Anything For Mom

[Patrick1]

Hi all-

I am new to this forum and in need of any assistance. Here is the deal, my father had been rated 100% disabled by the VA off an on for years. He then had his 100% rating for about 6 consecutive years when he passed away. They listed NC on the death certificate. My mother took care of him the entire time and did not work. Now she has been denied benefits because he was not rated 100% disabled for I think 8 consecutive years is what they said.(how can this really be a law?) So now she has no income and no health insurance. The VA is saying tuff. I dont know what I can do... Any ideas?

Any responses very much appreciated

[carlie]

I forgot to mention the vet died of oat cell cancer...he was in world world war II was hon dis in may of 64 died Jan 89

not any medical records to go check? just death certif ect,,ect,,

any help this widow can get would be greatly appreciated , if its just help with her meds, she is disable with ostroporis bad she is very bad takes most of her SS TO BUY HER MEDS, ALTHO MEDICADE HELPS BUT NOT WITH HER MORPHINE PAIN MEDS WHICH IS HALF OF HER S.S. CHECK.

Any one kow if she can get VA to help her?

Thank you.

Rockytop,

Please repost this info by starting your own topic thread.

Thanks,

carlie

[deltaj]

Hi all-

I am new to this forum and in need of any assistance. Here is the deal, my father had been rated 100% disabled by the VA off an on for years. He then had his 100% rating for about 6 consecutive years when he passed away. They listed NC on the death certificate. My mother took care of him the entire time and did not work. Now she has been denied benefits because he was not rated 100% disabled for I think 8 consecutive years is what they said.(how can this really be a law?) So now she has no income and no health insurance. The VA is saying tuff. I dont know what I can do... Any ideas?

Any responses very much appreciated

One idea is to look into whether V.A. erroneously reduced his 100% rating in the past or erroneously failed to grant him a 100% rating at an earlier effective date. V.A. reduced his 100% rating on and off. It's possible V.A. could have reduced your dad's 100% rating contrary to 38 CFR 3.343 or 38 CFR 3.344 at an earlier date. If he should have been rated at 100% for 10 years or more perhaps his widow would have entitlement to DIC under 38 USC 1318. I recommend that you immediately send a written request signed by your mother to V.A. Was your dad receiving Social Security Disability when he died? If so did he ever tell V.A. about this in writing and did V.A. ever get copies of his Social Security records and consider those records in support of his claims? Were there any earlier claims for V.A. benefits were an increase was requested and V.A. failed to consider new and material evidence of an increase during an appeal period under 38 CFR 3.400 (q) or failed to consider evidence for an earlier effective date under 38 CFR 3.400 (o)(2)? Did your dad ever file a claim for increase with V.A. within one year of the date of medical evidence showing he had become totally disabled? Another avenue to an earlier effective date could be proving that V.A. failed to notify him of a decision at the latest address of record at the time there was evidence in the file of an increase in disability in the file. Sometimes V.A. ignores a Notice of Disagreement by the veteran and fails to issue a statement of case which leaves the earlier claim pending. I recommend you get a copy of your father's V.A. file and arrange it chronologically to look for the answers to some of these questions. Also don't forget the issue of inferred claims and don't forget the issue of informal claims. You can read more about this on the hadit claims forum and online. Search under inferred claims and veteran. Also search under informal claims and veteran. The regulation on informal claims is 38 CFR 3.155. Earlier hospitalizations or treatment can also trigger an earlier effective date under 38 CFR 3.157 (:P. I also recommend you read V.A. Office of General Counsel Precedent Opinion 12-98 on earlier effective dates.