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Berta

Accrued $$$ Under Terry V Principi

Question

A question popped up here in Claims Research as well as maybe the DIC forum on this regulation and I just found some interesting info that might help any widow or widower as survivor of veteran.

I had mentioned in the older topic that although I was eligible for 3 years of accrued 100 % P & T due my deceased husband- the regs at that time allowed only payment of 2 accrued years-and of course the VA always used the cheapest years.I got accrued for 1`991 to 1993-yet accrued from 1992 to 1994 was the higher amount.

No reg to fight that with until Terry V Principi.

Terry V Principi (per NVLSP-VBM, 2009 Edition page 513)”results in an entitlement to much larger amounts of accrued benefits to some claimants.”

Those claimants would be those whose accrued claim was based on death of a veteran prior to Terry decision (May 10th 2004) and who either had a claim pending for accrued at that date ,which was favorably resolved but without the mandate of Terry applied to the retro accrued or- as in my case- who received a favorable accrued decision but only received 2 years of accrued based on the regs at that time- which now have a more favorable aspect.

The info on this is too detailed in VBM for me to post all here due to their copyright – and I will be calling NVLSP this week to clarify something they wrote in the VBM.

They suggest Reconsideration Requests be filed under Terry but in some cases like mine-for a decision on accrued that is now final-they suggest filing a CUE claim.

Deaths after Bonny V Principi- December 2003 receive ALL accrued benefits.

Nehmer Deaths receive ALL accrued benefits.

I cant get the accrued under Nehmer yet because VA doesn't want to rate the veteran's AO disabilites although they granted my husband an direct AO death. My battle continues with the VA on that point.

Accrued Benefits are those benefits derived from a claim the vet had pending at time of death which the survivor formally continued via the 21-534-until the accrued claim was awarded due to medical evidence in the Med Recs and C file at time of death.

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