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Ao Widows.widowers

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http://www.nvlsp.org/Information/ArticleLi...%20Compensation

The date that any past denied DIC claim was filed as well as other considerations determine the retroactive EED for claims of DIC under Nehmer.

I hope any survivor of a deceased veteran who had Parkinson, hairy cell B leukemia, or Ischemic heart disease listed as cause of death or contributing to their death on the veteran's death certificate and had exposure to AO will promptly re-open thier DIC claim.

Although the VA is supposed to seek out these denied survivors who might fall under the new presumptives- they should definitely re-open the claim on a 21-4138.

Although these are re-opened claims the EEDS will usually be date of death of the veteran.As long as the DIC claim was filed within one year after death.

I am giving my owh claim agan as example because I double checked this info with NVLSP on my EED.

DIC filed within one year after veterans death in 1994.

Direct SC denied.( many times) but 1151 DIC awarded with FTCA offset 1998.

Re-opened in 2003 for direct SC death due to DMII contributing.(also on death cert-ischemic heart and brain disease contributing to death)

My EED ,under Nehmer, due to my AO death award for direct SC death is 1994.

1151 Offset has to be refunded too.

Nehmer does not provide this type opf EED (date of death) unless the DIC claim was formally filed within one year after the veteran's death.

Accrued under Nehmer-

If a claim for accrued benefits was filed within one year after death-

Nehmer stipulates that-unlike the regs for most DIC claims-

which only provide 2 years of accrued -

Nehmer provides ALL accrued benefits.

I await a decision from the OGC on this part of my claim and will post here what the outcome is.

My husband was awarded 100 % P & T for 3 years prior to his death but VA sent me only the 2 year accrued limit.Per the regs at that time.

But under Nehmer ("ALL "accrued go to the survivor)one could assume they owe me the additional year of 100% P & T accrued comp less the 30% he got-

but the 100 was for PTSD and not an AO condition.

This presents a problem for VA as well as for anyone else affected like this- so I am glad my case had so many different nuances that I can post about here that could affect others-when they are resolved.

The Nehmer court order does not specify in any way at all that additional accrued benefits must be derived from an AO disability so the reg is on my side to fight for that additional year of accrued-

still- my case is so unique that maybe I will be able to post their decision on this accrued year and it could help others.

I would imagine the VA under the "ALL accrued" provision of Nehmer might well owe many survivors lots of additional accrued money and the VA hopes they wont find out.

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