$490,063 Accrued--- Legal claimants

[Berta]

$490,063 Accrued Legal claimants

 

This case explains and supports all of the regulations I put into another  thread here,that has been closed. 

www.va.gov/vetapp08/files5/0839433.txt

 

In Part:   

"In a November 2005 rating decision, the veteran was awarded

service connection for a seizure disorder, rated as 100

percent disabling, effective back to June 4, 1981.  As a

result, the veteran was awarded retroactive payments totaling

$490,063. 

 

The veteran subsequently died on December [redacted], 2005. 

 

In January and February of 2006, the VA then issued his

retroactive award totaling $490,063 in four separate checks. 

Either the appellant or the veteran's uncle deposited the

checks into the veteran's bank account. 

 

In February 2006, the veteran's bank put a hold on the checks

upon being informed by Social Security of the veteran's

death.  The bank eventually returned the checks to the VA.

 

In November 2006, the appellant (veteran's mother) filed a VA

Form 21-601, Application for Accrued Amounts due a Deceased

Beneficiary, for the retroactive award.”  

---------------------------------------------------------------------------------------------------------

In-spite of being an executor or administrator of the veteran's estate-the mother had no legal standing for any accrued benefits

($490,063)

The deceased veteran had no children, and no one else who legally could become the proper claimant.  

Legal claimants are explained in above BVA decision and in the closed topic in claim's research from a mother of a dead veteran,in the other legal citations I posted here but

like many citations I post, no one probably has even read them..

The  $490,063 went back into the VA coffers. If this situation crops up again ( there are many claims like this at the BVA, claims not are not valid and add to the backlog)

This is the information you will need to have.

 

I

Edited May 19, 2017 by Berta

[Carl the Engineer]

Thanks Berta,

I agreed from the get go, and have had many examples of the military following their regulation(s) when is was a Army clerk.  The VA is probably no different.

Just becaue "you think" something should be, dosen't make it so.  Even when it makes perfect sense in your mind.

Hopefully, someone stepped up and did the right thing,

Hamslice