Dependency And Indemnity Compensation

[Kingair]

Hello everyone.

I have a question and I am not sure if this is the correct area to ask.

History:

My grandfather was in charge of the traing barnch for Sandia Base, NM. He was a navy captain at the time. He was witness to various detonations.

My mother has been trying to establish his presence at the sites through various records, but his job was so secretive that most documents do not exist. I have found several that show his name and unit (Armed Forces Special Weapons Project), but little else.

She is again sending for the dose meter records and hopefully this will help.

My grandfather was stationed there for 4 years. In 1963 he devolped Thyroid cancer and was forced to retire medically. Prior to that he was selected to the CNO position but had to decline because of his failing health.

My questions is this:

Can my mother apply for indemity benefits. The cancer is listed as a presumptive cause>

I need a little help with a direction to go, if she is unable to win the RECA case. She is now 77 years old.

Thank you

My grandfather

[Philip Rogers]

She can't win if she doesn't apply. She should be able to win, if she has the probative evidence. jmo

pr

[Berta]

As a predecessor agency this link might be of some help:

http://www.archives.gov/research/guide-fed-records/groups/374.html

NARA is a wonderful place to search for info like this in....

I believe (and hopefully PR will chime in) that they (NARA) might even have researchers available or a small fee, to help find some records that she needs.

My daughter had a classified Top Secret MOS and she was told her records would be declassfied for any VA purposes. In this case however, those older records might be hard to find.

Radiation and atomic vet claims depend on the REM dosage amounts, and proof of exposure , more then than any obviously classified issue, which his MOS covered.

I assume this would be a DIC claim for death due to results of ionizing radiation exposure with a presumptive condition at death.????

BUT I dont understand this:

“Can my mother apply for indemity benefits.”

DIC is for surviving spouses and/or dependent children.

What Is DIC? DIC is a monthly benefit paid to eligible survivors of a military service member who died while on active duty, active duty for training, or inactive duty training,OR

• veteran whose death resulted from a service-related injury or disease, OR

• veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

• for at least 10 years immediately before death, OR

• since the veteran’s release from active duty and for at least five years immediately preceding death, OR

• for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

Who Is Eligible?

The surviving spouse if he or she:

• validly married the veteran before January 1, 1957, OR

• was married to a service member who died on active duty, active duty for training, or inactive duty training, OR

• married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

• was married to the veteran for at least one year, OR

• had a child with the veteran, AND

• cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

• is not currently remarried.*

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is

entitled to continue to receive DIC.

(source www.va.gov)

I dont think your mother could apply for DIC benefits at all. Is there no living spouse?

Does the name Buster Jangle mean anything to your mom?

Has she directly contacted the

Sandia National Laboratory for any historic dosimetry data?

http://www.sandia.gov/

Has she obtained herself, his complete personnel and service medical records from the NARA?

If the DIC claim has been recently filed or she is starting to file it, I suggest she do that.

There are some similar claims at the BVA:

“The Board observes, however, that, because the veteran, though in the Air Force while serving in his role as a nuclear weapons officer, appears to have served under the command of an Army general (see February 1958 letter of commendation from Major General Heath, USA, Commander, Field Command, Armed Forces Special Weapons Project) and because he might have served in this capacity alongside members of the other armed services, it is possible that dosimetry data for the veteran might be maintained by organizations outside the Air Force. These organizations should, therefore, be contacted. “

Although this veteran was USN, he also might have been under Army Command.

“The RO should contact the following organizations and should request that they provide any dosimetry data they might have for the veteran: (1) Director, U.S. Army TMDE Activity, ATTN: AMSMI TMDE SR DD, BLDG. 5417, Redstone Arsenal, AL 35898-5400; (2) Department of the Navy, Navy Dosimetry Center, NEHC Detachment, Bethesda, MD 20889-5614; (3) Defense Nuclear Agency, RARP-NTPR, 6801 Telegraph Road, Alexandria, VA 22310- 3398. The RO should provide each of these organizations with copies of all service personnel records, including those records reflecting the veteran’s service as a nuclear weapons officer and his apparent service in support of the Armed Forces Special Weapons Project.”

from: http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp98/files4/9830907.txt

Radiation (Atomic) Veterans are covered by the following presumptives:

http://www.publichealth.va.gov/exposures/radiation/diseases.asp

Radiation risk activities are in this link and also a button on the left to help find ways to find exposure proof.

Can you explain what you stated here:

“In 1963 he devolped Thyroid cancer and was forced to retire medically. “

Do you mean he medically retired from the Navy or from a private employer?

Did he have a pending claim with the VA prior to his death for the thyroid cancer?

Perhaps she could substitute herself in his behalf as the claimant on any accrued benefits.

If so she would need the info above, and she would also surely need it for the RECA claim.

This explains accrued benefits:

http://www.attiglawfirm.com/blog/va-benefits/veterans-disability-benefits-accrued-benefits-veterans-spouses-and-survivors-often-miss-this-claim-for-additional-compensation/

This explains the substitution criteria:

http://www.law.cornell.edu/uscode/text/38/5121A

and

http://www.law.cornell.edu/uscode/text/38/5121

Here is the form:

http://www.vba.va.gov/pubs/forms/VBA-21-0847-ARE.pdf

Accrued benefits have a deadline of application received by VA within one year after the veteran's death.

“Applications for accrued benefits must be filed within one year after the date of death. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no accrued benefits may be paid. “

http://www.law.cornell.edu/uscode/text/38/5121

It might seem that your mother is looking for some needles in haystacks.

I am a widow of a veteran and I found some needles in haystacks.

It was a lot of research and work to do that.

I dont see her obtaining any DIC award but possibly there was a VA pending claim he had at time of his death that she could substitute herself for but would still need to provide the REM dosemetry records ,etc to the VA.

.

[Kingair]

Can you explain what you stated here:

“In 1963 he devolped Thyroid cancer and was forced to retire medically. “

Do you mean he medically retired from the Navy or from a private employer?

He was medically retired from the Navy in the 60's and died in 1967. My grandmother receved the dependent payments until she died.

Did he have a pending claim with the VA prior to his death for the thyroid cancer?

I don't thinks so, but I asked my mom to check.

Perhaps she could substitute herself in his behalf as the claimant on any accrued benefits.

She applied for RECA and was denied twice. My uncle is the Deputy Director, Force Health Protection and Readiness Programs for the Office of the Deputy Assistant Secretary of Defense, and he has been helping but retires 1 May.

If so she would need the info above, and she would also surely need it for the RECA claim.

She has sent for dose meter records and none can be found.

I found declassified records of his work at the special warefare lab, sandia base but nothing else.

The lady at DOJ said all they need is a site participant certificate. He had none.

BTW, he went to work at the cape...he was the flotilla commander for all apollo mission recoveries.

A true hero and my mom deserves the 75k.

She is writing her congressman now and sending for his va file if he has one

thanks