Post humus claims

[pwrslm]

Have a Nam Vet who will pass today from myeloid lukemia. Checked the BVA appeals and it shows this can be related to AO.

Spouse is not ready to shoulder this job yet, but I am doing advanced research.

How can she file a claim for him after he is gone? Is it possible?

[Berta]

Yes she should and needs to file it within the first year of his death.

Was he service connected for anything?

Is she PC savvy?

This widow received DIC (1257 per month ) as an award the BVA felt was more than likely due to AO exposure causing myeloid lukemia'. The widow has a posthumous IMO done.

I feel bad that we are talking about a vet who is not deceased yet...but the death certificate  (and any autopsy if that is done) will reveal more info.

Also there is a CAVC case that awarded for a form of leukemia not on the AO list.

https://www.va.gov/vetapp10/files2/1018721.txt

You can find all she needs to know about any burial or funeral expense benefits at the main VA web site, and that info should be here as well in our DIC forum.

If he is being buried in a National Cemetery, and eligible for any color guard or 21 gun volley---she needs to contact the AL on that if the cemetery office does not do that for her (or the undertaker).

It might give her some peace to honor his service by stating any decorations and awards on his DD 214 in the obit which she can write herself. I wrote my husband's obit and even most of the Chapel service...

the undertaker will just need to see his DD 214/215 to check what she writes in the obit.

I have no idea if she will succeed with a DIC case....claims like this often a strong independent medical opinion and that can be costly.

I again am making the mistake of opining here without all of the facts....not your fault at all. Please ask her to join us when she is ready. If not you will find all you need to know in our DIC forum..and Good for You! The BVA is a wealth of knowledge!!!!!

 

 

 

 

[pwrslm]

Thanks Berta

Its been quiet all day, no word on whats happened yet.  Soon as she is ready to deal with this, I will link her to this thread.

 

John

[Berta]

John----I have spent many hours in the past , involved in trying to help local widows----who are not PC literate.

In every case, I knew the deceased veteran personally. I do not handle that stuff anymore.

Since they cant come to hadit, I try to get them to see a POA. We are 20 minutes away from a state VSO and also a county VSO.I always say I am willing to go with them to the first POA interview for the claim.

Many spouses do not speak the VA lingo...in grief they often do not get to the point of how the death should be SCed.

Only one widow went with me to a state VSO and apparently the vet was not eligible for anything when the POA checked him on the VA PC. No chance of DIC. The vet had told her and me as well a story that was not true about his military career.( real bad paper)

Two widows were not even legal spouses of the deceased vet.This is not a common law state.

I hope the veteran's wife can come here. when she needs to think about DIC.

Or if you can help her, all you need is here. POAs have had the same DIC training I had from NVLSP.

If they have problems with DIC claims, they should come here and I or someone  could help the VSO or Rep. DIC can be a very complex issue.

In the DIC issue we had here a month ago, the original vet- a member here- who wanted to file her claim ----crapped out right away and would not even open his web site email for me so I could see what he had done so far on the claim.

Another very well known advocate I had emailed, emailed me back the woman has just contacted him and he was glad I gave him the story because she was  changing it by then and had already filed a fraudulent claim. I wasted days and days trying to get the legal claimant on the DIC app, and there was a deadline ( Memorial Day 2017.) Miserable.

If anyone is reading this- and wants to help any widow or widower with a DIC  claim , send them here and tell them to read the DIC forums I am bumping something up there today.

 

 

 

 

Edited June 11, 2017 by Berta

[pwrslm]

Thanks Berta.

 

We have most of a claim now. John (vet) was diagnosed with Myeloid Lukemia (CMML-1). He went to the VA in Jan2016, the VA did nothing for him.  30 days  later He went to private Drs, they diagnosed the lukemia and treated, no VA involvement. Treatment failed, he is in home hospice now, fighting like a champ, but only has days. He should have been gone by now I think. 

1-The spouse has his Bronze Star for service in the RVN. She has his VHA ID card also. Cant find his DD214. We are using these 2 documents in leu of the DD214. Hope it works.

2-Bronze star states he was in RVN, boots on the ground should not be a question of fact.

3-We have a nexus letter stating more likely than not, based on Oncologists research that AO and the hydrocarbons assiciated w/it are known to cause myeloid lukemia, much like the wordage that I found at BVA when I did a search for myeloid lukemia. 

4-We also have a 200 page medical file from the Oncologist that gave us the nexus letter proving the current condition.

 

Statements from John and his spouse on this w/his history in RVN. Spouse is giving a letter detailing his medical trip since diagnosis. He is on pain meds and not able to help.

We have POA from him to his spouse. Cant get EBenefits account. We will fax and mail this (cert return rect) hopefully tomorrow. The first page of both is to get it expidited for hardship due to terminal illness. 

Think of anything more that this should include? We can get this submitted while he is still alive, but not much time left.

Edited June 16, 2017 by pwrslm

[Berta]

This is a Camp LeJuene bad water  award for CML:

https://www.va.gov/vetapp15/files6/1549515.txt

The famous Hupp Precedent case ( why we widows have Specific VCAA rights)

https://www.uscourts.cavc.gov/documents/Hupp_03-1668a.pdf

might be what I was looking for the other day.

Mrs. Hupp's husband had CML ( From AO)---I mneed to find that actual case....

She had challenged the VCAA in this CAVC decision.

VA failed to apply Hupp to one or two  of my claims after this precedent was won.

I think the family you are helping might have a bonafide case of VA malpractice.

 They probably have a copy of his DD 214 since they were treating him.Maybe he had registered the DD 214 in his county court house.

Lots of vets did that years ago to make sure they could always find a copy of it.

It has become, however, one way wannabees can get DD 214s to manipulate. It is a public record if registered.

He probably gave the SSA a copy when he retired.

I dont know what else you can do at this point except - can the wife come on line if she needs help here?

 

[Berta]

What are you trying to expedite? Does he have a claim in progress?

Does he have any SC % now? 

If there is a claim pending, what is the status?

Why cant she get  on ebenefits? Is it because they will ask her info on the D 214?  I think I had to give lots of info when I enrolled to ebenefits... dates , etc of service.???

Even with his POA, the wife will have to apply for substitution ,all that info is in our DIC forum.