ptsd Opinions Needed From

[Berta]

This AM the post by Tim re PTSD and heart disease caused me to think abut one of my claims that I seem to forget.

Does this make sense-

Rod's Sec 1151 claimed PTSD malpractce as well as possibly heart disease and strokes-malpracticed against him that could"eventually cause my death." His words-

awarded posthumously by VA- by their statement that " Multiple Deviations in a usual standard of care had occurred and all of these deviations hastened the veteran's death." Sec 1151 award letter.

He claimed the PTSD was malpracticed for many reasons- substantial ones with merit and also said to me before he died that, in essense-His SC PTSD had put him into harm's way as he was forced to go to VA for med care as there are no PTSD shrinks around anywhere else.

He died never knowing his claim was awarded.

I have a current claim in addition to AO death claim due to PTSD a service connected disability as contributing to his death.

I also have a claim suggesting the the PTSD compenent of his initial Sec 1151 claim

was an open issue, never resolved by VA.

They sent me a letter on this stating that the PTSD was in fact one compenent of ALL deviations,in the Sec 1151 award.Thus this PTSD 1151 issue had been resolved (By their very first admission in a decade hat PTSD was part of the Section 1151 award.

In addition to other evidence to support this specific claim

(although my main focus has been on the AO death claim)

the VA re-opened an old claim via a Motion at the BVA on this same issue-(I think)

My question is-

the VA is saying that a SC condition (Rods PTSD) did contribute to his Sec 1151 death.

It certainly caused his HBP to raise. His HBP -undertreated medically -was also a significant factor under FTCA report -in his death-

Why would a direct service connected disability -with this medical contribution -not provide for a Direct SC death?

As I understand the regs and the NVLSP explanation of them- a SC condition must materially or substantially contribute to death-and that it aided or lent assistance to the production of death.

In Rod's case he got the employee shrink for 5 years- no PTSD help there- and no medications for all those years.

It took congressional intervention to get him to the real PTSD shrink- a real psychiatrist-

He was denied access to the combat group because he was only 30% yet SSA award showed he was 100% 3 years before he died.

His other VA employee shrink said "My God I had no idea he was that sick from PTSD"after 5 years of inadequate and unmedicated care. when I showed him the 100% award letter.

The fact that the VA admitted in Jan 2006 that the PTSD component had contributed to his 1151 death-

as a direct SC disability-would this not have credence that his death should have been directly service connected?

I am still wondering about that Motion they filed at the BVA and just dont have the time to check it out-

The VA treated Rod as employee not a disabled veteran-

this is one reason he was given sudafed for a heart attack and not admitted to the VAMC.

M21-1 doctors directives at that time stated (and I used this in my FTCA claim) to get the employee back to work ASAP-

Had his care that day been as treatment of a SC vet- things might have been different.

Any thoughts?

My AO claim has much more evidence than this one-

I filed this because I cannot forget some of Rods points-PTSD had in fact put him into harm's way.

If this all doesn't make sense please let me know.

I seem to have more problems in my claims then anyone elses- they are still very emotional to me.

It appears VA is working on this claim too.

Edited February 19, 2007 by Berta

[carlie]

Berta,

"My question is-

the VA is saying that a SC condition (Rods PTSD) did contribute to his Sec 1151 death.

It certainly caused his HBP to raise. His HBP -undertreated medically -was also a significant factor under FTCA report -in his death-

Why would a direct service connected disability -with this medical contribution -not provide for a Direct SC death?"

I would agree that Rod's death could be direct SC, it seems like it would be secondary to the 1151. Being that Comp claims can be awarded on secondary conditions it does make some sense to me that an 1151 could have secondary issues granted.

Sorry for your sadness.

Im certainly no legal beagle, just jmho,

carlie

Edited February 19, 2007 by carlie

[Objee]

Berta,

The analytical problem you're having is due to it being your and Rod's case. Were you to substitute "Joe" for Rod and

"Gloria" for Berta, you'd have little problem structuring the process for this other vet's widow. Same reason a surgeon

can't operate on a relative. Step back from the names involved and adjudicate this yourself as you would for any of

the vets you regularly help. Hard to do, but necessary.

You are, without question, the most capable member of this forum in accomplishing these types of tasks. The more directly

a SC condition contributes to an 1151 death the stronger the probative element is. You have had success telling the RO & BVA

what decisions they should render because you set your arguments forth in concrete. The important thing is that this enables

you to define the argument. Were you to present your case in person, it'd be easier. But you're ex parte and have to

do it in your briefs. Detach yourself emotionally (as much as you can) and do what you do so well.

Best of luck!!

Ralph

This AM the post by Tim re PTSD and heart disease caused me to think abut one of my claims that I seem to forget.

Does this make sense-

Rod's Sec 1151 claimed PTSD malpractce as well as possibly heart disease and strokes-malpracticed against him that could"eventually cause my death." His words-

awarded posthumously by VA- by their statement that " Multiple Deviations in a usual standard of care had occurred and all of these deviations hastened the veteran's death." Sec 1151 award letter.

He claimed the PTSD was malpracticed for many reasons- substantial ones with merit and also said to me before he died that, in essense-His SC PTSD had put him into harm's way as he was forced to go to VA for med care as there are no PTSD shrinks around anywhere else.

He died never knowing his claim was awarded.

I have a current claim in addition to AO death claim due to PTSD a service connected disability as contributing to his death.

I also have a claim suggesting the the PTSD compenent of his initial Sec 1151 claim

was an open issue, never resolved by VA.

They sent me a letter on this stating that the PTSD was in fact one compenent of ALL deviations,in the Sec 1151 award.Thus this PTSD 1151 issue had been resolved (By their very first admission in a decade hat PTSD was part of the Section 1151 award.

In addition to other evidence to support this specific claim

(although my main focus has been on the AO death claim)

the VA re-opened an old claim via a Motion at the BVA on this same issue-(I think)

My question is-

the VA is saying that a SC condition (Rods PTSD) did contribute to his Sec 1151 death.

It certainly caused his HBP to raise. His HBP -undertreated medically -was also a significant factor under FTCA report -in his death-

Why would a direct service connected disability -with this medical contribution -not provide for a Direct SC death?

As I understand the regs and the NVLSP explanation of them- a SC condition must materially or substantially contribute to death-and that it aided or lent assistance to the production of death.

In Rod's case he got the employee shrink for 5 years- no PTSD help there- and no medications for all those years.

It took congressional intervention to get him to the real PTSD shrink- a real psychiatrist-

He was denied access to the combat group because he was only 30% yet SSA award showed he was 100% 3 years before he died.

His other VA employee shrink said "My God I had no idea he was that sick from PTSD"after 5 years of inadequate and unmedicated care. when I showed him the 100% award letter.

The fact that the VA admitted in Jan 2006 that the PTSD component had contributed to his 1151 death-

as a direct SC disability-would this not have credence that his death should have been directly service connected?

I am still wondering about that Motion they filed at the BVA and just dont have the time to check it out-

The VA treated Rod as employee not a disabled veteran-

this is one reason he was given sudafed for a heart attack and not admitted to the VAMC.

M21-1 doctors directives at that time stated (and I used this in my FTCA claim) to get the employee back to work ASAP-

Had his care that day been as treatment of a SC vet- things might have been different.

Any thoughts?

My AO claim has much more evidence than this one-

I filed this because I cannot forget some of Rods points-PTSD had in fact put him into harm's way.

If this all doesn't make sense please let me know.

I seem to have more problems in my claims then anyone elses- they are still very emotional to me.

It appears VA is working on this claim too.

[Hoppy]

Berta,

This is my take. I hope I understand the events.

They could be saying that the medical mal-practice caused his death not the medical condition. Thus, you can not get both a malpractice settlement for cause of death and direct service connection for cause of death. It is one or the other.

[Pete53]

My take is a 1151 Claim establishes Service Connection. A Veteran from Texas won this Victory in the early 90's and it turned the VA on its ear cause before that it was fairly routine that even after a Vet won their 1151 claim that would be it and no service connection would be established.

So if an operation or a treatment were shown to win a claim it became ratable and service connected.

When you think about it is only fair.

Anyone who can take the DAV on and the VA and win can get a grip on these issues. I agree with Ralph thought it would be a lot easier for you Berta if it was someone else than your's and Rod's claim.

Although I get angry with the high handed way the VA treats us I think that eventually they end up doing the right thing. You just can never afford to give up.

[Berta]

Thank you all-

You all have a very good understanding of my AO claim-

Sec 1151 deaths are not the same as direct SC death-

there is no Peace with Honor knowing I get DIC because the VA killed Rod- how can he possibly rest in peace until this is properly decided.

The VA has to acknowledge that they caused the death of a AO vet by not treating the results of his exposure to AO.That is the key issue-

a direct SC disability causing/contributing to death-

The VARO has ignored the medical facts- although it is back in the rating board but Regional Counsel (we discussed briefly when he got my SF 95 charge and he still had my FTCA file) fully got it too-like you all did.

When the Agent Orange Settlement Lawsuit judge awarded Rod the AO settlement fund payments- he wondered just what it was that the gov had actually done that caused vets to suffer from disabilities due to the herbicide.

This was prior to many of the additional AO conditions.

If a vet was Vietnam, and MOS was in the AO spraying area- with a 100% award from SSA for anything-(SCed or not) they were eligible for the AO suit payments.

I have to see this through for Rod-

I can fight about any $$$ that results from it-I didnt even think there was $ involved when I filed this claim.

I just want my husband to get a proper diagnosis- finally-from the VA.

And he will have Peace with Honor.

The VA saves countless lives everyday- many doctors and nurses are excellent and dedicated people at VA-

but we are not doctors and often cannot even imagine that medical care might be all wrong.

It is still a shock to me that although I proved they malpracticed on 2 major disabilties he had- heart disease and brain strokes-

but that this newer claim revealed they had buggered him more than I thought-

and they had ample opportunity in 1988, to correct this new malpracticed condition I found, treat him better medically,and could have saved his life.

And he would sure be here at hadit helping other vets.

Thank you all- I realised that every time I open these claim files here for Rod -I drift off to memories-

and I get angry and sad all over again.

And then none of this personal VA claims stuff seems important to me-and it hurts to look at it.

I still do have trust and faith in the hundreds and hundreds of men and women who serve veterans as medical practitioners at every level.We had one of the best PTSD shrinks in the whole USA at Bath VAMC for many years.He was Vietnam vet himself and a legal alien, migrating to USA and then serving in our mil.

The VA OIG report of 2005 that I posted link here to many times- and quoted in a letter to Senator Craig says it all-

this was results of a survey of DROs and raters.

Many of us get lousy decisions because they just do not have the time it takes to properly read all the evidence.

Anyone checking the decision doesnt have any time either so they just sign off-

A proper VCAA notice triggers a little more attention to the claim-so why even send them out-

Keeping your claims and any additional evidence with a cover letter as short as possible-

focusing solely on the medical criteria you need and the evidence you have that fulfills it-

helps to get a proper decision -in my opinion.

Long war stories are useless.

For PTSD questionnaire-in my opinion-

I think it is still done with a month by month TOD page-

state the most prominent stressors that are the most easy for them to verify-

and state time, date, place- unit-op name , anything at all that the people at CURR can use to verify it happened.

Before monsoons or after-

what was Hanoi Hannah talking about in the US news,

before or after a major holiday? there are many ways to pinpoint when and where stressors occured.A good date estimate helps CURR considerably.

[Berta]

Thank you all-

You all have a very good understanding of my AO claim-

Sec 1151 deaths are not the same as direct SC death-

there is no Peace with Honor knowing I get DIC because the VA killed Rod- how can he possibly rest in peace until this is properly decided.

The VA has to acknowledge that they caused the death of a AO vet by not treating the results of his exposure to AO.That is the key issue-

a direct SC disability causing/contributing to death-

The VARO has ignored the medical facts- although it is back in the rating board but Regional Counsel (we discussed briefly when he got my SF 95 charge and he still had my FTCA file) fully got it too-like you all did.

When the Agent Orange Settlement Lawsuit judge awarded Rod the AO settlement fund payments- he wondered just what it was that the gov had actually done that caused vets to suffer from disabilities due to the herbicide.

This was prior to many of the additional AO conditions.

If a vet was Vietnam, and MOS was in the AO spraying area- with a 100% award from SSA for anything-(SCed or not) they were eligible for the AO suit payments.

I have to see this through for Rod-

I can fight about any $$$ that results from it-I didnt even think there was $ involved when I filed this claim.

I just want my husband to get a proper diagnosis- finally-from the VA.

And he will have Peace with Honor.

The VA saves countless lives everyday- many doctors and nurses are excellent and dedicated people at VA-

but we are not doctors and often cannot even imagine that medical care might be all wrong.

It is still a shock to me that although I proved they malpracticed on 2 major disabilties he had- heart disease and brain strokes-

but that this newer claim revealed they had buggered him more than I thought-

and they had ample opportunity in 1988, to correct this new malpracticed condition I found, treat him better medically,and could have saved his life.

And he would sure be here at hadit helping other vets.

Thank you all- I realised that every time I open these claim files here for Rod -I drift off to memories-

and I get angry and sad all over again.

And then none of this personal VA claims stuff seems important to me-and it hurts to look at it.

I still do have trust and faith in the hundreds and hundreds of men and women who serve veterans as medical practitioners at every level.We had one of the best PTSD shrinks in the whole USA at Bath VAMC for many years.He was Vietnam vet himself and a legal alien, migrating to USA and then serving in our mil.

The VA OIG report of 2005 that I posted link here to many times- and quoted in a letter to Senator Craig says it all-

this was results of a survey of DROs and raters.

Many of us get lousy decisions because they just do not have the time it takes to properly read all the evidence.

Anyone checking the decision doesnt have any time either so they just sign off-

A proper VCAA notice triggers a little more attention to the claim-so why even send them out-

Keeping your claims and any additional evidence with a cover letter as short as possible-

focusing solely on the medical criteria you need and the evidence you have that fulfills it-

helps to get a proper decision -in my opinion.

Long war stories are useless.

For PTSD questionnaire-in my opinion-

I think it is still done with a month by month TOD page-

state the most prominent stressors that are the most easy for them to verify-

and state time, date, place- unit-op name , anything at all that the people at CURR can use to verify it happened.

Before monsoons or after-

what was Hanoi Hannah talking about in the US news,

before or after a major holiday? there are many ways to pinpoint when and where stressors occured.A good date estimate helps CURR considerably.