Could we please get help on my husband's decision in my husbands C-file?

[Vet Dog and wife]

 

found some more interesting documents in my husband's C-File. we are also ordering more recent medical files so I am going to reorganize his documents, add the new ones, and repost them later.

Thank you again,

This site is amazing in how you help so many in need.

 

 

 

 

Edited May 8, 2018 by Vet Dog and wife
Add our appreciation for the help

[Vet Dog and wife]

Hi Berta, you and several members had recommended that my husband ordered his C-file so you could see why they had made certain decisions with combining his TBI and PTSD. you wanted me to post it so you try to understand the VAs reasoning. you also mentioned some the possibility of requesting A&A, SMC, and some other issues, but the c-file was needed first. we just recently got it and I have been trying to understand all of this, but it is new to me and my husband is a little stressed with posting his personal info online. we both appreciate all the help you have given us and all the other people needing your help.

Thanks to all, and sorry about any extra work we may cause you 

[Berta]

I suggest,since the American Legion represented him before, they might be willing to help with a new claim for SMC S or even at a higher level than S

This is why different threads and different names confuse us:

I found another post you had made-

 

“Before his previous wife died, she became to sick to manage his medication, so his VA doctor had a nurse coming to their home to manage his medicine. I know on several occasions VA doctors have offered to put him in a VA home after his wife died. He was also assigned a fiduciary after his wife passed away and has always been under the supervision of a fiduciary. 

Many times, my husband has gotten treatment for PTSD and has had to be admitted to the hospital several times for issues related to PTSD. He has been on medication for panic attacks, and sleep disorders. “

I assume VA hospitals? 

This information should be found in his VA medical records by date, and provided to the VARO along with the claim for SMC. And to the VSO if you contact the AL.

He will be set for a C & P exam and the VA examiner will use the form I have link to here.

This is how CUE claims can succeed…..if  the VA awards SMC S for housebound , due to the new claim, they will award back to the date of the new claim.

Then- if the medical records reveal that when they considered SMC but said he did not meet the criteria ,in the November 1999 decision,

that would raise to the level of a valid cue under 38 CFR 4.6, -if the VA had in their possession those records that should have warranted a grant of  SMC  in 1999.

There is also the issue of PTSD. That too should be a formal separate claim and if he succeeds in that claim, then the 9304 Diagnostic code should be revisited as a potential legal error, in the Nov 1999 decision. I think best to let a VSO determine that.

You mentioned something like 500 pages - was this all C file pages or did they include his VA medical records?

I became a VA claimant in 1995, and have had multiple issues with them ever since, but I sure dont think my C file holds that much.

My husband's medical records however might be well over 500 pages.

The VSO should have copies of the decision- and specifically the Nov 1999 rating sheet and decision, and 

would want to see anything in his medical records that should have warranted SMC sooner, if you raise the CUE issue with him/her.

I dont know how this works- someone here will know-the veteran has a fiduciary.

Would that be any issue if he files a new claim?

 

 

 

[Vet Dog and wife]

Husband has been sick, was in the hospital, so it is taking a little time to  gather info to answer questions.

A complete C&P report from the VA Doc, including PTSD and Dementia due to head trauma.

independent psychological report with similar information, and some buddy statements.

Thanks for all your help everyone

 

 

 

 

 

 

Edited May 8, 2018 by Vet Dog and wife
add info

[pwrslm]

Hi Vet Dog & his wife.

Is there anything in the CFile from the 80s that show what they did with your NOD and appeal? There should be a decision, otherwise that claim is still open.

[Berta]

Good point Pwrslm!!!  that would change everything.

In the Psyche consultation ,dated 8-20-1999 it says he had to give up his drivers license, due to his “neurological impairment”. Everything in that report ,to ,me. should have warranted SMC HB.

I cant tell where the report came from. If this is not listed on the decision that said he was not eligible for SMC ( they stated that differently but same thing), then this would warrant a CUE under 38 USC 5107a, and is a violation of 38 CFR 4.6. It seems to have come from a licensed psychologist in Watsonville, CA.

That in addition to the need for a fiduciary is evidence they might never have considered when they denied SMC.

Also in another report it states he was unable to drive  and had some accidents- all due to the  brain trauma.

Are you his fourth wife?  Apparently none of his spouses were considered for the dependence allowance-if he re-opens the claim, the VA would need to have more current info as to any spouses since the last VA decision, divorce papers and also a copy of your current marriage license.Also they pay dependency allowance for children under 18 if still in school- natural child, adopted child or step child.

In the PTSD C & P report dated 08/27/99 it mentions his GAF at 24 and also that he had other stressors in the military.

I am unable to zoom the docs to be more readable and now I cant find the older decisions.

If the VA had that Psyche report ,dated 8-20-99, listed as evidence ,it appears they did not read it.

I assume they had it because I assume it was in the C file.

When I find the decision, in another thread here- I can determine how to shape the CUE claim.There is no doubt in my mind that he should have been awarded SMC long ago but VA doesn’t care what I think. They would care if a valid CUE is filed.

Have you and your husband relocated to the US by now?

You could still try to obtain a VSO even if not stateside yet, to help you via email.(I think).

Did he ever apply for SSDI or SSI?  Is so does the fiduciary handle that money too?

I get nervous when I see the word fiduciary----but that is beccause of the fiduciary scandal years ago- when the VA appointed   some convicted felons to be fiduciarys for disabled veterans. What a disgrace.

 

 

 

 

 

 

 

 

 

[Berta]

Correction-I believe you said in another thread that his wife has died before you met him. VA will need a copy of her death certificate.

I am bringing this up now, to give you time to get these documents together ,because at some point ( like if VA makes a favorable decision on ay new claim) VA will need this info,updated  as I assume you are not listed as a dependent yet?