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314 questions in this forum
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IF WIDOW GETS ANY HELP FROM VA WILL?
Veterans widow daughter ask me a question & the daughter called me About her dad passed away about 24 Months ago...since he was not getting any VA Comp or have a claim in and never used the VA for anything the daughter wants to know if her mom can get any help from VA Financial help? he is was not service connected for anything NOR used the VAMC at the time of his death i TOLD THEM THEY NEED HIS DD 214 and any medical records c-file from his military days. anything military related from injury in basic training or any old injury while he was in the military ect,,,ect,,,, he was in the Army back in 1956 served in Germany with Elvis ok he …
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The importance of autopsies
I know autopsies can be costly.My husband was an organ donor here in NY and his autopsy was free.It contained a toxicology report and was very detailed in the autopsy of his main organs. I also know many survivors do not want to even think about an autopsy.In his case, he had to be cremated due to his specific donations to the organ bank -so no viewing. But- you all are probably familiar by now with the potential serial killings at Clarksburg W VA , I posted another thread on that-but got this info today: https://www.wvnews.com/news/wvnews/notice-of-claim-va-hospital-in-clarksburg-wv-conducted-autopsy/article_0d9a5efc-6fb9-5533-828c-8e6407d07e0c.html …
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Chapter 35
When I was 80% disabled I received money for my son in college. I am now P&T and they retroed it back to before he started college. So now he is able to get the full Chapter 35 benefit. My question is will they ask me to repay the money I was getting when I was 80%. Thanks I hope this is in the right section.
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widows-was your spouse a Blue Water Navy veteran?
Did he died of an Agent Orange presumptive but the DIC claim was denied? Did he have a diagnosed AO presumptive in his lifetime, rated and listed as NSC on any past VA rating decision. Did he serve within a 12 mile limit off the Coast of Vietnam, during the Vietnam War? If so please read the recent Blue Water Navy AO info in our AO forum. The July 2019 AO ship's list and the criteria for the pending regulations are there. All of the AO presumptives are there.
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Survivors of 100% P & T veterans
If your VARO, like mine, tries to get you to believe that your deceased spouse's disability of 100% P & T was NOT Permanent when he/she died, use this excerpt from the BVA to support the P status of their 100% P & T award. “Entitlement to a permanent total disability rating requires a Veteran’s disability to be both permanent and total. 38 C.F.R. § 3.340. Pursuant to VA regulations, a total disability may be established in two ways. First, total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. 3…
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New DIC/accrued VA process-I think
I just got a large packet from the RO in St Paul Minnesota, but my CUE claims were filed last Aug/Sept 2018 with the Buffalo RO. They can put me into the FDC criteria but I have to send them what I have already sent in.And form 21-0966. It appears I also only have to file a 21P-601 Application for Accrued Amounts due a deceased beneficiary. They sent the 21-534 EZ but I think that is only for new DIC claims. They enclosed copies of 2 my CUEs, and copies of my evidence ( OGC Pres Op 08-97 but none of the evidence I sent to my RO 2-3 times already. I guess I will have to copy all of the evidence again, none of it was enclosed except the OGC Pres O…
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was your DIC claim, if filed under 1151, denied because
because the doctor you charged with negligence was Not a VA employee?
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A READ First for accrued claims from survivors
http://www.uscourts.cavc.gov/documents/Quattlebaum_09-3557_published_opinion_1-5-2012.pdf This is established VA Case Law- and works this way: "The Board found the notion of reopening an accrued benefits claim pursuant to section 5108 inconsistent with the one-year requirement of section 5121(c), reasoning that "accrued benefits [claims] cannot be reopened once the [one-year] time period expires." R. at 7. Succinctly stated, however, we see no such inconsistency. On its face, section 5121 in no way indicates a preclusion 4 of reopening accrued benefits claims. Similarly, section 5108 on its face allows the reopening of any previously disallowed claim. Read toget…
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DIC for Drug Overdose
Hello, My ex-husband and the father of my children recently died from a overdose. He was 50%, but applied for 100% disability 4 months before his death. He went to VA's rehab 1 time and then went to Rehab/PTSD in South Dakota for 12-weeks and again 1 year later. He was signed up for PTSD clinic to start 8 days before his death. This doesn't include the ongoing counseling he was receiving through the VA. Is it worth filing a DIC claim on their behalf? I am fighting social security and don't know if I want to add fighting the VA if it is a lost cause.
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....> To Ms Berta /or Anyone that might know?
Ms Berta Remember my 32 year old cousin? who lost her father Died from S.C. diebetes (100%) since last Jan. She the one that would not get on Hadit because it was to hard)? They had a Parkinson claim in A.O. Presumption since he was S.C. on A.O. PRESUMPTION Before he passed...I think they filed the Parkinson in Oct/Nov 2018 they buried him Jan 18th 2019. Now She PM me and ask if there's any child's part since this veteran spouse died in 2014 of heart attact ...the daughter has recently 2 weeks ago been diagnose with Diabetes. daughter was his care giver the last 4 years of her fathers life but not getting any comp from VA. I…
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can daughter of recently decease vet get DIC?
Can she or is she entitled to any DIC From her father? Vietnam Veteran\VA Dx him with the diabetes and the Parkinson on presumption A.O. Claim he died in Dec 26Tth 2018 from Diabetes from presumptive A.O. Claim that he had just filed about 10 months prior to his death,and was awarded 100%, he also had a claim for Parkinson in but never was Adjudicated. his daughter was his care giver,,,,the Wife of this Veteran died in 2014 ...he also had a son but was distant from him . (he never remarried) He had a military Funeral , she ask me if she can continue his Parkinson claim and is she eligible for DIC from her late father? she is age 32 son a…
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a Great widow's accrued claim
The fantastic Ken Carpenter represented her: file:///C:/Users/Berta/Downloads/CAVC%20widow's%20award%20!!!!!JoyceEG_17-889%20(4.pdf I will try to explain it tomorrow. " On consideration of the foregoing, the Court AFFIRMS the Board's January 12, 2017, denial of TDIU for the years 1955 to 1960; REVERSES its decision with respect to the years 1961 8 As the Board correctly noted, R. at 7, only evidence actually or constructively in the claims file at the time of Mr. Joyce's death may be considered for purposes of accrued benefits. 38 C.F.R. § 3.1000(d)(4) (2017). 9 to 1971, 1973 to 1976, an…
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