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DIC Granted!

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page1006

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I found out about one week ago that my DIC was granted. I didn't want to get too excited because the letter I received from BVA was quiet confusing, but today I looked on my account and I saw the back-pay! I originally filled in May of 2010! This is so bittersweet to say the least! I have been so emotional all day. I wish I could have my husband back and my son could have his daddy back instead of getting this money:( I can see my husband doing a happy dance in heaven. I was struggling to make it on my own so I know he is able to rest easy now that my son and I are taken care of. He was so upset when they granted him 10% three days before he passed away. 10% after they diagnosed him with PTSD and told him he was non-deployable after they recalled him!? He was getting everything ready to appeal so I am very happy I was able to complete it all for him! Thank you to everyone here on Hadit for all your help! Thank you to Ms. Berta for answering all my difficult and confusing questions at any hour of the day! You are heaven sent! 

I received the total backpay today without them paying the lawyer anything. I called the VA today and was told that they don't see a lawyer listed on their end. I hired the lawyer in May of this year but from my understanding BVA messed up and didnt communicate a decision with me so there's a possibility that the decision was made before I hired the lawyer. I asked the case manager today if I owe them anything and she said she would get back to me. If I owed the lawyer anything doesn't the VA pay the lawyer first before sending me my backpay? I'm a little bit confused. 

Also, I asked the VA if my son and I qualify for health benefits and educational benefits and was told no since my husband wasn't 100% before he passed but I could always try going to a VA Hospital to talk to them to them personally?? He said there's always ways around it. 

I plan to help my parents with the money I received and spoil my 8 year old as much as his daddy would have done if he was here. I also want to pay off all the debt I have accumulated since my husband passed. I also want to put some of it in a savings account. I already had started a college fund for my son before. Should I pay off my student loans with that money as well or just slowly pay it off monthly? 

 

Edited by page1006
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Congratulations!  

Check to see what the interest rates on your student loans are.  If they are very low/no interest, then you would be better off paying high interest loans such as cars/your home etc, first.  Pay the highest interest rate debts first.  

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Gee Page, I didn't feel I was much help at all, as it sure was convoluted on VA's behalf.......but this is FANTASTIC News!

I can feel your sense of Relief!

"If I owed the lawyer anything doesn't the VA pay the lawyer first before sending me my backpay? "

As far as I know,  they can withhold any money due to a lawyer....and even if they did and you do not feel the lawyer should be paid...I can help you prepare a statement to support that.They withhold the fee to give us time to rebutt it if needed.

It depends on a 5 point criteria though...but sounds to me like you did this all on your own!

But I only had experience with a local vet who had been at the CAVC twice with  lawyer's fees..His lawyers did Nothing to help him but I got him his comp and prepared a letter of rebuttal for him to the thousands VA was withholding from his retro. I never give out my personal info and he is one reason...he was calling me incessantly about his  claim, trying to bully me, to make the VA move on his claim, but no calls after he sent the VA the letter on the rebuttal.Never heard from him again so I think that letter and some evidence I added did the trick. Others here have had more experience with lawyer fees.

 

The decision itself will tell you more.It seemed to me they owed you 8 months of DIC?

I get 1254 a month but with no children under 18.They add more for dependent children.

Those rate charts are here somewhere. Your child would surely be eligible for Pell Grants ,if they are still available,or maybe your state has special college financial aid programs for children of deceased vets.And there might be a way around the lack of the 100% P & T status.......but that might be something a GOOD lawyer should look into....plus us here if we can see the decision when it comes.

They buggered up your claim so much that it is,in my opinion, ' as likely as not' they might have made a CUE legal error in the decision....to your advantage.

Relax and Enjoy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Yippee to you and please stay with us ...you are an Inspiration!

 

 

 

 

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Congratulations on Being Approved for DIC.

Ms Berta you help a lot of veterans that come to hadit and read your post  but they don't post .

I had veterans tell me that they don't post but they do read and most of them Read your post and use them to help them with their claims...see you are very important to Hadit and to the veterans that come here un-noticed.

Out Standing Mam!

...............Buck

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On 10/11/2016 at 5:41 PM, Berta said:

Gee Page, I didn't feel I was much help at all, as it sure was convoluted on VA's behalf.......but this is FANTASTIC News!

I can feel your sense of Relief!

"If I owed the lawyer anything doesn't the VA pay the lawyer first before sending me my backpay? "

As far as I know,  they can withhold any money due to a lawyer....and even if they did and you do not feel the lawyer should be paid...I can help you prepare a statement to support that.They withhold the fee to give us time to rebutt it if needed.

It depends on a 5 point criteria though...but sounds to me like you did this all on your own!

But I only had experience with a local vet who had been at the CAVC twice with  lawyer's fees..His lawyers did Nothing to help him but I got him his comp and prepared a letter of rebuttal for him to the thousands VA was withholding from his retro. I never give out my personal info and he is one reason...he was calling me incessantly about his  claim, trying to bully me, to make the VA move on his claim, but no calls after he sent the VA the letter on the rebuttal.Never heard from him again so I think that letter and some evidence I added did the trick. Others here have had more experience with lawyer fees.

 

The decision itself will tell you more.It seemed to me they owed you 8 months of DIC?

I get 1254 a month but with no children under 18.They add more for dependent children.

Those rate charts are here somewhere. Your child would surely be eligible for Pell Grants ,if they are still available,or maybe your state has special college financial aid programs for children of deceased vets.And there might be a way around the lack of the 100% P & T status.......but that might be something a GOOD lawyer should look into....plus us here if we can see the decision when it comes.

They buggered up your claim so much that it is,in my opinion, ' as likely as not' they might have made a CUE legal error in the decision....to your advantage.

Relax and Enjoy!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Yippee to you and please stay with us ...you are an Inspiration!

 

 

 

 

Thank you, Ms. Berta! I would really appreciate it if you could help me if necessary. I will be getting $1564 per month (Including my sons part). The case manager of the lawyer's office said she would get back to me yesterday and never did so I'm not sure at this point.  

I got the decision today. The decision states that the service connection for the cause of death is granted and basic eligibility to Dependants Educational assistance is established. I hope that means I can receive educational benefits as well. I wanted to go back to school very soon. 

In the evidence section it only lists evidence submitted before 2014. From my understanding the correspondence from Dr. Gordon is was sealed the deal. Rating Decision shows November 12, 2014! Does this mean the lawyer has no right to charge me the 30%? I hired him in May of this year.

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Page, I believe  the decision should have mentioned any fee being withheld to pay the lawyer.

At least that is how I understand it....because they have to give appeal rights if the claimant disagrees with what they want to pay in legal fees.

I sure hope others will chime in here on that.

It looks to me however, that there is no fee due to him.

Yes, that must have been quite an IMO! 

Chapter 35 DEA is GREAT! The VA paid for the last half of my degree from American Military University.

There is more info here on how Chap 35 DEA works for dependents.

I am sure Broncovet or Gastone or others would know better on any legal fees, as I only had that one experience with a local vet-and I sure think the VA would have mentioned any fees in the award letter.

 

 

 

 

 

 

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