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]

To add I got a letter like that in 1982. I was eligible for a wartime pension but made too much money. (US Army husband)

I probably got a statement like that regarding pension, too , with my DIC award regarding my USMC husband. 1998

Does anyone here know if an accrued claim can be re -opened?

My 2012 SMC award was an accrued award but only because of CUE in the 1998 decision.

My AO IHD accrued award fell under Nehmer. (2012) The accrued HBP claim fell under CUE too.

I only found one BVA case for accrued -re open that was denied. DIC was denied as well.

 

 

 

 

 

 

 

[page1006]

2 hours ago, Berta said:

VA always considers wartime pension on DIC claims.

I am concerned about the denial of the Accrued Benefits.

Can you scan and attach their Reasons and Bases part (and Evidence list) here when you have time?

I hope that denial was formally appealed and still in pending , because an the accrued award could provide additional evidence that the PTSD rating was too low.

My point is this...accrued benefit claims can have Significant impact on DIC.am

I had raised my husband's PTSD as one issue causing death.

He had filed for both a higher PTSD rating ( he was 30% SC ) as well as stated he felt his PTSD and been mapracticed on, as part of his 1151. Actually that was his prime concern ,but he added other potential 1151 issues that could cause his death.

I won the accrued claim and they rated him posthumously at 100%  SC P & T for PTSD   ...thus a greater  possibility that a100%  award could have been  a contributing factor  to his death.

One does not jump from 30 to 100 overnight and the evidence revealed he had not had the proper PTSD therapy, nor any PTSD meds for almost 6 years.

But I won DIC under other theories and did not pursue the 1151 part of the claim for PTSD.

If the accrued claim is still pending, you will have a chance hopefully when you get his medical records, to get that possibly resolved with a strong IMO.

Then that would lend more credibility to the fact that the veteran's PTSD was far more than 10 % and thus this disability could have contributed to the accident that caused his death.

 

If you have not appealed the accrued denial, and if it is not still  in appeals , disregard posting the denial.

I don't know if an accrued claim can be re-opened.

 

 

 

 

 

[Berta]

They said in the other letter that they didn’t owe your husband any money, thus the accrued claim was denied.

I thought they might have  explained that a little better.

What I think happened is that you did not file a NOD , as a substitution claim, on the decision that came 3 days before he died.

I feel your VSO should have advised you to do that.

That is why I asked here if anyone ever heard of an accrued claim being re-opened.

 

[page1006]

1 hour ago, Berta said:

They said in the other letter that they didn’t owe your husband any money, thus the accrued claim was denied.

I thought they might have  explained that a little better.

What I think happened is that you did not file a NOD , as a substitution claim, on the decision that came 3 days before he died.

I feel your VSO should have advised you to do that.

That is why I asked here if anyone ever heard of an accrued claim being re-opened.

 

I'm still waiting to hear from the lawyer in my area but one lawyer called me today and told me that they won't be able to help me at this point but once I have a new IMO I can contact them back and they would take a look at the statement. I will see what the other lawyer will say but if they won't represent me either I guess I'm on my own. 

[Berta]

Over 20 lawyers would not help me when I filed a FTCA case. I too was on my own.

I didn't have to share my settlement proceeds with anyone when I won.

Once you get the paperwork you need....med recs, his SMRs etc etc...and if you can get a strong IMO,

then a lawyer will surely want to help you. And we can help you here by assessing what the records reveal.

This is a very difficult case and I am surprised that the rep you had did not advise you differently long ago but many of us have gotten lousy vet rep advise.

Yet widow's claims are not what they see too often compared to veterans claims.

But I took the same training courses they did from NVLSP. So I know they have all been trained in DIC and accrued.

This is why all vets here with spouses have to learn this stuff on DIC and accrued.m Their spouses, after they die, might not get ample help from any vet org at all.

 

 

 

 

[Berta]

Over 20 lawyers would not help me when I filed a FTCA case. I too was on my own.

I didn't have to share my settlement proceeds with anyone when I won.

Once you get the paperwork you need....med recs, his SMRs etc etc...and if you can get a strong IMO,

then a lawyer will surely want to help you. And we can help you here by assessing what the records reveal.

This is a very difficult case and I am surprised that the rep you had did not advise you differently long ago but many of us have gotten lousy vet rep advise.

Yet widow's claims are not what they see too often compared to veterans claims.

But I took the same training courses they did from NVLSP. So I know they have all been trained in DIC and accrued.

This is why all vets here with spouses have to learn this stuff on DIC and accrued. Their spouses, after they die, might not get ample help from any vet org at all.

I hope the VA will give you more time.

 

 

 

 

Edited May 19, 2016 by Berta