“In a January 2006 decision, the Board upheld the RO's denials
of the appellant's claims. Thereafter, the appellant
appealed the Board's decision to the United States Court of
Appeals for Veterans Claims (Court). In November 2008, the
appellant and the Secretary of VA (the parties) filed a Joint
Motion for Vacatur and Remand (Joint Motion). The Joint
Motion moved for the Court to vacate and remand the January
2006 Board decision and, in a December 2008 Order, the Court
granted the Joint Motion. As such, the January 2006 Board
decision is vacated.”
The veteran's initial claim was not prepared very well and this was one of the problems.Still those problems were finally overcome,
But -it took a lot of tenacity on the widow's part to succeed here.
The veteran died in 1995 and her application for DIC and accrued was filed in timely fashion.
Her award for accrued only took FIFTEEN YEARS!!!!!She also now has potential chance now for a DIC award based on the medical evidence at time of death.
Question
Berta
“1. On August 23, 1988, VA received the Veteran's original
claim of entitlement to service connection for diabetes
mellitus type II, claimed as a result of exposure to
herbicides, which remained pending and unadjudicated at the
time of his death in May 1995.”
(that's right pending and unadjudicated for 7 YEARS!
2. The Veteran's diabetes mellitus type II, diagnosed in
April 1981, is presumed to be related to his exposure to
herbicides coincident with his service in the Republic of
Vietnam.
ORDER
Service connection for diabetes mellitus type II for accrued
benefits purposes is granted."
REMAND
(the remand was to determine if a cancer listed on the death certificate was an AO STS cancer or if DMII contributed to or caused the veteran's death)
http://www4.va.gov/vetapp10/files1/1001629.txt
This is quite a claim.
It takes a good careful reading.
“In a January 2006 decision, the Board upheld the RO's denials
of the appellant's claims. Thereafter, the appellant
appealed the Board's decision to the United States Court of
Appeals for Veterans Claims (Court). In November 2008, the
appellant and the Secretary of VA (the parties) filed a Joint
Motion for Vacatur and Remand (Joint Motion). The Joint
Motion moved for the Court to vacate and remand the January
2006 Board decision and, in a December 2008 Order, the Court
granted the Joint Motion. As such, the January 2006 Board
decision is vacated.”
The veteran's initial claim was not prepared very well and this was one of the problems.Still those problems were finally overcome,
But -it took a lot of tenacity on the widow's part to succeed here.
The veteran died in 1995 and her application for DIC and accrued was filed in timely fashion.
Her award for accrued only took FIFTEEN YEARS!!!!!She also now has potential chance now for a DIC award based on the medical evidence at time of death.
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