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313 questions in this forum
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Bulldog4Life - Help With Dic
Berta, My question is on Dic? Me and my late wife was married on 2 different occasions. The first marriage lasted 13 years and before she passed away 8 months. She was 100% for 20 years and P/T for 17 years. In the USC 38 1311(2) it states that a veteran that was married to the same veteran more than once the Original marriage will be used in determining the statutory benefit. It also states that the time of marriages Will be considered. Now I was nt paid the enhanced benefit of $258 per month., which states that the spouse has to be married for 8 straight years until the veteran dies. If they are taking the 13 years I was married would nt that meet the requirement? …
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ptsd Need Your Suggestions On Dic Appeal...
Hello, I have spent quite a bit of time on here the last couple of days reading and reading and then researching and researching. You all are a wealth of information, thank you so much for the guidance. I feel like I am at the point where I need guidance and reassurance that I’m not fighting a losing battle with the VA to determine if my Fathers untimely death was service related or not… My Father served 3 tours in Vietnam (USN) from August 1965 to January 1968 (He was in Vietnam just 10 days after his 17 birthday, thanks to his loving mother who sent him off to war (insert sarcasm)). After 1968, he was discharged to deal with 2 knee injuries that he suffered, one …
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New Va Burial Benefit Policy
http://www.benefits.va.gov/compensation/claims-special-burial.asp
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hypertension Service Connection After Death Of Veteran & Dic For Spouse
Hello Everyone, My question is this. Can a surviving spouse of a non-service connected, decease Veteran receive DIC? If the Veteran could have been service connected for AO Exposure in Korea during the recognized years. The Veteran die of an unexpected heart attack. He had Hypertension and Diabetes too but, wasn't aware he could qualify before death. If the answer is yes. How would I prove he served in a particular unit eligible for SC. Be it assigned or attached to these units recognized by VA & DOD. The DD 214 states a unit but, this unit was scattered all over Korea? We don't know where he served in Korea. The spouse has already filed but, was denied …
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Dic Remarriage Regs/benefits
"A surviving spouse under age 55 who remarries loses CHAMPVA eligibility at midnight of the date on remarriage. He/she may re-establish eligibility if the remarriage ends by death, divorce or annulment effective the first day of the month following the termination of the remarriage or Dec. 1, 1999, whichever is later. A surviving spouse who remarries after age 55 does not lose eligibility upon remarriage. " http://www.va.gov/opa/publications/benefits_book/benefits_chap12.asp Also: Under PL 108-183, which was effective January 1, 2004, a surviving spouse who remarries after age 57 retains eligibility for · DIC · VA home loans, and · VA educational benef…
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Question On Dic For Berta And Other Dic Experts
Situation: U.S. Army boots on the ground Vietnam veteran recently died from a sudden heart attack. At the time of his death, the veteran had several service connected disabilities with a total 100% P&T rating. However, his 100% rating had been in effect less than 10 years. The veteran had never filed a claim for IHD prior to his death. The veteran's wife went to the local county VSO and requested assistance in filing a claim for DIC. The VSO advised the wife that she was not eligible for DIC because her husband died from a non-service connected disease. The wife questioned the VSO as to why she would not be eligible since her husband died from a Agent Ora…
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Married Ex-Spouse
Can a married ex-spouse have any claim to DIC, or any other death benefit of a vet who dies from SC condition? My wife's ex-husband finally did something good and died. I am pretty sure the bastard died from an AO condition. Some private investigator called my wife to try and track down her ex's children. I was taking a nap or I would have told her to ask that he send her a letter making all these requests. She was in shock to an extent so she gave out a lot of information to a stranger over the phone. John
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Jeannie - Newbie - Needs Dic Help
Good evening group, My name is Jeannie and I am a widow of a retired disable vet. I can across you website through another website for vets. You story about DIC. I have been fight with the VA and DFAS regarding my husbands death benefits. It's been two yrs. and I have not received anything? Is this process like the VA ? With no disrespect but they are a joke to deal with. Thank you again for allowing me to join
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Accrued Benefits - Evidence In The Record
With the standard for accrued benefits for Veteran's dying in 2007 being what was in the record as of the date of death - I am assuming that means other evidence I submit for my DIC claim (for lung cancer) can't be used in determining entitlement for accrued benefits (for my husband's pending lung cancer claim). However, from some cases I have read it looks like the BVA sometimes still seeks a medical opinion on accrued benefits claims. So does this mean that they can ask one of their examiners to offer an opinion based on the evidence that is in the record, but I am not allowed to refute the opinion, or submit an IMO?
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Base Previlege Id Card Expiration?
I'm trying to help a friend's spouse who is recieving DIC. Her base previlege ID card is expiring in Jan 2014. Does she needs to write the VARO to get a letter again, or she just need to renew her ID card?
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Failure Of Duty To Assist - Accrued Benefits
Does anyone know anything about this? http://www.attiglawfirm.com/blog/va-benefits/veterans-disability-benefits-accrued-benefits-veterans-spouses-and-survivors-often-miss-this-claim-for-additional-compensation/ "if the Veteran would have provided that evidence to prevail in his or claim but for a failure in the VA’s Duty to Assist, then it is possible that an “accrued benefits” claim can be reopened for submission of additional evidence."
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Interesting Case On Effective Date For Accrued Benefits
There is an interesting case here: http://search.uscourts.cavc.gov/isysquery/32119468-1bd3-472d-8be0-cdab3d32e510/29/doc/ One interesting aspect is that the veteran died from ischemic cardiomyopathy and valvular heart disease while he was appealing the denial of an increase in rating for his valvular heart disease (which had been rated as noncompensable). Another interesting aspect is that the widow was initially denied DIC, though the veteran died as the result of a noncompensable SC condition in December 1995. (You would think dying would surely put the the condition into the realm of being a compensable rating). But also interesting was that when the widow was…
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