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    • Yes I was and am still on FERS disability. Technically i was separated from my federal job because i medically disqualified from the military for a leg injury. I was what you call a dual status technician, sometimes called an ART. It was mandatory that I apply for SSDI under FERS rules, but was denied of course! I was still employed when i was told to apply.  As far as other etiologies, i saw a well known ENT firm for a while and after bunch of tests they diagnosed me with menieres. I then went to Dr Ellis for the nexus letter. The only problem i think i have is that even though i was in uniform Mon-Fri and still doing the exact same thing as i did when active duty, technically i was only "military" 2 days month or when on special orders. That and no vestibular problems are mentioned in my military med records. We all lied to keep our flying qualifications! Ive kinda put off the SSDI project for after my VA and OWCP stuff is finished.      
    • Q1  -  I am trying to get a general idea how long it is generally takes to be scheduled a DRO Hearing date for a NOD claim.  My hearing happens to be in Waco. I filed my NOD in Nov 2012 and requested a DRO. My case was sent to Jansville even though I'm within the WACO VARO area.  I Received the SOC 9 Apr 2015.... ...so about 29 months from filing the NOD to receiving the SOC.   Semper Fi
    • Question.....were you on FERS disability when you left federal employment due to the  menieres ? If so, because of FERS, did you also apply for and receive SSDI solely for the Meniere's disease? It is an excellent IMO. I am assuming that all other possible etiologies have been ruled out.
    • Hi Wayne - We probably go to the same VAMC!  I've been to the Dallas VAMC sleep clinic twice and all they do is check how many nights you've used your CPAP (I think she just plugged a wire into the machine and didn't even use an SD-Card).  She asked a couple of questions about how I'm sleeping and do I feel drowsy while driving, after eating, ect., then asked if I had any questions, or if I needed any thing else.  I told her that I needed a new face mask since mine was a year old.  She put the order in and I just went downstairs and picked up a new face mask and hose. I wouldn't worry about "losing" your rating... the important thing is to keep using your CPAP!  Semper Fi
    • I forgot to answer your question "So my question is, how do I proceed with my appeal?  Should I go to a civilian doctor and get more documentation or should I go to the VA medical clinic?  " You need to provide medical  evidence that overcomes each denial.I assume they gave you reasons for each denial. Did they say you were denied because you missed the C & P exams? If it is a question of a denial due to lack of an inservice nexus, no civilian doctor or VA medical clinic is going to be much help with that,in my opinion. Then again I have no idea what those 22 other contentions were for.  





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evandc

Dic For Widow Of Als Veteran

14 posts in this topic

Have widow of Vietnam Veteran that died several years ago of ALS. She has recently remarried & is 58-60 years old. Can't she file for DIC & other benefits since death was due to ALS? Another vet sent me email & I knew this vet but am not sure the exact date he died & she remarried. I can get all that & her age if needed to answer her question.

Thanks for your help,

Don

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I don't know the ins and outs of DIC but she can definitely file if the cause of death is listed as ALS. If the claim is submitted prior to September payment should be retroactive to September 08.

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The newest reg on remarried widows is:

"In general, entitlement to VA benefits as a surviving spouse

terminates with the remarriage of the surviving spouse, and

cannot be reinstated until the subsequent marriage has ended,

such as by death, divorce, or annulment. See 38 U.S.C.A.

§ 103(d); 38 C.F.R. § 3.55.

Recent legislation has set forth

some limited exceptions, providing for specific benefits to

certain surviving spouses whose remarriages are still intact.

In the Veterans Benefits Act of 2002, retention of CHAMPVA

benefits was authorized for surviving spouses who remarried

after the age of 55. See Pub. L. 107-330, § 101(a), 116

Stat. 2820 (2002) (codified at 38 U.S.C.A. § 103(d)(2)(:angry:).

The following year, legislation was enacted, permitting

surviving spouses who remarried after the age of 57 to retain

additional VA benefits, such as DIC and dependents'

educational assistance. See Veterans Benefits Act of 2003,

Pub. L. 108-123, § 101(a), 117 Stat. 2651 (2003) (codified at

38 U.S.C.A. § 103(d)(2)(:o)."

I think the key word in this reg is " retain".

I get DIC and am over 57 so I could remarry and "retain" my established DIC because it was awarded long ago.

But for any widow who is not receiving DIC already- I do not think they can apply for and receive it as the spouse of someone else.

If I can find more info -will let you know.

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I did not think that ALS was automatic for Viet Nam only Gulf War?

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ALS is a presumptive condition now for all veterans who served 90 days of continuous active service.

AL however is now on the Agent Orange presumptive list.

Many vet web sites were confused when these 2 different disabilities were found presumptive.I have a post here somewhere on the difference.

AL Vietnam veterans vets are class action members of the Nehmer Decisions.

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§ 3.318 Presumptive service connection for amyotrophic lateral sclerosis

(a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease.

(b) Service connection will not be established under this section:

(1) If there is affirmative evidence that amyotrophic lateral sclerosis was not incurred during or aggravated by active military, naval, or air service;

(2) If there is affirmative evidence that amyotrophic lateral sclerosis is due to the veteran's own willful misconduct; or

(3) If the veteran did not have active, continuous service of 90 days or more.

(Authority: 38 U.S.C. 501(a)(1))

[73 FR 54693, Sept. 23, 2008]

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