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My husband died in motorcycle accident

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Posted (edited)

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 by page1006

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  • 0
Posted
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.

 

 

 

 

I don't think a NOA was filled and no I did not hear from any attorneys. 

  • 0
Posted

No it isn't your case. I could not find anything with the number you gave us.

The date of the BVA decision you posted is not there.That date of the letter is crucial.

Please make sure you give any lawyer you contact the date of this last decision you received from the VA and the Docket number and Citation number.

Buck and I have tried to help you but questions here have gone unanswered, leaving us in the dark ,

 and that's OK...it is best for you to find a lawyer.

You have only 90 days from the date of that BVA letter to respond with more evidence. We have no idea when they sent it.

As it states, the claim was remanded and then sent back to the BVA.

I still feel they might have denied your VCAA rights but that will be up to a lawyer to determine.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

  • 0
Posted

No it isn't your case. I could not find anything with the number you gave us.

The date of the BVA decision you posted is not there.That date of the letter is crucial.

Please make sure you give any lawyer you contact the date of this last decision you received from the VA and the Docket number and Citation number.

Buck and I have tried to help you but questions here have gone unanswered, leaving us in the dark ,

 and that's OK...it is best for you to find a lawyer.

You have only 90 days from the date of that BVA letter to respond with more evidence. We have no idea when they sent it.

As it states, the claim was remanded and then sent back to the BVA.

I still feel they might have denied your VCAA rights but that will be up to a lawyer to determine.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

  • 0
Posted (edited)

Time to get a real good breakdown of your husbands condition when he received the denials. Also, 10% could very well be a low balled rating, I would think that w/drug and alc involvement, the rating info could have been minimized.  Self medicating doesnt make the problem go away, just makes PTSD easier to hide both by the patient and by the C&P examiner.  It might be beneficial to get IMO's on the exams this Vet underwent.  

 

Do you have copies of the Active Duty medical records, as well as, the C File in this case?  When they did the original claims, was there any other medical opinions about the conditions that was not noted in the original notification where they gave you the 10% PTSD and denied everything else?

 

Also, the board the recommended discharge should have provided a lot of info, and medical records from them would also be very relevant to analyze this issue.  For it all to boil down to just 10%, it just doesn't add up.  If they low balled your husband and you can document that his condition should have been higher, it will be paid back to you from the date of his discharge.  Same on the other disabilities.

Edited by pwrslm
  • 0
Posted (edited)
5 hours ago, Berta said:

No it isn't your case. I could not find anything with the number you gave us.

The date of the BVA decision you posted is not there.That date of the letter is crucial.

Please make sure you give any lawyer you contact the date of this last decision you received from the VA and the Docket number and Citation number.

Buck and I have tried to help you but questions here have gone unanswered, leaving us in the dark ,

 and that's OK...it is best for you to find a lawyer.

You have only 90 days from the date of that BVA letter to respond with more evidence. We have no idea when they sent it.

As it states, the claim was remanded and then sent back to the BVA.

I still feel they might have denied your VCAA rights but that will be up to a lawyer to determine.

 

Hi Berta,

 

I was able to find the docket number. Its 1222157. Thank you!

The last communication from the VA is dated 2/10/16 but when I called them last week they said I can still submit more evidence if I like. 

Edited by page1006

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