision:

1. Service connection for post traumatic stress disorder, with alcohol and drug abuse and dependence is granted with an evaluation of 10 percent, effective January 30, 2009.

2. Service connection for migraine headaches was denied.

3. Service connection for chronic strain of the thoracic spine was denied.

When my husband was reactivated for additional active duty he was diagnosed with Chronic Post Traumatic Stress Disorder with the recommendation that he be removed from training. He was discharged from active duty on January 2009, to return home. On April 20, 2010 we received an unexpected amount of money on our account and found out that way that my husband was granted 10 % disability which he was very upset about. He planed to appeal this decision. Unfortunately he passed away in a motorcycle accident 3 days later. He passed away 3 days after his 25th birthday. I became a widow and a single mom at the age of 25. My son was 18 months old at the time. 

He purchased the motorcycle in March of 2010 and died in April of 2010. I am convinced that my husband experienced an episode right before the fatal accident. He died 0.3 miles away from his mother's house. He moved to that house when he was 15. He was very intelligent and knew those streets very well that's why I don't believe that what happened that day was just an accident. Witnesses reported observing the motorcycle being operated in a reckless manner. He was riding on the rear wheel only prior to the intersection. He was wearing a helmet but the helmet was not properly fastened. The investigation indicated that excessive speed and reckless driving on my husband's part contributed to the crash. There was no alcohol or drugs found in his system.

My husband was a very cautious driver before his deployment to Iraq. After he returned from Iraq he seemed to always be looking for that "adrenaline rush." I was scared to be in the car with him after he came back home. He almost killed us twice. He also started drinking and driving which worried me a lot. He was a medic in the military and experienced numerous incidents involving direct fire, explosions, mortars etc. as well as his vehicle/ convoy getting hit with IED's on 2 occasions etc.

I submitted a new claim in 2010 with the help of the American Legion in DC. The claim was denied. In 2013 I appealed the claim and went in front of a judge and now I am just waiting on a decision to be made. I recently found a video of him recording himself while drinking and driving. In the video he is seen speeding on the German Autobahn while holding a big can of beer in his hand. I was wondering if it would hurt or maybe help my case if I submit the video to the Board of Appeals. I was told I could still submit more evidence if I chose to do so. I also would like to submit a new statement if possible since my first statement was written during a hard time in my life. I didn't give it much thought since I was going through a lot at the time. 

I had no idea at the time of the accident how many soldiers died in noncombat motor vehicle crashes after returning home. I read somewhere that men who served in the wars in Iraq or Afghanistan have a 76 percent higher rate of dying in vehicle crashes than people in the general population. I wish I had known these scary facts before I lost my best friend. I was wondering if you guys on here, with a little more experience than me, know whether I have a chance of winning this case or not. Also, would like to know if it helps more if I find a lawyer now or if it is too late? I wasn't able to find a lawyer in my area. I would really appreciate any advice I can get. It's been 6 years now since my husband passed away. Thank you!

 

Edited May 23, 2016 by page1006

[Berta]

In a past reply Buck said:

“I don't much think the VA will award a DIC if your hubby died from his INJURIES due only from his Accident.

But I would think a lot like you that something triggered his ACCIDENT due to his SC DISABILITY  Prior the Accident “

He is correct.

The toxicology report revealed no drugs or alcohol, so Allen V Principi will not help here.

I fully believe that your husband’s PTSD could have caused many dangerous situations in the past because I too almost had accidents a few times, when my husband had flashbacks and started to hit me while I was driving him to the VA. Now I think that might have been the reason they started to send the VA van here to pick him up.

However, he had a documented history of ‘seeing’ the enemy, ‘seeing’ his dead commander –that was a daily flashback every time he looked at his feet, and other instances when he  had to turn his windshield wipers on when he was able to work and to drive.These flashbacks all involved Vietnam, but flashbacks can happen from any stressful event.

Something   happened to your husband prior to the accident…at least that is the theory of this DIC claim. It could have been a flashback.

In the police investigation, were there any eye witnesses to his behavior right before the accident?

Was he vocally showing he was in distress? Was he saying anything that maybe a witness had heard?

Was he driving the cycle as if he was trying to avert IEDS, land mines, etc.?

Any eye witness reports might well not reveal his actions to be related to the fact that he was inservice, but a good lawyer would view them carefully.

Something triggers flashbacks.

Often a veteran cannot remember what it was that trigged them.

It is what happened prior to the accident that ,in my opinion, is the only thing that can prove his PTSD was it’s cause.

Have you ever tried to get those eye witness accounts, if there were any?

What is the status of the accrued claim?

A 21-534 is also a claim for accrued, and would cause the rep or the VA to send you a substitution form.

Your 21-534 was filed in time to be eligible for accrued. That was  separate issue and was a separate claim.

Did you send to the VA anything at all to support the accrued claim?

Has the VA ever mentioned the accrued claim at all in any decisions?

Have you scanned and attached the actual  RO denial (Reasons and Bases and Evidence list) here anywhere.

He was angry over his low balled rating....did you raise that issue in the claim?

My husband died within 4 hours after he called VA to learn his claims had not moved in months. and was very angry. The 800 rep was shocked when I called the VA back to inform them of his death,later in the day, as she was the same rep he had talked to that AM. She was devastated and regretted she had given him the lack of any claims status, earlier .

Did he have any suicidal ideation documented in any of his records?

Lots of questions I know but this is a very difficult DIC claim and I hope the accrued claim is still pending.

My accrued claim was awarded prior to my DIC and that only took 3 years.It had some bearing on my DIC claim.

 

 

 

 

[Buck52]

Yse I agree Ms berta

This lady will need a statement of her mentioning her late husband behavior before the accident  his violient nature because of his PTSD because no one knows her husband better than her (although she is not a Medical Dr) so her lay statments is a deep conceren here. 

 IF & I say if...the toxicology reports mentions drugs or alchol and give  there report this was the cause of or favor the accident, BVA will fly with this & deny.

However if she can prove as to why her hubby had this in his system because of his PTSD/pain  Then theres a possibilty. jmo

I hope and pray something is uncovered to help her win this  but unfortutely  from what all I read  it looks pretty dim.

...............Buck

Edited May 13, 2016 by Buck52

[Buck52]

Maybe if her husband had  pending claims in before his untimely accident  she could pursue these claims.    Right?  or is her only matter in this is the DIC?

[Berta]

I agree....a lot we have suggested to do should have been done within 5-6 years ago when the claim was  awarded.....to the husband....

As I comprehend the substitution regulations, this widow had every right to appeal that award letter.

He got the award and died 3 days later....the widow could have become the claimant.

The worse case scenario is that the RO will deny again the DIC claim  or the BVA will and then a NOA can be filed with the USCAVC,

but no new evidence can be submitted to the court ...unless a skillful vet lawyer (and many have done this) holding the widow's POA can get a Remand from the CAVC, and that would open the door for more evidence....but what evidence will there be??????

Maybe in the years that scenario could take, more evidence would come to light.......???

I see the best chance of any monetary award coming from the accrued claim...but still have no idea what the status of that is...and by now the VA probably denied it too......because accrued claims need lots of evidence as well as DIC claims....and I don't know if the accrued denial was properly appealed.

[page1006]

17 hours ago, page1006 said:

I contacted them. I'm hoping to hear from them soon. Thank you so much for all your help and I hope you feel better!

The Constituent Liaison began the process of conducting a congressional inquiry on my behalf today. Thank you again!

[Berta]

Please keep trying to obtain a lawyer and follow the advise we have given you here.

I had 3 Congressional Inquiries once. The VA lied to my Congressman, and my 2 Senators here in NY in their response. 

 They (VA) gave the inquiries to a specific person at the RO who took his time making up a ludicrous and untrue response to them.

Meantime, within an hour after  I  got copies of the VA's  false statement response from the Congressman and Senators, I got on the phone for about 45 minutes with SSA in Baltimore and got the evidence I needed (that VA lied about)

and my claim was awarded.

I have no idea how any Congressperson can help you . Their inquiry might get the claim put on hold for a while., and meantime you can continue to seek what we advised you to get.