My husband died last year and I have 5 children he served in the USMC snd retired and was 85 prevent disabled . I have recorded nothing ! No education , no income and I have to pay medical for us . I have so much to prove but no one to listen . He was in and out of rehabs the last 5 years for addition and PTSD but died of a overdose accident and they aren't paying out and missing documents out of his record . I need help i have ss Benifits but they are responsible for his death knowing he was a addict and still continue to give him meds while in rehab and sober living .. Please help
Military Law Attorney
As Drew mentioned there are a number of attorneys in your area that handle VA issues. Additionally, here is the link to the county VSO in your listed location who can provide free assistance in filing at http://www.cacvso.org/.
Death due to drug overdose in and of itself is not compensable (you would be filing a claim for Dependency and Indemnity (DIC) Compensation, however, if the drug addiction was related to a service connected mental health disorder and the accidental overdose was the cause of death, then you may be entitled to DIC benefits. If the death was the result of accidental overdose from prescribed medications for the drug dependency (specifically I'm thinking of methadone), then it is also worthwhile to mention 38 USC 1151 (compensation due to VA malpractice/negligence/lack of informed consent) if the prescribed medications were through the VA and your husband never was provided fully-informed written consent. . . this is unfortunately an issue I've encountered before.
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