NOD for deceased husbands claims

[Poopsy Woopsy]

i am in an NOD for TDIU  thus asking accrued thru PTSD. The more work I do the more I find out the more I should have done or I guess my VSO. As in earlier posts, I have said that the only reason they denied the TDIU (which to me was obvious), is they denied it because of an old SSI claim for his back. I will "state" in my NOD that it should not supersede the TDIU/PTSD because I can add some presumptive info that started "Before" the back claim.. (I don't know if it will be as determinative to them, as PTSD can be elusive) Again I'm not sure thats what they even want. It seems they just want me to put in "Words" that it is not predicated on the back situation, which by the way back issues are in his VA med records as a condition as well, but I found where VA stated the back was stable. In doing all this (thru good info like you get here) I realized my husband should have been 100% for DMII. He met all the requirements for 100%. DMII it was originally claimed thru A.0. (along w CHF, ED, PN,) which I hope the new ruling as of Feb will change that. (we could not prove in country  because he was on ship, (did what you said Berta, got records asking for info stating ship etc, but they stated because of PII, I wouldn't receive such info. I do have his ship listed on the presumptive list so it all seems obvious. Do "I" have to Resubmit or do they just re-rule on the claim.  ANYWAY, back to my original point! Can and "Should" I add evidence stating proof he fits the 100% criteria for DMII. and ask for Re-consideration of DMII on presumptive or secondary grounds on the NOD??. (Or do I have the right to, (or shoud I)  resubmit it seperately, even though it was previously part of a closed claim) The AO is closed because of "No further proof" but should I not be able to re-direct his DMII on the NOD as a secondary to his PTSD instead? or even presumptive because of so much medical evidence in his VA med files. I am so determined to make them pay for what he "deserves" but I get lost with emotion, and then get lost with where I should go with all the information. What I don't understand is there is a huge amount of medical files all positive for everything claimed, so don't they have a "Duty to assist"  in getting it and figuring it out?  "Some" of the medical evidence but not much in respect to how much evidence there is, is in his C-files, so "is it" really as easy as sending "more" medical evidence that sits their right in his medical files for them to see?     I read where Berta stated not to re-state things that are obvious, so as not to assume "Ignorance" on their part or that they are not doing their job. (I realize they are just "Pawns" in the game) so some more direction would be very helpful to me. Been away for a bit because it takes such consentration with so much information,  realizing the more I find out the more work I have to do.   SOOOO afraid of making a mistake.  AND NO!!! I am too committed to this to hand it over to someone else at this point.. Except for asking verification from my VSO.

P.S. got a new printer so I could send receive or copy info now to help with any info received or replied to. Thanks everyone.. You are what grounds me!!    

[Berta]

"P.S. I know I have exausted you so I am going to ask: Do you want answers to your last questions?"

No, that's OK Poopsy Wootsy-

I think your best bet is to focus on any potential AO retro, with proof of all of his AO presumptives and also the fact he was on the VA's ship's list.

The retro from any AO award could possibly be more than fighting over a TDIU award, in my opinion.

A higher rating of his PTSD would not depend on anything but documented medical evidence.

That is the only way I was able to get my husband's rating from 30% to 100%. They ignored his TDIU form but I assumed they could not award TDIU to a dead veteran,( I could be wrong) but  they would have to award 100% instead. I knew his PTSD was far greater than 30% when he filed the PTSD and TDIU claim, but I never made any personal statements on his PTSD and how it affected the whole family. 

Unfortunately his main MH psychologist did not document anything for years, from his monthly appointments.

He was the VA's employee psychologist and did not trust the VA, so he never documented anything ( my husband had worked for VA) but 

But finally after a royal battle , I got him to their actual PTSD psychologist, who did extensive testing on him, and 

documented everything but the actual hypnosis sessions, that were taped . Also my husband was hospitalized by VA twice for PTSD, once in the 21 day inhouse program, and once due to my Congressman's intervention.

This was all documented evidence and the level of his PTSD  was deemed as "catastrophic" by  his MH VA PTSD psychologist  in a lengthy  assessment  document he wrote, that SSA and VA had, in his lifetime. It is chilling to read. VA had denied the Higher rating for PTSD claim until they got that document and the SSDI award.

 

 

 

 

 

 

 

 

 

 

Edited March 6, 2019 by Berta
added more

[Poopsy Woopsy]

Just one more "Quick Question!  

If all those diseases they gave him SC, Granted as contributory, (on VA's Death Decision letter) 

how come he doesn't have a rating for them ? They have been claimed before!

Lost again!! 

Thanks Berta. I am so sorry you went through so much. Especially when I have a really good idea of it all..

[Berta]

Hill and Ponton ( vet lawyers) advise requesting any missing  Rating sheet from the VA

https://www.hillandponton.com/rating-code-sheets-demystifying-va-ratings-compensation/

They also advise that, if a POA handled the claim, they might have that info . (or  maybe-in my opinion, be able to get it faster  than a claimant's  request to the VA.)

It is possible they did not rate the DMII because they denied due to no "boots on ground" ,yet with proof of the ship's list exposure he had, they would have to posthumously  rate the DMII.

It might become a Nehmer claim, under Footnote One, as mine was - and it fell into the "should have been coded" part of the nehmer Court Order because my husband's IHD was never diagnosed or rated by the VA, yet was part of the DIC wrongful death award, and the prime cause of his death.

 

I have explained Footnote one in our AO forum with the help of Rick Spataro, Head Nehmer lawyer at NVLSP.

VA put the ratings of three of my issues into the Nehmer decision. There was no specific Rating sheet.

My original DIC award did contain a full rating sheet.Missing from it however , were ratings for some of the malpracticed issues , recovered under CUE.

I think a formal AO claim, specifically for DMII and/or IHD, and any other presumptive he had will trigger a full posthumous exam of the established medical record he had, to determine the ratings.

VA, by time of Nehmer , already had from me ,a timeline of the very first evidence my husband had for IHD....in his established medical records.

I had previously done a complete timeline ( based on the established medical records) for his undiagnosed/untreated DMII, which they have never rated.I also had 3 IMOs.

I got all I wanted from that decision, and could CUE it ,but I am satisfied with their award because it was their 3rd death decision and it was for direct SC death, as the newer 4th IHD DIC award was ,as well.

The IHD retro covered a 6 year period of VA malpractice for the IHD.

Due to my timeline- based solely on VA medical records.

If I had no proof of AO exposure (my husband was with 1stMARDIV 65-66 Vietnam)I do not feel VA would have done any type of posthumous C & P exam to rate the IHD, if they did not consider him as a Vietnam incountry veteran.

A full autopsy had been done as well, because my husband was an organ donor and that supported all of my 1151/FTCA issues. Also a Peer reviw that supported my charges was "missing" from the VA until I ordered my C file. The 6 page review (that VA told me had Never existed) was right at the bottom of my C file.

I had to fight the FTCA issue without it but used it for my AO IHD claim.

You could request the rating sheet Via the IRIS system, if there was no POA on the diabetes denial decisions.

But I dont think they will ever rate the DMII until the AO claim is received, along with  proof of exposure.

 

 

 

 

 

 

 

 

Edited March 7, 2019 by Berta