Newly widowed, need guidance for continuing claim

[sailorswife]

So very happy I found this site!  My beautiful husband was a Viet Nam vet, Navy, 1959-1963. Sadly, he passed away April 3 of this year.  He fell very ill in December 2012, which started his fast decline with his health.  February of 2013, I started his disability claim.  He had been diagnosed  by the Veterans Hospital Psychiatrist with PTSD, as a result of combat.  The social worker also wanted us to claim for ischemic heart disease.   So I did.  I sought out the help of a "Specialist" through our county's Veterans Assistance.  I didn't find him very helpful.  

But, I submitted the claim anyway.  I was notified that I needed to add some info, so I did.  Some months later, we received a letter from the VA stating that they had received our info and they are looking into it.  In late summer of 2014, I contacted my Senior Senator, Dick Durbin.  I sent his office all of the paperwork that they requested.  Several months later, I received a letter from Durbin stating that the VA had contacted them and there wasn't a case.  The very next day, we received a letter from the VA saying pretty much the same thing.  

I had every intention of continuing to fight, but my husband's health was getting worse, I was working full time and trying to maintain our home and raise a teenager.  My life was chaotic.  It took everything I had just to get through each day.

 

Fast forward to now.  I contacted my Junior Senator, Tammy Duckworth back in May.  Sent her office all of the information.  Checking in with her office this week, I found out that my case hadn't even been assigned to anyone.  I was not a happy camper. I was assured that I will be getting a call within a week from someone who will be looking into my case.

In the meantime, I fear losing my house.  When Dennis passed, I lost almost $2000 per month.  There was no life insurance....long story.  I had no idea that this process would take so long, plus they haven't even started looking at it again.  

I seem to find out new stuff everyday.  He has a seizure disorder......AO causes that.  Ischemic heart disease......AO causes that.....plus, he had several strokes that were ischemic.  Were they related to AO also?

Any help, or suggestions from anyone would be greatly appreciated.

Thank you

[broncovet]

Probably one of the first things you need to do is file a 'substituition of claimant" if you have not already.  This will allow you to take his place (when filing claims in his behalf).  https://www.va.gov/vaforms/form_detail.asp?FormNo=21P-0847

[Buck52]

I agree with broncovet on this you become his benefactor  to finish working his claims .

Did your hubby retire from the military? if he serve in Vietnam in 1959-1963 THAT WAS A LONG LONG TIME AGO,  but even if he never had any of these conditions until recent years   just so you know there's not a limit to file on any condition that was cause by the military .

was your hubby S.C. And Rated any compensation? if yes what % was he rated at the time of his death? 

 you need to get someone to help you file on this or DIC,and  submit a notice of disagreement if you been denied on anything? unless you have already?

You need to request  your hubby C-FILE. & Check all the records that are in it  that maybe favorable to his claim.

the part I would question  is your hubby served in or around Vietnam during 1959 -1963? being a US Navy Veteran  as for as A.O. claims  some of the Blue water veterans are having a hard time establishing S,C, For the AO and the conditions on the A.O.List..unless he was boots on the ground?

I would suggest you hire a well experienced VSO or an experience Attorney or Certified Veterans Rep (VSR)...a lot of things that need answers have went unsaid  and you need answers ASAP  but do keep in  mind the Appeals limitations.

.A good Reputable  VSO or Experience Attorney/.VSR really needs to help you in all this.

However with that said, there were a lot of young veterans at the age of 17 who join the service back then under the signing of a mother or father.  and still do today.!

 

Edited July 21, 2018 by Buck52

[Berta]

I too am a widow of a Vietnam Veteran and am so sorry for your loss-

Buck asked the first question I have too-

"the part I would question  is your hubby served in or around Vietnam during 1959 -1963? being a US Navy Veteran  as for as A.O. claims  some of the Blue water veterans are having a hard time establishing S,C, For the AO and the conditions on the A.O.List..unless he was boots on the ground?"

The Blue Water Navy new legislation has passed th House and hopefully will pass the Senate- so there is always hope for Blue Water Navy veterans-but how does he fit into this regulation:

For the purposes of VA compensation benefits, Veterans who served anywhere in Vietnam between January 9, 1962 and May 7, 1975 are presumed to have been exposed to herbicides, as specified in the Agent Orange Act of 1991.

https://www.publichealth.va.gov/exposures/agentorange/locations/vietnam.asp

When was he on Vietnam soil and where?

What ship was he on before he entered Vietnam? Some ships are presumptive to AO.

I have many articles and posts here on Agent Orange and also a lot in our DIC forum.

Did you formally file for DIC on a 21-534 form?

The Accrued benefit is part of that form.

I think the best thing you can do at this point, is to scan and attach here any denials yuu have received from the VA on the Accrued claim as well as if they denied DIC already.

Cover your C file # ,name, address, prior to scanning it-

We dont need the regulations they enclosed=- we need to see in their words, why the claim was denied ad please scan the Evidence list they used. And this letter-

 " The very next day, we received a letter from the VA saying pretty much the same thing.  "

Have you applied for and received any SSA widow's benefits or anything for your child,if they are under 16?

My husband (USMC Vietnam) died at 47 years of age due to AO Ischemic heart disease, with multiple ischemic strokes contributing. An additional claim I filed revealed he had also DMII from AO.I understand how overwhelming this can .

We dnt have enough info here and the scans would help a lot- redact C file # ,name, address,prior to scanning them.

What was the exact cause of his death under # 1, and also # 2 on the death certificate?

 

 

 

[Berta]

to add:

"you need to get someone to help you file on this or DIC,and  submit a notice of disagreement if you been denied on anything? unless you have already?"

Have you filed a Nod yet?

"February of 2013, I started his disability claim.  He had been diagnosed  by the Veterans Hospital Psychiatrist with PTSD, as a result of combat.  The social worker also wanted us to claim for ischemic heart disease.   So I did."

That was over 5 years ago-does his DD 214 reveal any combat awards?

What was his MOS in Vietnam? I am assuming they denied for PTSD and you formally filed a NOD on their denial???? I also assume he had a C & P exam for PTSD......?

I know -lots of questions-

but DIC claims and accrued claims can become very difficult to succeed in.

We really need to see what VA stated, as to any denials.

I have plenty of DIC info in our DIC forum here and also we have an AO forum-

If he was denied for ischemic heart disease  and was in country Vietnam, after January 9, 1962, and denied for AO IHD in his lifetime- he might well be a Nehmer AO veteran --------not enough info here yet to know.

Do you have copies of all of his private and VA medical records?

Do you have a copy of his inservice SMRs and NAV201 file?

 

 

[Buck52]

Seems I may be Miss understanding some things ...unless this widow has just recently married to this veteran in the past few years and or had small children before they married?

 This veteran he was in RVN in 1959-1963 (unless these dates are wrong?)  then he has to be on up there in his age at time of his death, and this widow has teenagers,  so this must been a newer marriage  but as long as they were married at the time of his death  then everything is a go.

However a lot of your men at the age of 17 joint he military  with the signature of a parent. and I am fairly sure they still do it today.

Edited July 21, 2018 by Buck52

[Berta]

Buck-as I understand this-the deceased veteran was in the NAVY 1959-1963. 

We don't kow yet if he was Boots on ground, or on an AO presumptive Ship- th updated ship's list from VA is here under a search-

also the Naval was involved in countless battles during the Vietnam war-

I dont see the problem with his dependent children- remember VA considers adopted, step children ,and natural children all as children of the veteran, if they live with the veteran.

You said :

 "but as long as they were married at the time of his death  then everything is a go." There is more to that regulation.....

Whether a state- recognized Common Law marriage or a state recognized same sex marriage or regular marriage -that does not matter,but the marriage must be at least one year prior to the veterans death.

This is why Carlie's wife could not get DIC-they had only been married for  about 7 months ,legally-in a same sex marriage state. 

There is more to all of that- all searchable here-he might have been in Brown water ( tributary, river etc, in Vietnam and alot of those vessels are already AO presumptive as to the sailors who were in them.

If we get more info as to what the VA sent to this widow and it will need to include whatever VA sent to him in his lifetime-we can help more.

I am really parsing the VA regulations on children and marriage requirements=- it is all here at hadit under a search.