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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Poopsy Woopsy

tidlywinky

Question

my husband was 70% PTSD with GAF score of 50% Viet Nam Vet.. He was killed by the VA 41/2 years ago, and so I receive Pension on those grounds.

But before "They killed him"  we had 3 claims pending:

Agent orange (needed to prove in contiguous waters) They are denying AO because he was on a ship and a "Secret Mission" so very hard to get verification. (waiting on C-Files).

Aid and Attendance : ( I took care of him for several years)  A&A : Outright denial.. He was on oxygen, 80 pills a day and 5 shots a day.. I also have recorded (from another non VA hospital.. he could not take care of any daily activities.  So why the denial.. We were denied twice before he died.

TDIU : back pay since (at least) PTSD rating. Beyond, because of Gross negligence on the part of the VA (Not including conceeding his death) which has all been very well documented. 

WHAT I NEED TO DO NOW IS!! figure out how to remove an old Social Security claim. (back trouble, of which he was receiving care for at the Va) but it should not "Supersede"  his claim for TDIU.. (of which we had not been receiving any monies for, for a very long time. I don't know how to move forward.  How would I get it removed or make the VA not use the SSI to deny his Unemployability claim???

I don't think going to SS office would be beneficial because it has been a "Mute" point with them for a long time.. So I am assuming it would lie somewhere within the VA system. BUT WHERE?? WHO?? and HOW?? 

 

 

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tidlywinky

Welcome to Hadit.

These question can be better answered by Ms Berta She is the expert on questions like these and they are good questions. she usually is on Hadit in early AM, So maybe she will your post in the morning   although she might get on later this evening  she is a busy busy lady in her community.

your hubby died in 1976/77? 41 years ago  ..what dates was he in RVN? (Vietnam)?

I'm sure there are ways to reopen all these claims or reconsider them.

I know she will ask you what the cause of your hubby death was?  what the name of his ship he was on docked at Vietnam waters? and did you request an autopsy? if your hubby had appeals with his claims at the time of his death? did he have a NOD in?. and medical prof or medical records to show the VA was the cause of his death.

Did your hubby have any claims for Agent Orange Presumption?

As for as him getting SSDI? That should help when applying for IU...Because he could not work due to his S.C. Disability's from the military...for which he was Service Connected for at the time of his death. 

but these are good questions for Hadit Elder Member Ms Berta..she lost two hubby's due to the VA.

And as worked her hubby's claims and was successful   ..she spent a many late nights up reading  and understanding the CFR's and going though all her medical records and also a Graduate from American Military Institute! 

Edited by Buck52

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Buck-I lost one due to VA health care- and the other due to brain tumor- operation was a success, but he never came home.OOOPs that is American Military University! First civilian there - and Graduated with Honors

and the VA paid for it. HA HA!!!!!

Poopsy  Woopsy-I will try to find your past posts-

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1 hour ago, Poopsy Woopsy said:

my husband was 70% PTSD with GAF score of 50% Viet Nam Vet.. He was killed by the VA 41/2 years ago, and so I receive Pension on those grounds.

But before "They killed him"  we had 3 claims pending:

Agent orange (needed to prove in contiguous waters) They are denying AO because he was on a ship and a "Secret Mission" so very hard to get verification. (waiting on C-Files).

Aid and Attendance : ( I took care of him for several years)  A&A : Outright denial.. He was on oxygen, 80 pills a day and 5 shots a day.. I also have recorded (from another non VA hospital.. he could not take care of any daily activities.  So why the denial.. We were denied twice before he died.

TDIU : back pay since (at least) PTSD rating. Beyond, because of Gross negligence on the part of the VA (Not including conceeding his death) which has all been very well documented. 

WHAT I NEED TO DO NOW IS!! figure out how to remove an old Social Security claim. (back trouble, of which he was receiving care for at the Va) but it should not "Supersede"  his claim for TDIU.. (of which we had not been receiving any monies for, for a very long time. I don't know how to move forward.  How would I get it removed or make the VA not use the SSI to deny his Unemployability claim???

I don't think going to SS office would be beneficial because it has been a "Mute" point with them for a long time.. So I am assuming it would lie somewhere within the VA system. BUT WHERE?? WHO?? and HOW?? 

 

 

I assume your husband died 4 and half years ago?  Of what did he die?  How long have you received a “Pension?”  What amount is the “Pension?”  Are you familiar with DIC?  What’s annotated on his Death Certificate as to the cause of death?   Was your husband in the Navy and if so, did he ever go into Vietnam at least once? Meaning his boots touched the soil in the Republic of Vietnam.  If Navy was the Service was he always blue water or a combination of blue and brown water?  This makes a difference, too.

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Buck-I lost one due to VA health care- and the other due to brain tumor- operation was a success, but he never came home.OOOPs that is American Military University! First civilian there - and  I Graduated with Honors

and the VA paid for it. HA HA!!!!!

Poopsy  Woopsy-I will try to find your past posts-

Ths one had a few unanswered questions:

Did you ever check the VA AO's ships list ?

What was his MOS?

Can you scan and attach here the denial letters as to their reasons and basis for the denials?

A & A is more difficult than getting SMC S- 

 "How would I get it removed or make the VA not use the SSI to deny his Unemployability claim???"

If his SSI was for  for a NSC condition-there would have to be other evidence to prove unemployability, for a better EED.

But I am just guessing- we need to see the denials from the VA.

Cover C file #, name, address prior to scanning them and they can be attached here, under the "choose file" thing below.

I hope I mentioned in that link- my daughter was Top Secret Classified and the USAF told her they would declassify her MOS for VA claims purposes.But I dont know how that works. She has never used the VA.

He has 70% for PTSD- so the VA knew what ship he was on and he had a stressor ,potentialy due to the Secret Mission.

I understand you go get DIC but I think it is direct SC DIC and not 1151/FTCA  DIC.

I had to use a lot of evidence to prove they caused my husband's death.

I also asked for the complete unit designation he has on his DD214-

what  I mean is my husband was 1stMARDAV, Ist Amphibious Tractor Battalion. Danang 65-66.

Perhaps ( I have the complete USMC Vietnam War History I could pinpoint some secret missions, he might have been a part of.)

The entire Vietnam War has been declassified, much since the Pentagon Papers were printed.

But his secret mission would not even be an issue however if he served on one the AO SHIPs, on the VA's AO Ships list.

What ship was he on? And when ?

Brown water boats, poontoons etc, any vessels that went into Vietnam tributaries - many on the VA AO Ship's List-

This info would be found in his NAV-201 file I am sure-

 

It can be requested from NARA along with his SMRs.

 

 

 

 

Edited by Berta

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