emily

I did appeal the July 02,2007! The ORDER part of that decision and the March 12, 2007 Hearing Transcript of that decision is the question! You need to read the June 21, 2004, Docket No. 97-20 067A and the Dec. 23, 1999 Docket No. 97-20 067A BY THE BOARD OF VETERANS' APPEALS! Notice what the Issues are! Read the Findings of Fact! Then the Analysis, Cause of Death! Then read the ORDER! Pay close attention to the VA LAW and Cases used! The July 22, 2004 Rating Decision by the VA Regionsl Office! DECISION 1. Service connection for the cause of Death is Granted! 2. Basic eligibility to Dependents' Education Assistance is established! EVIDENCE The Board of Veterans Appeals !BVA) Decision of 06-21-04! REASIONS FOR DECISION, 1. SERVICE CONNECTION FOR THE CAUSE OF DEATH! tHE cause OF death IS RECORDED AS; Congestive Heart Failure! Service connection for the cause of the veteran's death is GRANTED since evidence shows that it was related to military service! Please see BVA Decision of the 06-21-04 for details on this issue! 2. "Eligibility to Dependents' Educational Assistance Under 38 U.S.C. Chapter 35!" Eligibility to Dependents' Educational Assistance is derived from a veteran who was discharged under other than dishonorable conditions: and, HAS a Permanent and total SERVICE-CONNECTED DISABILITY WAS in EXISTENCE at the time of death: or the veteran died as a result of aa service-connected disability! Also, eligibility exists for a serviceperson who died in service! Finally,eligibility can be dervied from a service member who, as a member of the armed forces on active duty, has been listed for more than 90 days as: missing in action; captured in line of duty by a hostile force; or forcibly detained or interned in line of duty by a foreigign government or power! Basic eligiility to Dependents' Education Assistance is grant as the evidence shows he eteran currently has a total service-connected disability, permanent in nature! Please see BVA Dicisiion of 06-21-04 for details on this issue! REFERENCES Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which goveren entitlement to all veteran benefits! In May 1993 I applied for non-service connected benefits! In Jan. 1995 I wrote to the White house, this was when I was told of Service Organizations who are there to assist me! I had my first hearing July 21, 1995! After the hearing I filed form 21-8416. I requested my husbands service medical records from St. Louis, they were received 02-06-1996. I filed Form 9 on 04-20-1996. I filed for service-connected disability on 04-20-1996! I had 4 hearings at the VARO from 1995 to 07-12 2002! 12 Supplemental Statement of the Case! This was all taken from what I received from the VARO! When the VARO sent my file the Washington BVA they make a big mistake. This is what the VA LAW states "New and Material Evidence, a. A Claimant must submit "NEW and MATERIAL" evidence to reopen a previously disallowed claim. (1) To qualify as NEW evidence, under 38 C.F.R. 3.156, evidence, whether documentary testimonial or in some other form, Must be submitted to VA for THE FIRST TIME. (2) A photocopy or other duplication of information already contained in a VA Claims folder does NOT CONSTITUTE NEW EVIDENCE since it was previously considered, nither does information confirming a POINT ALREADY ESTABLISHED". You will see that on JUNE 21,2004 I was GRANTED full benifits according to VA LAWS.

On my Post, "Docket No. BVA", Why does E-3 Seaman Appear amd the # on the posting is wrong! Such as #8 should be #1! I know I did something wrong, but don't know what! I need help, but I'm not getting it! I would like to change the "Topic Title", don't know how to do that! I did post the three Docket No. and Dates from the Board Of Veterans' Appeals (BVA) Washington, DC!

June 21,2004, I was awarded (granted)by THE BOARD OF VETERANS'Appeals, WASHINGTON, DC.By Veterans Law Judge, J.A. Markey. 1. Entitlement to service connection for the cause of the veteran's death (DIC)U.S.C.A. 1310 (West 2002); 38 C.F.R. 3.312 (2003). 2.Educational assistance benefits under Chapter 35, Title 38, United States Code. 38 U.S.C.A. 3501 (West 2002). The VARO Pittsburgh,PA. Rating Decision, July 22,2004,the BVA Decision of 06-21-04 was received in the VA Office. This rating action will effectuate that Decision! DECISION 1. Service connection for the cause of death is granted! 2.Basic eligibility to Dependents' Educational Assistance is established! Evidence The Board of veterans Appeals (BVA) Decision of 06-21-04! REASONS FOR DECISION- 1. Service connection for the cause of death! The cause of death is recorded as; congestive heart failure! Service connection for the cause of the veteran's death is granted since evidence shows that it was related to military service! Please see BVA Decision of 06-21-04 for details on this issue! 2. Basic eligibility to Dependents Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature! Please see BVA Decision of 06-21-04 for details on this issue! THE DOCKET NO. 97-20 067A Date June 21, 2004! On August 11, 2004 VARO Pittsburgh, "WE made a decision on your claim for (DIC)"! "This letter tells you about your entitlement amount and payment START DATE and WHAT WE DECIDED!" "WHAT DID WE DECIDE? We granted (DIC), Effective May 12, 1993! We granted entitlement to Dependents' Educational Assistance(Chapter 35) effective Dec. 3, 1981! How could the VARO Pittsburgh say we made a decision on your claim on Aug 11, 2004? The Board of Veterans' Appeals, Washington, DC made that decision on June 21, 2004! Also the VA LAW states you can not receive Entitlement to Dependents' Educational Assistance benefits under Chapter 35, Title 38, U.S.C. unlessthe Veterans death is service-connected! 38 U.S.C.A! I just can't take this anymore! On Dec. 03, 2010 it will be twenty-nine years that my husband died. I was forty-two and raised five children! The thing is my brother took me to meet with a VA Benefits Counselor one month after my husband died. My brother and three of my five children gave sworn testimony at a personal hearing and at The BVA March 2007. I wish you could read the Trascript of the March 12, 2007 Hearing. Not one item from the hearing was used in the July 02, 2007 Decision. I don't know how they could get away with this. They owe me 12 years of benefits and each one of my children never received (DIC).The DOCKET NO. 05-23 434, July 02, 2007

Berta, I am the same widow! I did file the 21-534. What is the REPS Benefits? On june 21, 2004, my 5 children and myself were granted full benefits, by the Veteran Law Judge, at the BVA Washington, DC.The ISSUES 1. Entitlement to service connection for the cause of the veters's death. 2. Entitlement to Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code! The file was sent back to Pittsburgh. The VARO Rating Decision July 22, 2004! Decision 1. Service connection for the cause of death is granted! 2. Basic eligibility to Dependents' Educational Assistance is established! REASONS FOR DECISION 1. Service connection for the cause of death! The cause of death is recorded as; congestive heart failure. Service connection for the cause of the veteran's death is granted since evidence shows that it was related to military service! 2. Eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35! Eligibility to Dependents' Educational Assistance is derived from a veteran who was dischared under other than dishonorable conditions; and, has a permanent and total service-connected disability; or a permanent and total disability was in existence at th time of death; or the veteran died as a result of a service connected disability! Also, eligibility exists for a serviceperson who died in service! Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature! August 11, 2004 letter from VARO, Pittsburgh, 'We made a decision on your claim for DIC'! What did we decide? We granted service connected death benefits DIC, effective May 12, 1993! We granted entitlement to Dependents' Educational Assistance (Chapter 35) effective December 3, 1981! My youngest child turned 18, Oct,31 1993 and just started college, the college forms are in my C-File. 38 U.S.C. Sec. 5113 Effective dates of educational benefits; Effective dates relating to awards under chapters 30, 31, 32, 34 and 35 of this title or chapter 106 of title 10 SHALL, to the extent feasible, CORRESPOND to effective dates relating to awards of disability compensation. Think I Need a Attorney?

When a case is sent to the BOARD OF VETERANS APPEALS, does the DOCKET NO. stay the same? The American Legion sent a written brief presention, to the Board of Veterans' Appeals,BVA Washington, DC. on April 2, 1999. ISSUE: 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to Dependent's Educational Assisance benefits under Chapter 35, Title 38, United States Code.Dec. 23,1999, the BVA REMANDED the claim. Stating "as determined, the appellant's claim of entitlement to service connection for the cause of the veteran's death is well grounded, VA is under a statutory duty to assist. The appellant's claim of entitlement to Chapter 35 education benefits will be held in abeyance at this point, as outcome of the cause of death claim has a direct effect on the claim! The claim was well grounded, The BVA wanted a more detailed opion from the IMO. JUNE 21, 2004. SERVICE CONNECTION FOR THE CAUSE OF THE VETERAN'S DEATH IS GRANTED! ENTITLEMENT TO EDUCATION ASSISTANCE BENEFITS UNDER CHAPTER 35, TITLE 38, UNITED STATES CODE IS GRANTED! Rating Decision, July 22, 2004, letter from VARO. Decision, 1. service connection for the cause of death is granted, 2. Basic eliibility to Dependents' Educational Assistance is esablished! Reasons For Decision, 1. service connected for the cause of death. The cause of death is recorded as: congestive heart failure. Service connectionfor the cause of the veteran's death is granted since evidence shows that it was related to military service. Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the vetern currently has a total service-connected disability. When the VARO gave the entitlement amounts and start dates The went back to June 1, 1993 and Dec. 01, 1981.I requsted an AUDIT August, 2004. My claim was sent back to the Board Of Veterans' Appeals, On March 12, 2007, four of my children went to Washington DC for a hearing. This is when the Docket No. changed. The benefits sough on appeal DENIED. Some of the argument: 1. The application of a form jointly prescribed by the Secretary and te Secretary of Health and Human Services filed with the Social Security Aministration on or after Junuary 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. 38 C.F.R, 3.153. Tell me what to do!

When a case is sent to the BOARD OF VETERANS APPEALS, does the DOCKET NO. stay the same? The American Legion sent a written brief presention, to the Board of Veterans' Appeals,BVA Washington, DC. on April 2, 1999. ISSUE: 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to Dependent's Educational Assisance benefits under Chapter 35, Title 38, United States Code.Dec. 23,1999, the BVA REMANDED the claim. Stating "as determined, the appellant's claim of entitlement to service connection for the cause of the veteran's death is well grounded, VA is under a statutory duty to assist. The appellant's claim of entitlement to Chapter 35 education benefits will be held in abeyance at this point, as outcome of the cause of death claim has a direct effect on the claim! The claim was well grounded, The BVA wanted a more detailed opion from the IMO. JUNE 21, 2004. SERVICE CONNECTION FOR THE CAUSE OF THE VETERAN'S DEATH IS GRANTED! ENTITLEMENT TO EDUCATION ASSISTANCE BENEFITS UNDER CHAPTER 35, TITLE 38, UNITED STATES CODE IS GRANTED! Rating Decision, July 22, 2004, letter from VARO. Decision, 1. service connection for the cause of death is granted, 2. Basic eliibility to Dependents' Educational Assistance is esablished! Reasons For Decision, 1. service connected for the cause of death. The cause of death is recorded as: congestive heart failure. Service connectionfor the cause of the veteran's death is granted since evidence shows that it was related to military service. Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the vetern currently has a total service-connected disability. When the VARO gave the entitlement amounts and start dates The went back to June 1, 1993 and Dec. 01, 1981.I requsted an AUDIT August, 2004. My claim was sent back to the Board Of Veterans' Appeals, On March 12, 2007, four of my children went to Washington DC for a hearing. This is when the Docket No. changed. The benefits sough on appeal DENIED. Some of the argument: 1. The application of a form jointly prescribed by the Secretary and te Secretary of Health and Human Services filed with the Social Security Aministration on or after Junuary 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. 38 C.F.R, 3.153. Tell me what to do!

Pete, The Dept. of Veterans, Washington, DC, sent me a large box, with over 2000 items, which is the C File! On Dec. 23, 1999, The Board of Veterans'(BVA) REMANDED my Appeal. The appellant's claim of entitlement to service connection for the cause of the veteran's death is WEll GROUNDED. The thing needed was a more detailed opinion from the IMO. It took the VARO Pittsburgh four years to send the file back to BVA. I was able to get a IMO from an expert in infectious diseases. The IMO stated that as a specialist in infectious diseases, was the result in cardiac involvement in the veteran's case which ultimately lead to his demise. As a result I was granted full benefits. June 21, 2004,the BVA granted Service connection for the cause of the veteran's death was granted and entitlement to educational assistance benefits under Chapter 35, Title 38, United States Code was granted. A decision of the BOARD is final, yet the VARO will not accept the BVA June 21, 2004, decision. My file was sent back to BVA, and March 21, 2007 I had another hearing with the BVA. There was no new evidence. The BVA used the Transcrept from the March 21, 2007 hearing and The Statement of the Case from the VARO Pittsburgh as evidence. The thing is everything, the hearing and the SOC was aready granted In June, 2004.

Berta, One month after my husbands death Jan. 1982, my brother took me to meet with a Veterans' Benefits Counselor, to apply for VA Benefits. The VARO is the one who said we must have gotten mixted up. When I applied for death benefits. I told the VARO the funeral director had the application for Burial Benefits, I just signed it. My brother certified, in a letter, that he took me to meet with a Veterans' Benefits Counselor to apply for benefits, and at a hearing at the VARO. I have a letter from the VARO dated Feb. 26, 1982 which states: "The evidence does not show that the veteran's death was due to a service connected condition"! What evidence would VARO be talking about? Do you think the VARO lost the form 21-534 from Jan.8, 1982?

It has been a long, I have been trying to settel this dispute on my own. I don't know if any of you remember me. I didn't have a computor for over a year! On June 21, 2004, the BOARD issued me a full grant of "Service connection for cause of Vetern's death and Entitlement to educational assistance benefits under Chapter 35, Title 38. On August 11,2004, a letter from the VARO Pittsburgh states, "We made a decision on your claim for DIC". (WHAT DID WE DECIDE? WE GRANTED SERVICE CONNECTED DEATH BENEFITS, CALLED DIC, effective May 12, 1993. We granted entitlement to Dependents' educational assistance (chapter 35) effective December 3, 1981), Entitlement start date was June 1, 1993. My daughter turned 18, October, 1993, all the forms were filed for college, they overlooked that and stopped her benefits in four months. I filed for an audit. After a hearing and a few SOS the last was a 29 page, ending with "your claim has been reviewed by the Decision Review Officer under the 'de novo' review procedures"! (DECISION: An effective dat of a grant of service connected death benefits prior to June 1, 1993 is denied!)The ADJUDICATIVE ACTION:from 01-28-1992 through o6-21-2004 were decided by the BOARD on June 21,2004. When the Board makes a decision to grant the benefits, the Board's decision is final. The VARO sent the file back to the Board Nov.,2006, with a hearing March 2007 in Washington D.C. I had no new evedence. Four of my five children attended. In the INTRODUCTION:(This case comes to the Board of Veterans' Appeals on appeal from a July 2004 rating decision by the which the RO granted service connection for the cause of the veteran's death of July 2004! The Acting Veterans Law Judge,C. Kedem. The transcript from the March 2007 Board decision was the ONLY evidence used. The July 2007, DOCKET NO. 05-23 434, DOCKET NO. 97-20 067, June 21,2004. The VARO Pittsburgh claims I did not file for VA Benefits untill June 93, A letter from the VA dated Feb. 26, 1982, states "The evidence does not show that the veteran's death was due to a service connected condition". Not only did I meet with a Veteran's Benefits Counclor,with-in a month after my husbands death, my brother took me there!They say that is when I applied for death benefits, $150.00. The funeral director filed the form. At the time of death I was 42 years old with school aged children, that made us elegable for Social Security. Title 38, part IV, chapter 51, subchapter I--CLAIMS, sec 5105 ( When an applcation on such a form is filed with either the Secretary or the Commissioner of Sociial Security, it shall be deemed to be an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.)Title 38 USC Sec. 5110--(3)(A)The effective date of an award of disability pension to a veteran described in subparagraph (:) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran. If the application cannot be located, the Social Security Administration should indicate thhe following, if possible:(1)on what date the appellant submitted her claim for benefits; (ii) what kind of benefits the appellant was seeking; and (iii) what type of death benefits were granted to the appellant.Aservice conneected disability may be a contributory cause of death if it affected a vital organ and was of itself of a progressive or debilitating nature and was of such severity as to have a material influence in accelerating death. 38 C.F.F.R. 3.312©(4) (1998). The BOARD's June 21,2004, full grant of benefits, findings of fact; (4) The veterans death from congestive heart failure is etiologically related to the inservice diagnosis of syphilis.(5) Syphilis caused or contributed substantially or materially to death. (6) The veteran's death is service-connected. The file is now with The Court. I did contact 4 attorney's, after they read the July 2007 Board appeal, they say,we can't help you. I don't know what to do!

I read so many Decisions from the BVA and can't find the answer, every one has the same date. For, "Entitlement to service connection for cause of the death of veteran (DIC) and dependents' educational assistance." On mine they went back to 1981 on the educational and 1993 on the DIC." I need to get this in the mail today.

Carlie, I wish I could say the same thing about the hadit family! I posted HELP for DeNovo Review, over 100 review my post and I only got one negative reply. I wrote a reply today, it did not come up as my answer! I don't know what I am doing wrong. I don't like this board.