Navy Widow Punished by the Veterans Administration

by Rick Thorne

Not long ago Denise Sole’s email appeared in my email box. You may not recognize Denise by name but her fiery spirit is overwhelming to say the least. Initially Denise contacted me offering her emotional support concerning my ongoing battle in receiving extended benefits from Social Security and the Veterans Administration. 

While trading emails I quickly realized Denise was getting the shaft by the VA. In 2004 she appeared on the ABC program Primetime as part of a

news story discussing the plight of veterans and the broken health care system run by our federal government. Her husband Terry Soles served in the Navy during the Vietnam War……… 

His wife, Denise, states Terry was one of countless casualties treated while in the confines of the VA health establishment.

In 1998, Terry went to the VA hospital in Cleveland, Ohio complaining of severe pain and persistent diarrhea. Not long after the doctors removed a small cancerous growth from Terry’s esophagus, and was told this was not the cause of his severe pain and persistent diarrhea. 

Over the next two years Terry’s terminal condition persisted. Denise, Terry’s wife, stated the VA gave him painful tests and repeatedly lost his test results. She also commented Terry was seen by numerous resident doctors, never having a primary care doctor and there was little consistency, as far as his care was concerned while at the VA hospital in Cleveland, Ohio. 

Denise also stated, "Terry was 6-foot and weighed more than 200 pounds before he got sick. Within 2 years of his death Terry barely weighed 80 pounds. Some of the VA doctors thought his problem was merely psychosomatic, as was written in a letter, not by a VA doctor, but a Risk Manager, but I knew better, she said." Deathly ill, October 8, 2000 Terry was finally rushed to a private hospital failing to recognize his own son at the time. Denise was questioned concerning Terry’s condition by ER doctors, where she had to explain he had been being treated by the VA at the time. Finally their doctors confirmed what Denise had thought all along and that was her loving husband was now dying.

Terry had cancer from his trachea to his renal bowel. Nothing could be done for him but make Terry as comfortable as possible. After he was told the bad news Terry requested to go home to die. Later while on the drive home Terry said "Denise! "If we can help one other veteran from going through this hell … That’s what we have to do." Denise also mentioned her husband asked for her to: SPEAK OUT! After he was gone. Unfortunately, Terry’s painful death created more problems for Denise than she had originally bargained for. "It was bad enough the VA had mis-managed Terry’s depleted condition," Denise commented. It wasn’t long before she would have the fight of her life as far as the Va was concerned. According to Denise; "I won my DIC (DEPENDENCY AND INDEMNITY COMPENSATION) case against the VA for widows. After fighting for it for 3 yrs, I was finally able to receive a widows monthly benefit until I died or remarried. Feeling betrayed by the VA. I sued them in federal court and after 5 years of numerous delays. I finally won my case concerning the medical neglect Terry received while in the Cleveland VA hospital." Denise then said, "I have a gag order attached to the settlement concerning the amount I won with regard to the malpractice suit involving the VA.

The settlement was paid to the "EXECUTOR" of the estate for "WRONGFUL DEATH." During the court hearings my attorney wanted to use the DIC award letter as proof, where it states ”inapproriate care with lack of follow up” but the VA attorney denied it. His defense was the DIC and FTC (FEDERAL TORTE CLAIM) were two different entities." Denise goes on to state, "Once I won the FTC, the DIC was taken away from me, and once I started appealing their decision the Va declared I couldn’t collect both of them reasoning, I would be "DOUBLEDIPPING, as they have become one of the same" As it stands now! Until I pay back my entire share (as 1/2 went to my boys) of the settlement awarded to me by the U.S. government. I’m barred from receiving my monthly DIC BENEFITS, VA calls this an ”offset”. Denise further commented, "In essence, I’m paying the VA back for allowing my husband to die an extremely painful death." Denise went on to say, "This whole messy ordeal I wouldn’t wish on any military widow. It’s bad enough I had to suffer along with Terry until he passed away.

Now I’m in the battle of my life fighting a gigantic governmental bureaucracy who could care less about me or my dead husband. I’ve wrote to numerous government officials. Most of them ignored my letters, some wrote back saying they are sorry, and even one said ”it seemed illegal”, but none wanted to do anything for me. I learned the hard way as far as the government is concerned it’s all about money, and the VA can make up their own rules which will benefit them, not the families. The life of Terry meant nothing to them in the end it seems. Nor the fact that he was done wrong by a system which was supposed to be there to help him.” Oh I have been asked many times, ‘If the treatement was so bad, why did he continue going to the VA?” Well, I begged Terry to go to another hospital after seeing how many things were going wrong at the time. After talking with doctors and the administrator, and realizing they were just pacifying me, I felt I was just a thorn in their side.

Terry always said ”no, I am a Veteran, and I am entitled to treatment as a Veteran”. Plus, he knew if he went to another hospital, there would be bills, and also further tests done, which he did not feel strong enough to go thru, and he didn’t want to leave me with enormous hospital bills after he passed on." Denise then said; "I’ve appealed this unfair decision and it’s been in the VA appeals system for about a year now. I was told it will take at least another year before my case will appear before the appeals board. It now hangs on a shelf somewhere collecting dust." She goes on to say, "Since then I’ve learned the VA is a branch of government that pretty much makes its own rules, creating their own mistakes, but then the Veteran or their family has to pay for these mistakes in the end. They continue to get away with deciding who is eligible for benefits and who isn’t. It has unlimited power and can do pretty much as it damn well pleases right or wrong in the end." Having lost her home Denise moved from Ohio to New York 2 yrs later. She’s now working with a Donation Center having confidence if she helps others, then her husband’s death wouldn’t have been in vein. Denise lives as most Americans do today, working to make ends meet..

She doesn’t want sympathy because Denise feels in this way she’s keeping Terry’s memory alive helping others as she continues fighting the system for justice and truth. Terry once told a doctor who was treating him….”I really believe I am cheaper to the VA dead, then I am alive”. It’s so sad he died believing this ungodly thought. Denise further commented, "We don’t always hear of these wrongdoings by the VA unless it is something ”big”, then the ugly truth will be revealed. We hear about it for a week and then it is brushed under the rug. How sad! We soon forget about it…..but, the families of these casualties still remember their horrible pain. We continue to have to deal with the mistakes the VA create making loved ones miserable. We must all ask ourselves, "If America is so great why does it continually put the shaft to it’s Veterans and their widows?" Our politicians need to really look at where they are today, and realize…if not for these men and women who’ve fought for this country, year after year…they would not have the positions they hold today. We owe our Veterans everything…and mainly…respect.

They are the reason we have the freedom we so cherish today." Denise feels alone with this issue because others won’t stand up and fight our unethical government. Many Veterans are fearful the Va will cutoff their benefits if they contest VA rulings. While this maybe the case are we going to stand by and let the VA run ruff shot over us?" Denise further commented, "I have asked several officials in my letters, if this was one of your family members, who went thru something such as my family has endured, would you sit back and keep quiet? Never get an answer to this… We know the answer. Terry was/is just important to his family,friends, and well should be in regard to our hypocritical country and their self righteous leaders." Someone once said; "TO DO NOTHING IS TO PERISH!" Rick Thorne The current DIC eligibility requirements for 2008 VA statues are:

• Eligible Survivors: DIC is a monthly benefit paid to eligible survivors of the following:

• Military service member who died while on active duty, OR

• Veteran whose death resulted from a service-related injury or disease, OR

• Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

• for at least 10 years immediately before death, OR

• since the veteran’s release from active duty and for at least five years immediately preceding death, OR

• for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999. DIC Eligibility The surviving spouse is eligible if he or she:

• validly married the veteran before January 1, 1957, OR

• was married to a service member who died on active duty, OR

• married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

• was married to the veteran for at least one year, OR

• had a child with the veteran, AND

• cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND • is not currently remarried. Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC. The surviving child(ren) if he or she is:

• unmarried AND

• under age 18, or between the ages of 18 and 23 and attending school. (Note: Certain helpless adult children are entitled to DIC. Call the toll-free number for the eligibility requirements for those survivors.) The surviving parents may be eligible for an income-based benefit. See our fact sheet, Parents’ DIC, or call the toll-free number below for more information. Back to Top Monthly Rate (Updated for 2008): Dependency and indemnity compensation is paid to a surviving spouse at the monthly rate of $1091. Note: If the veteran’s death was before January 1, 1993 you should check out the DVA DIC payment tables. Additional Allowances:

• Add $233 if at the time of the veteran’s death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. • Add $271 per child for each dependent child under age 18

• If the surviving spouse is entitled to A&A, add $271.

• If the surviving spouse is entitled to Housebound, add $128 *DIC apportionment rates approved by the Under Secretary for Benefits will be the additional allowance received for each child. Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates divided by the number of children: 1. one child, $462; 2. two children, $663; 3. three children, $865; and 4. more than three children, $865, plus $165 for each child in excess of three.