A Deserving Widow’s Thanksgiving Just got Better
It’s hard to believe another year has almost came and went. Another year representing the best people America has to offer. For me, I still get that same sense of awe and wonder. The fact that I am allowed to represent so many fine Veterans, widows, and families, across the country, brings me so much joy. It also shows me I have a lot to be thankful for. Each with a unique story. This Thanksgiving, I have been able to help make one wife’s Thanksgiving a little bit easier.
Annette came to me in May of 2023. Her husband had passed away after a brave fight with Parkinson’s, and a list of about 8 other serious issues stemming from the Parkinson’s condition. Sadly, in his final years, he couldn’t even walk. Monte served in the Air Force from January of 1965 until October of 1968. My “Agent Orange” alarm went off. Part of his service took him to Amarillo Air Force Base, formerly Amarillo Army Air Field. After World War II, operations here expanded. By 1957, the base had grown to include a bomb training department, and a bomber wing of the Strategic Air Command (“SAC”).
Annette came to me because even a few months into the process, it was overwhelming. Her husband had a claim pending when he passed. She was trying to figure out if she’d completed all the right paperwork to step into his shoes and finish his claim, along with her DIC claim. She also came to me because she had a problem. The VA claimed he was never in Vietnam. Well, you could take one look at this poor Veteran’s death certificate and figure out he had all the classic Agent Orange complications. But without proof he was in-country or on a plane nearby, we were in for a fight.
Once I got access to his file, I began combing through the records, looking for missing documents, anything that could help prove he was in Vietnam. His good wife and him weren’t married at the time, so she couldn’t say “I remember him deploying”, and no way would the VA concede it based on what Monte told her of his time in-service after the fact. After combing through everything, and I do mean everything, I came up empty handed. I had poured over every service-treatment record, his DD-214, performance reports. Nothing. The VA got around to denying the claim in December of 2023. We promptly appealed to the Board since she was 75+ years young, and her case would be automatically advanced. We opted for a hearing with a Veterans’ Law Judge, frankly because I hoped I could convince a Judge he was in Vietnam, but I also needed to figure out a different angle of attack. Back to looking through everything for a second time.
We got a hearing date of June 2024. I began pouring over his records for a third time, hoping to find something new. I had already noticed a record regarding his radiation exposure that came with some of his duties in the Air Force. I knew from past experience that enough wasn’t enough to get us over the finish line, due to the recorded levels of exposure. I also had Annette constantly telling me that he was in Vietnam. It isn’t that I didn’t believe her. It was that I couldn’t prove it. If I couldn’t prove it, no way the VA was going to approve this, even though this claim screamed Agent Orange exposure. While we got ready for the hearing, and the weeks leading up to the hearing, Annette would always bring up the Vietnam angle. I don’t blame her. Nor do I not believe her. I just have to deal with what can be proven. Annette even went as far as requesting his very old state income tax records to see if the state had exempted any hazard pay during a deployment. Hey, maybe I need to hire her as a research specialist!
Back to the records. So, I saw the radiation exposure the first time I combed through everything. Nothing new there. Now my third time reviewing his file, I noticed something that I had previously dismissed. Monte had contracted Scarlet Fever during his time in the Air Force. It wasn’t that I hadn’t seen this record before. I just hadn’t given it much thought. But, I began to think about the two in tandem. The Scarlet Fever. The radiation exposure. If there is one thing I have learned doing this, it’s to never dismiss a possible connection. Even if it seems far fetched. Believe me, I had heard of some far fetched theories that have turned out to be right as rain. So, I decided to screen this case with my go-to doctor. He has written many medical opinions for me, and always does a fabulous job. What I love about this doctor is he has a strong background in toxicology. He has written papers on the various hazards chemicals, radiation, and their effects on the human body. To say this guy knows his stuff doesn’t do him justice.
To my surprise, he said he would be able to support the case. He explained that studies show that Scarlet Fever causes a pre-disposition to Parkinson’s. Sort of like Chicken Pox and Shingles, as I understand it. He explained that the radiation alone wasn’t enough, but combined with the Scarlet Fever, he was able to give the VA that beautiful phrase “at least as likely as not”. Third time’s a charm. Leave no stone unturned. By now, it was time for our hearing. One of the issues on appeal was Special Monthly Compensation (“SMC”). The Veteran’s Court has explained that SMC is available when a Veteran’s service-connected disabilities cause “additional hardships above and beyond those contemplated by VA’s schedule for rating disabilities”. Monte sure met that criteria. Annette did a great job during the hearing. Even while discussing some harsh end-of-life memories. It was only when the Judge gave a true compliment that she got a little chocked up.
“The other thing I’d like to say, ma’am, is I hope you know how much your husband’s service was appreciated. Especially given the time that he was from 1965 to 1968, you don’t need to be a great student of American history to know exactly what’s going on during that time.
Given the various contentions that we have in this case, I really spent some time pouring over his service personnel records. And when you do so, you know, sometimes you find some of our veterans, they’re just kind of getting through. That was not your husband.
Your husband had glowing recommendations. He had glowing reviews from his superior officers indicating that not only did he serve his Country, but he did it well, and he did it at a very stressful time.
And on my behalf, ma’am, on behalf of The Department of Veterans’ Affairs, and the entire United States Government, I hope you know how much your husband’s service to this Country is appreciated.”
I have been a part of hundreds of hearings. Very rarely do I get a comment like that. I haven’t mentioned this to you, but Annette was hesitant of my approach to the case. It wasn’t that she didn’t trust me, it’s that she knew the Vietnam angle would be a slam dunk. I kept reminding her that we just couldn’t prove that definitively. Again, it wasn’t that she didn’t trust me, but there is a real sense of helplessness that comes with being a widow in her situation. You took care of the Veteran in his end of life. You know the pain and suffering he went through. You lived with him through it. You know better than anyone what he went through, and will do anything possible to prove his claim. Throughout the hearing, Judge Deichert gave her words of encouragement, at one point saying I was on top of things.
I say that not to gloat, but because I think it really helped bring some comfort to Annette. The VA process can make you think you are powerless. This Judge, I am pleased to report, helped change her view of the VA. The weeks after a hearing, but before a Board decision, can be nerve-racking. Not knowing if the Judge will side with you leaves a knot in your stomach. Thankfully, Judges like this can help calm the nerves of a Veteran on his death bed; a widow in need.
In September, just in time for Thanksgiving, Judge Deichert granted the appeal. Because I had been able to use the Scarlet Fever combined with the radiation angle, the Board never had to reach the question of whether or not he was in Vietnam. Regardless of how they got there, I am thankful the Board did the right thing. The evidence was there. I am thankful I kept combing through those records until I found what I needed. Calling Annette to let her know help was on the way is always the best feeling in the world. When the Board grants an appeal, there is still around a month delay. The Judge’s Order gets sent to the Regional Office who then implements the Order, calculates backpay, etc. I kept promising Annette it was a done deal. Help was coming. A few weeks later, when it was all said and done, she couldn’t have been more thankful. I know I sure was.
As I finish up the edits on this (reading it over and over, checking for grammar, adding in details), I was pleasantly surprised, on the eve of Thanksgiving, to get a Board decision granting SMC at the (r)(1) rate for a very deserving Veteran. I briefly mention this Veteran in my discussion on the Board’s self-declared War on Advancement. Thankfully, her case ended up advanced, and she will now get the financial peace she needs to be comfortable in her end of life.
So this year, I am thankful for Monte, for Annette, and for the positive impact Judge Deichert had. We need more Judges like him, letting people know they aren’t just a file number. I am thankful for this morning’s Board decision. I am thankful for Veterans, just like you. I am thankful for my good wife who supports me and encourages me every day to represent Veterans to the best of my ability. I am thankful to be on the greatest Nation God ever created.
I hope you are thankful this year, too.
Godspeed.