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

[page1006]

19 minutes ago, Buck52 said:

Did you have claims issues?

THE ISSUES

1.  Entitlement to service connection for diabetes mellitus, including as secondary to service-connected hepatitis C, status post liver transplant.  

2.  Entitlement to an initial rating in excess of 40 percent for hepatitis C, status post liver transplant.  

????

That's not it. But I searched for it and found it now. The docket# is 12-22 157 and the citation number is 1409068. Thank you!

[Berta]

Is this it:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1409068.txt

BVA decision was dated March 4,2014 and remanded.

3 hours ago, page1006 said:

"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. "

We have no idea if the remanded claim has been decided.

Apparently not if they said you have more time to submit evidence.

Do you have more evidence? Were you able to send them yourself, what the remand is seeking?

I suggested that you call a lawyer, one who deals with  VA claims.

There is a NOVA list here somewhere and I believe it is also at the VA web site.

That is still my suggestion .

 

[Berta]

to add, the remand states:

"In support of her claim, the appellant submitted two lay statements and a March 2012 opinion from a private physician.  The physician noted the statements from the Veteran's wife and sister, which noted his aggressive, erratic, and violent behavior, including drinking and driving and driving at high speeds.  The physician cited to studies showing a link between PTSD and substance abuse, impulsive behaviors, risky behaviors, and suicide.  The physician then opined that the Veteran's PTSD and substance use disorder were significant contributing factors to his demise."

Was this physician a psychologist or psychiatrist?

Or did he have expertise in substance abuse disorders and/or PTSD? 

Had he ever treated the veteran personally?

Did he follow the IMO criteria here at hadit, using the key words?

Was his opinion based on your husband's medical records?

 

[page1006]

3 minutes ago, Berta said:

Is this it:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files1/1409068.txt

BVA decision was dated March 4,2014 and remanded.

We have no idea if the remanded claim has been decided.

Apparently not if they said you have more time to submit evidence.

Do you have more evidence? Were you able to send them yourself, what the remand is seeking?

I suggested that you call a lawyer, one who deals with  VA claims.

There is a NOVA list here somewhere and I believe it is also at the VA web site.

That is still my suggestion .

 

Yes, that's it! I had no idea I could look this information up online. Thank you for that. The person who helped me with the case from American Legion transferred to a different location and I had no idea what was going on with the case.

I found a video of my husband recording himself while drinking and driving...speeding while holding a huge beer can in his hand. He was speeding on the German autobahn after coming back from Iraq. I would also like to submit a new statement to add new information that I did not include in my first statement but I don't want anything new I submit to hurt my case.

I sent the lawyer you suggested an email over the weekend but I haven't heard anything yet so I will try giving him a call. 

[Berta]

Good....

" 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."

I know how devastating it is to lose a husband. My husband had 2 claims in process when he died.

(deleted another question.....I assume no NOD was filed by you on the 10% low ball????

Did the AL suggest you substitute yourself at the point as the claimant?

I certainly agree with others here who said he was probably lowballed...

Depending on your answers to the questions I had regarding the IMO doctor, I could recommend a psychologist for an additional opinion, on the PTSD but he would have to have the complete medical records, and the results of the C & Ps that were done ,as well as any private MH medical records too, the SMRS, and maybe a copy of the C file would be needed.

Pwrslm, we have ESP! You made very Good points, ...

but the clock is ticking....and I don't know if the RO considered the IMO opinion yet or not, as mentioned in the BVA decision,  and, in my opinion, it might not help, even under Relative Equipoise..

Edited May 9, 2016 by Berta

[Buck52]

Here ya go page 1006

https://vetadvocates.org/welcome/find-an-attorney/

I wish you the best  and stop in here any time and let us know how your doing and how your DIC is going.

 

Edited May 9, 2016 by Buck52