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    • Oh, no, it is not a waste of time!!!  I started with a 10% rating in 1973 for "Nervous Condition" and now I have TDIU and Housebound.  All claims together bring me $3500 a month tax free.  You may be young now, but if PTSD gets worse it could totally disable you and can cause other secondary conditions.   FILE THE CLAIM!  If you get 10% or 30% that gets your foot in the door and never let them get that foot out of the door by neglecting to respond to C&P exams or ignoring to file NOD or other appeals.
    • I would think BVA would remand back to VARO because they are the ones that made the bad decision.  I could be wrong on this.  I also think you could go to Vet Court on this but then you probably should hire lawyer who will get some of your retro if you get any on remanded issues.  You don't want your TDIU claim to languish some place in VA system.  Did you submit evidence that you could not work solely due to SC conditions?  I have heard that AMC is a black hole where claims go to remain in limbo for years. I have never had a claim at AMC.  These are all diversions dreamed up by the VA to stall your claim. What rating did you get?
    • Send NOD by express mail with return receipt.  If you do not file NOD you will lose your EED and have to start from scratch.  If you let NOD deadline pass you are lost.  You must be willing to play by VA deadlines and get your own medical evidence. How much time do you have left to file NOD? If you have to file generic NOD to meet deadline then do it. If the only evidence you have is VA evidence expect to be low balled or denied about 80% of the time.  You need to develop your claims on appeal. This will take time but you have lost years already by not appealing via NOD.  Not scolding you but stating facts. I failed to file a NOD and it cost me tens of thousands of dollars over 25 years.                  John
    • This makes me wish I knew the importance of EED's. I'm pondering CUE's for a few things myself.
    • I heard great things about Ellis Clinic from Federal Worker's Compensation people.   The thing is you have to go to them which means getting all your records and going to Oklahoma City.  If I wanted an opinion from Ellis Clinic would I have to pack up all my SMR's,  VA and private medical records to see them?  I never used them because I had very good doctors I had been seeing here in Tampa and they referred me to other doctors for friendly IME.  This was because I was in treatment for MH stuff for years by private doctor.  I am being treated for DMII and OSA by the VA and by private doctor.  However, none of them will go out on a limb and say the DMII or MH issues was secondary cause of OSA.  This is what I need for my OSA potential claim.   I also have High Blood but VA will not opine that it is cause or effect of DMII or CAD due to AO.   I have not worried about it because I have TDIU and HB.  I would like to get the High Blood and the OSA SC'ed but am not willing to pay $5000.  I would fly out to Ellis Clinic I think.  I first heard of Ellis Clinic from OWCP claimant who got what they call Schedule Award (cash) for injuries to his hands and feet.  Much more than I got because my doctor would not stick his neck out one inch but did say some injuries I have were work-related when I worked for USPS.  This did create problems for me later with conflicts between VA and OWCP.   That would fill a book. When you get benefits from various programs it always has potential for problems as causes get intertwined and programs point finger at other programs to pay for the damage.  The thing is most of us need at least SSD and VA to pay 100% to actually survive.  $3000 a month from VA is not enough to support a family where I live.  $5000 will do it if you have no debts.





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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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