Sax. you just got the Docket Number, what do you need to lookup? You've got at least another Year or so, depending on what type of BVA Hearing you chose. Did you opt for the RO Video Hearing?
A friend just had his BVA Video Hearing 08/16 from a DRO Review Denial in 2013. His VSO at the RO was notified by the BVA about 2 weeks before the Video Hearing was to take place. He nor his VSO were ever notified regarding a Docket Number being assigned.
Take a look at the BVA Decisions for 2016, how old are the Docket Numbers? Unless you qualify for an Advancement due to Homelessness, age or immanent Death, your in for at least another year or so. Or Maybe Not, who really knows?
Rocket, I doubt things are that much different on the LEFT Coast, at least VA Voc Rehab/IL wise. Do you have the same Voc Reh Councilor for your IL, as you had for the Voc Rehab Determination?
Your Claim for Voc Rehab is still considered open, you've just been moved into the IL Program.
Back in 12, I applied for Voc Rehab, after a couple months of being unable to find anything, the VA Councilor wanted to close my claim due to non movement. He said at the time, he could provide me with a Voc Rehab Denial Letter, but it carried certain consequences.
He didn't elaborate on the consequences, I agreed to close my claim with the understanding I could reapply in the future. Not getting the "Denial Letter" right then, was a big mistake.
A yr later I realized my error, reapplied and saw a different Councilor. Explained to her that nothing had really changed, just needed the "Denial Letter." She reviewed my File, wrote the letter the same day.
Talk to your Voc Rehab Councilor, you may have to close out your IL Claim (it can reopened immediately) in order to get the More Important "Denial Letter."
my husbands ebenefits is similiar . He had a claim show up, I'm assuming the va did it cause we got a call from Lockheed Martin for a re exam for his cads, which he is 60 percent temporary. When we click on claim status for it , shows still open. When we click on historical claims it shows a claim opened on 9/16/2016 and closed 9/20/2016. Authorization review. Any ideas?
This is correct, as James said, if within one year after death.
"The effective date of retro upon the favorable DIC grant would be dependent upon whether she applied for accrued benefits or actually signed on as a claimant substitute. "
I read over everything again here--- quite a bit and Yes Page did apply for accrued and substituted herself as the claimant.
But as far as I know there were no accrued benefits payable.
I get the point that if a vet dies due to a SC, they obviously should be 100% at death DUE to the SC.
But I had support a claim for 100% SC under the 1151 claim.( SMC CUE award 2012)
For the DMII AO direct SC death due to diabetes mellitus contributing award,(2009) the VA never rated the DMII at all because it had been so poorly malpractice on.
My Vet reps never even heard of the REPS program -Restored Entitlement---
and REPS paid me about 20 thousand. The REPS program is available here under a search. It has always been part of the DIC application....usually the last page.
For their more recent 2010 AO IHD contributing to dead award they awarded 30% under direct SC for 6 years and never mentioned this was also an 1151 issue.
I think James and I are looking at this logically but VA does not have the word logic in any reg or M21-1MR...nor are they required to use common sense.
...I just caught your recent post James.
"but the explanation by the VSO about the lack of medical and educational benefits for the son just do not make any sense at all."
Many if not MOST VSOs dont have a clue on DIC and the ancillary benefits.
They dont get as many claims from survivors as from veterans themselves, but they had the same training program I took from NVLSP (although I never went to the seminars they did)
so they should know or at least take the time to check the DIC regulations before they attempt to help survivors.