Als-lou Gehrigs

[vmo]

Just received phone call a few minutes ago from 65 yr old widow who's husband died from ALS Lou Gehrigs Disease. She filed informal claim by phone the end of September and received VA Award letter today approving her for widow's DIC of $1091. monthly. I've been slamming the VA Regional Offices a lot lately. This is the way the "system" is suppose to work. Hat's off to the VARO Cleveland for a job well done. I call them as I see them. Thanks again!!

[WhoopAssSmitty]

It's always good to hear these types of stories.

It is also a great thing, when the veterans family is taken care of, after the vet passes away! There are so many things the widow(er) faces and having to deal with.

The DIC maze is really a pain in the rear at times, especially when it messes over the family and causes undue hardships!

Congrats to the widow for getting the award.

Tell her not to forget to contact SSDI, perhaps she's entitled to some of his benefits there as well.

Thanks for sharing.

Whoop

[john999]

How far with the award for ALS go back in retro. If a vet died 20 years ago from AlS would his widow be eligible for DIC now, and would it be retro to his death?

[vmo]

I have not seen the award letter from the VA concerning her approval for DIC . From what she told me by phone back in November, VA was going to pay her for October and November with her first check, sometime December, 2008. Vets been dead for years. VA did not pay any retro benefit prior date of claim. I think with pending appeals, CUE, or possibly certain illnesses, VA can pay retro back prior to her date of DIC claim. However, I believe most are paid effective first of the month following date of VA receipt of claim. In addition, I believe there is probably something in 38 CFR that prevents lengthy retro benefits to date of death. (Help me hadit-please). Was not there a change in 38 CFR, like back in the early 80's concerning how far back retro benefits can be paid prior to date of claim??

[Berta]

As I understand the ALS regs- there seems to be provision for any ALS vet whose claim was denied by VA in the past.

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1583

However-if this was the first application this widow made for DIC (unless she had a pending claim at the BVA or CAVC)

I dont see how she could obtain a more favorable EED.

ALS is not under the Nehmer AO stipulation rgarding retro and also VA rests heavily on the actual date a DIC application was filed.

There is never any accrued benefit possible-unless the DIC app was received by the VA within one year after the veteran's death- and the widow re=opened the pending claim of the veteran.