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.
Not knowing any more about this case than what Page indicated in the posting, my suspicion is that the decision probably was correct 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.
I think I would if I were you,and have been diagnosed with a TBI but I would also, if I were you, read all the info here on TBI and PTSD.
The problem with TBI is, did it come from an Explosion from a IED or from slipping in a shower at the military barracks.....my point is that ,will VA determine a 'stressor' had caused the TBI.
Have they diagnosed you with TBI already or is that one of the issues they denied?
If so, can you scan and attach here their Reasons and Bases for the denial (Cover C File #, Name, etc prior to scanning it.)
Considering your (X?) months into a "DRO Review," time is of the essence as far as getting your Compelling N & M Evidence into the VA Rating Dept.
US Mail Cert Return Receipt (next Day Delivery if warranted) is still probably one of the most reliable means of Verifying the Delivery of your Evidence. You are now required to mail it to the New Claims/evidence intake center.
Then there's always the "Hand Delivery" method to your VARO Reception/Intake Desk. I've used that method in yrs past, the VA Clerk Date Stamps your Documents and makes a copy of the post Date Stamp Document for your records, on the spot. Your 100% Certain your N & M Evidence is in the possession of the VA.
Can't say I've seen any discussion regarding the Faxing or Emailing of Appeal Evidence.
I wrote this in 2014, aqnd as I re read it
there are some corrections.
Yes ,we survivors have been granted the right to use ebenefits now.
Also DOMA insures some same sex spouses these same rights for DIC: