newsletter articles

MAY 2011

A Widow’s Story of Survival

Lance Corporal R.C. was a Vietnam veteran who served honorably in the United States Marine Corps for three years. After completing his military service, he returned to civilian life but things never returned to normal. He retreated into a dark abyss of mental anguish and social isolation. He rarely left his home, even to go to the store, and was always on alert and worried about the safety of his family and home. Eventually he was diagnosed with Post-traumatic Stress Disorder (PTSD), and was granted a veterans disability rating of 70%.

The veteran’s health steadily declined. Over the years, his PTSD symptoms worsened and he was plagued by heart disease, hypertension, chronic obstructive pulmonary disease and several other medical conditions. In July 2003, he suffered a massive heart attack and died. His widow, S.C., filed a claim of entitlement to compensation in 2004, on the basis that her late husband’s death was related to PTSD, which significantly contributed to his heart disease. The Board of Veterans’ Appeals denied her claim in April 2009. In the interim, S.C. lost nearly everything, including her house, and went from living in a two-story home to living in a trailer.

The Legion referred this case to NVLSP. NVLSP attorney, Louis George reviewed her case and researched whether cardiovascular disorders could be caused or aggravated by PTSD. Mr. George discovered that the Board had wrongly denied the widow’s appeal, and recommended that she appeal the Board’s decision to the United States Court of Appeals for Veterans Claims. Mr. George represented S.C. before the Court, and the Court vacated and remanded the Board’s decision and the parties agreed that the Board wrongly denied her appeal. NVLSP provided advocacy advice to The Legion’s representatives for subsequent proceedings at the Board of Veterans’ Appeals.

In April 2011, the Board of Veterans’ Appeals granted S.C. Dependency and Indemnity Compensation (DIC) benefits. The VA regional office will determine the exact amount of compensation, but her tax-free monthly payment will be close to $1,200, which she will receive for the rest of her life. She will also receive retroactive benefits estimated to equal at least $80,000. In addition, she will be entitled to other VA benefits, including educational benefits and health care.