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

[flores97]

Page1006, I am so glad that a lawyer responded, and that is a great suggestion, I thought an attorney had to request the extension. I would fax the extension request early Monday, if possible, be sure to be detailed and list your husbands SSN, full name, branch of service, as well as all of your info including contact information as well.

[Berta]

That is good news for any claimant who needs more time to develop their evidence.

In over 2 decades I have never known a claimant could request an extension like this. Did the lawyer say to send it to both the RO and the BVA?

I wonder why the AL didn't advise this.

 

[Buck52]

It sure is looking like a CUE has been commited by the VA

I understand there is no ''time limit'' on CUE.

Where in CFR's cane we find a veteran or his spouse can get an extention?

Also sense her hubby was lowballed on his rating  she could point that out also.

The widow can defend her hubby.

jmo

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

[Berta]

Buck, we think alike as to the "extention".

BVA is controlled by 38 CFR Parts 19 and Part 20.

I could not find anything as to what regulation would support an extention request like this.Still looking.

I check everything lawyers say.

A NOD deadline can be extended for Good Cause.....but that does not happen very often...

Good cause re: a NOD deadline would be if the veteran was hospitalized for a significant period of time, or lost their home and VA stuff in a fire, stuff like that. maybe the BVA would grant something like that

But

I have never heard of anything else regarding an extention and it would be great if the lawyer gives this widow the exact citation for that, and

she presents a very good cause reason for the request.

The problem is I assume the VCAA notice was valid, as the BVA would have noticed if it wasn't.

There is no way I can see a CUE scenario here....

.but that would take someone to review more of the claims info than we have here: such as

the actual VCAA 5103 letter, , the decision , the evidence list , all VA lettersn and anything from any hearing transcripts...etc etc

I am not suggesting that Page has to attach that stuff here at all.....

she has too much to do already.

 

 

 

 

 

 

 

[Buck52]

This why I think they commitd a CUE

he actual VCAA 5103 letter, , the decision , the evidence list , all VA lettersn and anything from any hearing transcripts...etc etc

I believe the VA did not inform this widow of all her rights and ignored a lot of very important information  to clerify her claim process (aka) Due Process & VACC was not put into place correctly.

They should start her claim all over agan and get it right this time....if she is granted the extention  this is what will ''probably'' happen? but knowing the VA it will probably be in Remand for years.

jmo

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

[TALON II FE]

There is a piece here that doesn't make sense to me, and maybe it gives you another angle:  Your husband was reactivated for three weeks and then found, from my interpretation, unfit for duty and, based from that he was awarded 10%?  Doesn't being found unfit already infer a greater disability than 10%?  I am at 70% and I retired out after 20 years (i.e.- I was still functioning at a high level at a 'high-visibility' function.  My point being, there is nothing in the verbiage for a 10% rating which would make them cut him loose after a couple weeks.  Are Buddy Statements from anyone in his unit a possible source of new and material information?