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]

No need for those docket #s if this is your case

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files2/1513099.txt

This denial was dated March 2015.

Was a CAVC NOA filed? on that specific

CAVC Court of Veteran's Appeals

NOA Notice of Appeal?

Did you hear from many attorneys after filing this NOA? or maybe none was filed.

I do not know if the CAVC would be able to review this case again...

If that is this widow's case linked above...we need more members to opine here........

The BVA correct caught the VCAA error---veterans   -------the ROs are quick to prevent your spouses from getting the proper VCAA 5103 after you die........

I was sure the RO erred on it  but wasn't sure....this confirms that they did....

The day my husband died ( an unexpected death -sudden death syndrome) he was worried about if I would get accrued benefits and DIC and Chap 35 and CHAMPVA if they killed him.

I responded Oh Honey the VA isn't going to kill anyone.

But he was right about all that as I have mentioned here before.

We have been on the old Prodigy BBS in the late 1990s prior to the internet and he didn't know too much about all

VA regulations but he knew more then I did about DIC and widow's benefits because I never considered he would collapse and die as I gave him CPR.

I had never given DIC a single thought

I wont be here forever.

Please make sure you all get up to speed on DIC and the benefits that come with it.....because, as in my case, the one above, and many other DIC claims at the BVA, the VA will NOT extend your survivor their proper rights under the VCAA, if they think they can get away with it ,

because without a proper 5103 your survivors will not have a chance.

 

 

 

 

Edited May 8, 2016 by Berta

[Buck52]

Looks like to me the Board got it right from evidence presented to them from claimate 

as she didn't have any evidence to substantiate her claim (jmo)

The travel board transcript of 2008 would help to see what all was mention at her travel board hearing

The Board addressed everything in duty to assist and notify.

I.  VA's Duties to Notify and Assist

The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations delineate VA's duties to notify and assist claimants in substantiating a claim for VA benefits.  See 38 U.S.C.A. §§ 5102, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.156(a), 3.159, and 3.326(a).  Proper VCAA notice must inform the claimant of any information and evidence, not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; and (3) that the claimant is expected to provide.  38 U.S.C.A. § 5103(a); 38 C.F.R. § 3.159(b).

For dependency and indemnity compensation (DIC) claims, proper VCAA notice must also include: (1) a statement of the conditions, if any, for which a veteran was service-connected at the time of his or her death; (2) an explanation of the evidence and information required to substantiate a DIC claim based on a previously service-connected claim; and (3) an explanation of the evidence and information required to substantiate a DIC claim based on a condition not yet service connected.  Hupp v. Nicholson, 21 Vet. App. 342, 352-53 (2007).

Even tho the veteran was SC for PTSD it was after his death.

[Buck52]

check the last paragraph in this statment  starting with the word''However''

A December 2006 letter advised the appellant of the evidence and information necessary to substantiate her claim, including her and VA's respective responsibilities in obtaining evidence and information. The letter also provided an explanation of the evidence and information required to substantiate a claim based on a condition not yet service-connected. Although the Veteran has since received service connection for PTSD, at the time of his death, he was not service-connected for any disabilities. Thus, no explanation of the evidence and information required to substantiate a claim for service connection for the cause of the Veteran's death based on a previously service-connected condition was provided.

''However'', the appellant has testified at two separate hearings that the Veteran's service-connected PTSD caused or contributed to the cause of his death. Therefore, the Board finds that any notification error in this regard is non-prejudicial to the appellant's appeal because she had actual knowledge of the evidence needed to substantiate her claim. See Dalton v. Nicholson, 21 Vet. App.

[page1006]

6 hours ago, Berta said:

No need for those docket #s if this is your case

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files2/1513099.txt

This denial was dated March 2015.

Was a CAVC NOA filed? on that specific

CAVC Court of Veteran's Appeals

NOA Notice of Appeal?

Did you hear from many attorneys after filing this NOA? or maybe none was filed.

I do not know if the CAVC would be able to review this case again...

If that is this widow's case linked above...we need more members to opine here........

The BVA correct caught the VCAA error---veterans   -------the ROs are quick to prevent your spouses from getting the proper VCAA 5103 after you die........

I was sure the RO erred on it  but wasn't sure....this confirms that they did....

The day my husband died ( an unexpected death -sudden death syndrome) he was worried about if I would get accrued benefits and DIC and Chap 35 and CHAMPVA if they killed him.

I responded Oh Honey the VA isn't going to kill anyone.

But he was right about all that as I have mentioned here before.

We have been on the old Prodigy BBS in the late 1990s prior to the internet and he didn't know too much about all

VA regulations but he knew more then I did about DIC and widow's benefits because I never considered he would collapse and die as I gave him CPR.

I had never given DIC a single thought

I wont be here forever.

Please make sure you all get up to speed on DIC and the benefits that come with it.....because, as in my case, the one above, and many other DIC claims at the BVA, the VA will NOT extend your survivor their proper rights under the VCAA, if they think they can get away with it ,

because without a proper 5103 your survivors will not have a chance.

 

 

 

 

That is not my case. My husband was 25 years old when he passed away. He died in April of 2010. This is the last writing I received from them. 

[page1006]

6 hours ago, Berta said:

I  have read at least 30 BVA decision on DIC regarding Motor vehicle accidents and so far found only one, a denial that the AL held POA on....

Before you have further contact with Bob Walsh can you please answer these questions?

Was the case on Remand, meaning the BVA sent to back to the RO of original jurisdiction?

What was the date of that remand and do you have a Docket and Citation number for it?

Was it after the VLJ hearing?

What is the last letter or decision you received from the VARO or the  BVA? and it's date?

 

 

I don't know if that's the docket or citation number but there's one number listed which is 0141F201. I hope that helps. 

[page1006]

There is so much I don't know about these claims and appeals and I am now realizing that I should have gotten a lawyer right from the start. I really appreciate all your help. 

 

Edited May 9, 2016 by page1006