free_spirit_etc

Thanks Hoppy. The claim does in essence "die" with a veteran. However, the spouse is entitled to accrued benefits -- benefits which were due to the veteran, or should have been granted to the veteran, but were not. Therefore I think the decision has to be made with the information already in the file at the time of the veteran's death. I can present new evidence for the service connection for lung cancer for DIC - but if the case is decided (in his favor) based on new evidence (and not evidence of record) I would get DIC - but no accrued benefits. As far as the other cases are concerned - we discovered the errors when we got a copy of his VA medical files when fighting the cancer claim -but chose not persue them until after the cancer claim was adjudicated -- as we didn't want to slow that down. As he did not reopen them -- they are in essence closed. I cannot reopen them with new and material evidence -- but I can argue something like a CUE - or possibly that an INFORMAL claim was created when the VA recieved evidence from the C&P that a previously submitted claim now had the required evidence of current disability (cervical) and that a INFORMAL claim for a chronic sinus condition was opened when the C&P examiner noted that his headaches were caused by chronic ethmoid sinutistis - and also noted that the SMRs showed consistent treatment for sinus infections throughout his service career, as well as a dignosis of chronic ethmoid sinutitis from x-ray reports of his sinuses. So the C&P examiner already pretty much wrote the nexus --connecting chronic sinus problems to the service -- the VA just missed it --as they were just focusing on the fact that the headaches could not be Desert Storm related, as they were a "diagnosed" condition. I think I might have an argument that these were both Informal Claims that were raised by the evidence - but not adjudicated, and thus still pending at the time of his death. As far as the shoulder claim -I think the only route to go on those would be a CUE claim -- and that would have to be based on the presumption of soundness - That he entered the service presumed sound -- that upon retirement he claimed a shoulder injury --that they FOUND a current disability from his shoulder injury --but denied SC because they said the SMRs did not show a shoulder injury and there was no nexus between his shoulder injury and his period of service. It would seem like if you enter the service presumed sound -- and serve 28 years -- and claim a shoulder injury UPON discharge -- you would not need an actual nexus. They confirmed his shoulder WAS injured. Again, it might be best to wait until I get the DIC thing under my belt -- but I know it also takes a HUGE amount of time to figure these things out... so I am making notes. As far as back pay goes -- I don't think I would actually come out ahead by very much - (because of waiving the retirement pay). But I do know he would want me to pursue it for other reasons. He also claimed asking for dental treatment at retirement -- you know the ONE TIME treatment you are supposed to get after discharge if you didn't get treatment within 90 days of your discharge (they are supposed to fix your teeth before you get out --or fix them one time after you get out). They bounced that back and forth between the RO and the BVA for YEARS -- trying to decide if his dental condition was compensible. He wasn't asking for compensation -he was just asking for his dental treatment he was SUPPOSED to get. But they kept so focused on denying him compensation --they didn't ever grant him the treatment...even though he pointed out that he was asking for treatment, not compensation. This was definately an error -- but I don't think there is anything that can be done about that now - as he can no longer get the treatment. Free

It would depend on what the buddy statement was about. My husband got buddy statements for his asbestos exposure -- and several of his former co-workers attested to the fact that they had been exposed to asbestos while working as electricians. He also sent a statement which summarized who these people were and summarizing THEIR statements: ASBESTOS EXPOSURE - WITNESS STATEMENTS To substantiate my own statements of asbestos exposure, and to provide evidence in support of the lack of screening programs, I am submitting statements from four former co-workers. The attached statements from my supervisor, two cohorts, and a subordinate (all in the time frame of 1979 - 1982, while I was an electrician at xxx) substantiate the lack of any screening program in general, while, at the same time, support my contention of repeated asbestos exposure. 1. A copy of a written statement from xxx who was a Staff Sergeant in the Interior Electrical Shop in Civil Engineering at Scott xxx. This statement indicates the type of work we did exposed us to asbestos, which is consistent with my statements. His statement also reports asbestos in poor condition in many of the buildings. This statement also indicates the electricians began to get training on proper asbestos removal in the late 80’s (which is well after I had cross trained into another field). x 2. A copy of a written statement from xxxx, who was a Master Sergeant and an electrician at xxx. This statement also substantiates the same type of work and asbestos conditions. This statement also indicates protective gear, and worker safety programs were not in place at that time. 3. A copy of a written statement from xxx, who was my immediate supervisor in the Interior Electrical Shop at xxx This statement also indicates asbestos exposure – as his statement discusses learning about the hazards of asbestos in the buildings I had been working in during the hazmat programs, which were started sometime in the 80’s. 4. A copy of a written statement from xxxx, who was a Master Sergeant who replaced me as the NCOIC of the Interior Electrical Shop at xxx. This statement also substantiates the type of work we did as electricians, the asbestos exposure, and the lack of protective equipment at that time. I would also make sure they signed a Statement in Support of Claim Form - and write their statement on it - or attach their statement to it. Free

The form says: "Note to surviving spouse: If entitlement to DIC is established, a "seriously disabled" child overage 18 is entitled to receive DIC benefits in his or her own right. A veteran's child who is seriously disabled and over age 18 must submit a separate VA Form 21-534 to apply for benefits." Since my husband's cause of death has not been service connected yet -- does that mean we will be running two separate claims --one for my son and one for myself - to show service connection. Or will they only decide the service connection on ONE of the claims -- and transfer whatever decision is made to the other one? Or do I wait to file my son's claim AFTER my claim has been processed? I tell you - the HARDEST part of claiming the DIC was filling out the part on marriage -- and then it says "how marriage ended" divorce / death. I had to put that our marriage ended by death. It had never occured to me that our marriage had ended. I kind of thought we were still married..... Free

Hoppy, The reason the cervical strain was not service connected was that the VA had said there was no evidence of a current disability - though my husband had SMRs showing he had injured his neck and complaints of neck pain. It is hard to service connect something they deny is in existence. He did appeal -- but the BVA also said there was no shown cervical condition. But when he claimed for headaches -- THEN they decided he had a cervical condition which was causing his headaches. To me this WAS new and material evidence... that he had a CURRENT cervical condition. I thought the VA was supposed to consider a claim for ALL claims that are reasonably raised...whether the veteran diagnosed them properly or not. So though he was claiming for headaches --the fact that they attributed his headaches to the cervical condition they denied existed before should have been new and material evidence to grant the previous denied cervical condition. He had already satified the other prongs -- Entered the service presumed sound -- had a documneted neck injury in SMRs -- spent 28 years in the service --and claimed cervical condition prior to retirement. He was just lacking the current disability prong. Once they determined he had a current disability for a claimed condition - it should have been used to grant the condition, rather than deny another. Free

Thanks John. My husband wasn't in Vietnam. I know the pensions are pretty strict - but a nice "last resort" if needed. I help my ex father in law apply for increased pension when his wife died..for housebound. He is 95 and I got his doctor to write a statement. hey want him to be evaluated by the VA docs --- I know not ALL 95 year olds are housebound -- but it would seem that a doctor's statement that a 95 year old IS housebound would be sufficient. Free

Thanks for your kind words. I am sure I will not qualify for pension as I work -- my husband had Life Insurance, and I should start getting some Social Security from my husband as I have a disabled child in my care (my son whom he was adopting). I don't think the SC is a slam dunk -- I do think I will eventually get it -- but I don't think it will come easy - as his claim for lung cancer was still pending when he died. His claim is two-prong - 1. That his lung cancer was incurred in service --based on the fact that it is a slow growing cancer that was discovered at 3.1 cm two years post-discharge (after a 28 year military career). 2. That his lung cancer was more likely than not related to his asbestos exposure as an air Force electrician for 13 years (prior to safety programs being in place.) He was an electrician from 1970 - 1983 and a First Sgt. from 1983 - 1998. Free

Then I better fill it out -- just in case. I don't think I will get it -- but I guess it is better to fill it out than not to. I saw that my husband just drew an X through that part of his initial claim. So I wasn't sure. But his initial claim was filed in 1998. Filed claim - Sept 1998 Decided at RO - July 1999 Appeal reached BVA in April 2000 January 2001 – The BVA remanded it back to the RO because his C-file did not have a copy of his DD214 September 28, 2001 the RO sent the appeal back to the Board. October 2001 the BVA FINALLY processed his appeal. So it looks like missing one thing can really hold up your claim. Free

I don't think I have a strong case for AO exposure. Nor do I really want to take the time to build it right now. I just wondered if I should mention it in some way "Additionally he was exposed to other carcinagons, such as yadayada that have been found to be present at Andersen Air force Base in Guam where he was stationed from __ to ___" They would probably totally overlook it -- but it would be IN the file -- in case the Government ever decides to come clean about Guam. The asbestos exposure is much stronger. He had adenocarcinoma -- lung - lower lobe. He was an electrician for 13 years. There were no safety measures for asbestos instituted until after he cross trained in another field. (suported by buddy statements and a copy of the air Force Manuals that show the Asbestos Management Programs were instituted in 1988 - He was an electrician from 1970 - 1983) The type of work he did put him in direct contact with friable asbestos (supported by buddy statements, Air Force regs that indicate that electricians are now required to be screened, wear respirators, etc for that type of work. Evidence from the EPA shows that the PELS that were first established as safe were later found to be a significant risk. He sent in his work reports that showed some of the types of work he did which exposed him to asbestos. Part of the report states "We got a copy of the Asbestos Management report from the last base he worked as an electrician which shows they did a PARTIAL assessment of asbestos of the base in 1988. The recommendations in this report indicate removal in the locations assessed as Hazard Areas.” These areas have a considerable amount of damage and have the potential to create a hazard for employees and patrons. An O & M Plan has been supplied with this report to help XXX “Clean Up” and monitor the “Hazard Areas” until abatement can take place. The O&M Plan is not an alternative to abatement but merely a plan of attach (sic) which will allow XXX to monitor and repair asbestos until it can be removed. It sets for a standard of work practice which is designed to help protect the workers as well as the occupants. Due to the large amount of material and the magnitude of cost it will take years to assess priorities, design projects, and approve monies for the abatement projects. The O & M Plan is designed to help in the interim. Areas with large amounts of damage should be closed to personnel and labeled as asbestos hazard areas. These areas should only be entered in emergencies and by authorized personnel wearing protective clothing. After clean-up or abatement, air tests should be taken to assure thae area is clean and ready for occupancy. A need for quartly air monitoring should be discussed by xxx. With the magnitude of material and the amount of abatement work that is imminent, it would be most cost effective to train Scott Air Force Base employees to obtain and analyze air samples on base Implementation of the in-house O & M Plan and worker training is also in the best interest of Scott Air Force Base." So this shows they had a significant asbestos problem at the base. The report also shows asbetos in many of the buildings where his work reports and buddy statements indicate he did work that exposed him to asbestos. (Both the work reports and buddy statements name specific buildings) He recieved treatment for his cancer from the Base doctors. The oncologist on the initial report states " : “The patient’s past history is somewhat remarkable in that he worked as an electrician in the air force and was exposed to asbestos." The Pulmonologist states in his doctor notes: 2001 Notes: “CXR rpt seen > Upper Lobe Scarring & 3 cm Left Lung SPN Also likely asbestos exposure as electrician 1969 – 1982 N.B. – Chart & Consult & pt. Is in Error & pt. In Non-Small Cell CA & Not Small Cell. Important Differences explained to pt. e. g. Poss. Adeno CA unk 1 ° ? “ attac Former Smoker – Best is 1.4 Times Current smoker 10 Asbestos 8 Together – 80 ß Now “ 2003 notes: "Hx of Lung Cancer. S/P resection at SLU September 00 3 cm & LLL-ectomy. Adeno CA. Smoker & Asbestos Exposure. Impr. – 1. Poss Adeno CA Stump Recurr 2. 1st CA 2000 3. Exposure Cigs & Asbestos > 80 x’s Risk" My hsband also had a diagnoses of pathology proven Interstial Lung Disease. So I think our case for asbestos exposure is pretty strong - even though the VA examiner who didn't even SEE my husband stated there is no evidence that he was exposed to asbestos because he wasn't part of any occupation health screenings (which were not STARTED until 1988) That kind of ticks me off - not just for my husbands sake --but many of the guys who are now getting asbestos related illnesses were exposed PRIOR to the Asbetos Management Plans being in effect (so they had no protection for the asbestos exposure) -yet the VA doesn't even KNOW WHEN those went into effect -- and just deny people because they weren't part of screenings that weren't in existence at that time. This could affect A LOT of Vets -- and the VA SHOULD know when the military STARTED protecting their soldiers from asbestos -- and take that into account - rather than merely denying people because "if they weren't a part of the occupational screening programs -- they couldn't have been exposed to asbestos." Free

Thanks Pete. I have been in contact with Van and he sent me LOTS of information --document after document -- especially concerning the AO in Guam and the drinking water that was contaminated with all kinds of chemicals and pesticides for years. They had congressional hearings on the drinking water. They were ordered to start testing it after my husband had already left. The hearings showed that the tests they did were inadequate (diluted the tests, did not do tets for a long period of time though ordered, etc.) Lane Evans really pushed to have the files opened about the AO use on Guam -- so that the vets that were affected would be able to get benefits. The records are apparently sealed for "national security reasons." The copy of the EPA findings of Dioxin on the soil at Andersen is at their website. Of course, there was no PUBLIC health hazard involved - as the dioxin was only in areas that was off limits to civilians. Van even sent me information on the Nuclear Testing that was done in an area where the fallout is still affecting Guam. 100 years from now maybe someone would tell the truth. I don't have enough to build a case though --lacking an IMO that connects my husband's lung cancer to chemicals that the Government won't admit were used. Heck! The VA won't even admit he was exposed to asbestos for 13 years -- though the electricians now have to wear respirators when they do the same type of work my husband did. But I thought that to at least mention Guam / AO -- could protect the connection if the Government ever decides to open their files about Guam on the issue. The other website gives credit to the court for the AO / Guam decision - but it was actually the BVA. That one got through -- but other vets have been fighting for years trying to prove AO exposure in Guam. It is sad that the government won't admit to using AO in Guam...when Vet after vet tells stories about how they sprayed it all over the base to kill weeds -- and it killed all the weeds (and little animals - and other living things immediately). It just takes somewhat longer to kill humans. Free

Leo, My husband drew SSD, Military Retirement, and a 20% VA Compensation last year. The big thing military retirees have to watch for is not working after retirement. You have to have so many credits paid in during the last 10 years (like 5 years of credit in the last 5 years). My husband went to school after the military and then taught part time for a local college (not a Social Security Employer) so he almost missed getting SSD. Had he waited any longer to apply -- he would not have had enough credits paid in the last 10 years -- and working a little longer wouldn't have helped because each quarter he worked - he woud still be dropping off a quarter at the beginning of the 10 years -- thus staying even. Free

I am working on the claim form for DIC - so I can get the waiting game started. The bulk of it is about income - for claiming Pension. Do I have to fill this out if I do not want to claim for a pension at this time? I don't want to leave it blank and then find out 2 years from now they can't work on my claim until I fill it out. But I would not be eligible for Pension right now -- so it seems like a lot to go through for something you wouldn't get. Free

He was an electrician --and not directly involved with loading / unloading -- but I know the dioxin the EPA found at Andersen AFB was substantial...They have also found all KINDS of stuff in the water and air there too. Bt someone told me that a lot of the dioxin in the soil at Andersen was from them dumping the AO to get rid of it -- and so it would be hard to say when that happened (IF it happened). He was also at Andersen during Hurricane Pamela -- so they did lots of stuff that wasn't their typical "job." OMG -- you lived dangerous being a flagman for the crop dusters. The military probably seemed "safe" after that experience. My father was a farmer and they had HIM be the flagman once when they dusted his fields. The plane knocked the flag out of his hand and knocked him down. They called him several DAYS later -- to see if he had been hurt..Geeesh! Free

When my husband was denied SC for his lung cancer the first time -- they stated he was not in Vietnam - and thus had no presumed AO exposure. However, he was in Guam. We had questioned whether to address this issue IN CASE the government ever decides to admit to all the AO in Guam. Should the issue be at least briefly addressed - in case they ever do admit to AO in Guam (to protect the orginal filing date)? I know if they admited to the AO - the claim could be reopened if it is denied -- but if we don't alledge at this time that his cancer COULD be caused by AO in Guam - then if they open up the claims -- will they process the ones that DID allege AO exposure previously differently than the ones that did NOT? Free

Yes. I know the major focus of the claim should to get the SC awarded for the lung cancer. He had medical evidence in the file on the other ones. On two of them -- by the time the medical evidence was IN the file - he was no longer claiming for them. But it does seem pretty sucky that they can deny claims that you have xyz - and then when you claim something else -- they can deny THAT because you have xyz...without going back to award xyz. I know I am ahead of myself here -- but I usually am...looking 50 steps down the road -- to see how this step might affect that step. And I have to keep in mind that by the time I go through the lung cancer claim - there will be many more court decisions made that may affect past claims anyway. Free

It certainly would look like they have designated certain ROs to handle pre-discharge claims. This could be a "good thing" IF they had certain ROs that recieved special training to specifically handle the bulk of the claims coming in now -- and the unique circumstances involved (so they wouldn't be getting the cut and paste" "Your records do not indicate you served in Vietnam..." I guess the VA can say these claims are holding up the processing of claims for the same reason they say a lot of things -- It sounds good to them -- and people are still pushing that we need to support the vets from THIS war -- So it can make them look good that they are -- Free

I was reading through my husband's VA claims in my spare time.... And I have a question. When we were arguing his cancer claim -- we noticed other claims that we think SHOULD have been granted. It was recommended not to reopen or claim a CUE on them until we were done with the cancer claim.. as it could pull his c-file in all different directions. When he died this February - the only open claim he had was for the cancer. In regard to accrued benefits -- would the only way I could present the other claims be a CUE? There are 3 claims: 1. Right shoulder injury -- which was claimed on his original claim at retirement (1998) in which they did find something wrong with his shoulder -- but denied the claim (RO and BVA) based on the fact his SMR did not show treatment. They said he didn't have a Nexus either -- though I am not sure what type of nexus they think you should have when you claim the disability UPON discharge --after 28 years of service. But they said there was no nexus showing that the disability the found in his right shoulder during his initial C&P exam was related to the disability he claimed at retirement. We still haven't gotten a copy of his discharge physical --to see if the right shoulder is listed on that -- but wouldn't that be a Service Medical Record. I am assuming it WOULD be listed -- as he claimed it with the VA on retirement. Could this be a CUE (presumed soundness?) --and is that the only way I could persue the claim? 2. Cervical strain - He also claimed this on retirement. SMR listed cervicle strain -- but they couldn't find a current disability --( C&P 1999 )He appealed and 2002 C&P DID find a bit of damage at C-3 c-4 -- but wasn't considered disabling enough to warrant a "current disability" (even at 0 %) -- And the VA examiner stated my husband claimed it was service related --but that the c-file didn't show that it was -- (I have no idea how he came up with this) and stated he didn't think the current nondisabling disability was connected in etioligy to the service. Then the 2003 exam he had for headaches on a Desert Storm C&P stated his headaches were CAUSED by his cervical strain c-3 c-4 --(therefore not service connected -- as they were diagnosed. Again, when you have a neck injury in SMR -- and claim for cervical pain on retirement -- and then your neck keeps hurting -- and they keep finding that the condition is worse -- it sure looks like a nexus to me. So could this be a CUE? - or could it be considered an INFORMAL claim to reopen cervical strain that was never adjudicated (in 2003)--and as such would STILL be pending at his death? 3. Chronic Sinutitis (yes..I saw the other thread on this). On the headache claim the examiner also stated some of his headaches were caused by chronic sinus infections -- and the examiner also noted he had several incidences in service - and that his in service x-rays had diagnosed chronic sinustitis (both SMR and C&P designated the ethmoid sinuses). Again --would this be a cue? Is that the only way it could be raised for accrued benefits? or could it be a pending informal claim for Sinus Problems -- since the VA only addressed that his headaches couldn't be granted SC because they had been diagnosed and therefore were not related to Desert Storm Illness. Kind of odd -- Your headaches can not be Service Connected because they are caused by 1. a chronic sinus condition that was diagnosed in the service and treated repeatedly 2, the cervical strain that is in your SMRs and that you have been telling us has been hurting you since your discharge from active duty Therefore -- we deny you service connection... ??? Free

Can weight gain actually cause sleep apnea? Or are the symptoms worse with increased weight? We had a huge problem trying to get a doctor to write a letter for my husband for his cancer. Though they all TOLD him that he had to have had the cancer for YEARS (based on the type it was -- and the growth rates) -- it was impossible to get one of them to actually write a letter to that effect to the VA. His doctor said the VA would use their own doctors -- and make their won decisions anyway. But my husband DID write a letter that at least said that my husband was under treatment for cancer and that the AVERAGE doubling time of that type of cancer was 180 days -- and took it to the doctor - and the doctor signed it. Not the strongest letter he could hae gotten - but at tleast it was something... Free

I found a political science class I took very interesting --and one thing I noticed that was the difference that made the difference in civilations that survived for a long time was a strong military. No matter what tpye of civilation it was - the strength of the military is what kept the civilization going. If the military got weak --there went the civilization going....

No. I haven't used Dr. Bash. But some people have. I know there are discussions in this forum about him. His first name is Craig --which is five letters... which might help you find him. Ack! I THINK it is Craig. You can also go to the VA site -Board of Appeals and type in a search of his name -- in the search decisions part -- and see how his opinions have done at the BVA level. I think he has had quite a few outright granted and quite a few remanded for further development because of issues he brought up in his opinions. I think you can also search by year - to see how his opinions have been doing recently. This won't tell you much about the VARO -- but you can get info about his opinions at the BVA level from their site. Free

Thanks Ricky. It seemed like a long time to me. I hope they go ahead and process the request my husband sent then -- so I don't have to start over on the time frame. I am also wondering - they say for accrued benefits they make the decision on the information in the file at the time of death. I know they also assume the SMRs are IN the file - whether they are in the file or not. (i.e. if you later discover a SMR that should have been in the file, but wasn't - it is added to the list of what was IN the file) Does anyone know if this also applies to OTHER information that you have informed the VA of -- that they should have obtained? --If you let them know that other agencies had records that needed to be obtained -- and THEY did not obtain them --can that information still be considered as being IN the file at the time of death if obtained later. For instance -- the VA had denied my husband was exposed to asbestos -- as he wasn't part of an occupational screening. We had informed the VA that the Air Force did not even START medical screening for asbestos until AFTER my husband was no longer an electrician. The first regualtion WE found was for several years later. Now - if the VA was made aware that such a document existed -- (like it would be a surprise to them) --and they had not obtained it - can it still be added and conisdered part of the record? Or can they not consider it part of the record at his death when they did not obtain it? Personally, I think they SHOULD know when the screening programs started. Because of the time lag in asbesots related illness -- the VETS that are now being affected by asbestos were often exposed BEFORE any screening programs (or safety measures) were in place. Also the PELS changed significantly over time -- so what used to be considered safe is now outlawed. So for them to just be able to say "you weren't part of an occupational screening" when the military did not even IMPLEMENT such programs until later -- seems a bit unfair. So I think - like the PIES --they SHOULD have a record of when the safety programs began --as this could affect a lot of vets. Free

OMG! I remember all about this. Reading about it. They took the State Pensions away because of Federal Pensions. Then the Supreme Court was supposed to decide who got the pensions -- but they didn't have the authority to grant pensions as judges - so they were given the title of commisioners for hearing pension cases - if they chose to hear such cases. Then --they had THAT taken to Court --to the Supreme Court... and declared the pensions invalid... because it was not within their authority to grant them...so the VETS had to repay the pensions. So the Supreme Court decided that the pensions granted by their own members were not valid as their own members had no right to serve as commisioners. So it was all this Power Struggle between Congress and the Supreme Court over whether the Supreme Court SHOULD hear pension cases. I guess the Supreme Court "won" -- as they granted pensions as commissiners so they could come back as a court and declare their own actions (under another hat) invalid.. but the VETS were the PAWNS in this Power Struggle... It is pretty horrifying... Free

I called the VA today (Chicago RO) about seeing my husband's C-file --and getting copies of a few of the documents. I was told to see the C-file I need to write a request for an appointment -and it will take about 6 months. The same for getting copies of any documents. -- write a request and wait 6 months. I told her my husband had requested these documents LAST summer. She checked his file status and said the status is "Privacy" - which meas it IS in the process of having the documents copied - and that I should receive them in 30 days. Does this seem accurate -- Would they still send copies of the documents requested if his case has been closed due to his death without me filing another request? Does it generally take 6 months just to be able to get an appointment to see your C-file. I am particularly interested in getting a copy of his discharge physical -- as he didn't seem to have a copy. We even sent in a separate request for that -- as a limited request - hoping to get it quicker. The National Records Center say they don't have copies of his medical records - since they are at the VA. Do they ever go back to the Records Center? Or when you file a VA claim - does that mean your records live at the VA? It seems like the Records Center could just send COPIES of your SMRs -- so they wouldn't be held hostage when you need them... Free

I want to add to do as much research as possible to KNOW what you SHOULD be able to get - as often the people working at the agencies really don't seem to know --and might give you inaccurate information. My husband would not have had enough work credits for Social Secuirty if he had gone from the date he applied (June 2006) However, they can go back 12 months. My husband had worked earning over the substantial gainful amount until the proceeding August -- and worked until December. So he applied in June. The caseworker said he didn't have enough credits. (One short) -- I said -- but can't you go back 12 months? She found out she could -- He qualified. Then she tried to use December (earnings of $200) as his last month worked -- and count Jan - May as his 5 waiting months. I had to point out 3 times that I thought they should go back to August - since that was when he income dropped below substantial gainful employment before she finally HEARD me.. then she decided -- Yes -- they could go back to August. So he got 5 months back pay on his first check instead of 1 month. Now I am going through the same thing with my son...on getting my son benefits on my husband's record. First they said he wasn't disabled because he had worked. He was declared disabled 13 years ago by SSI (when he was 14) and worked part time less than 2 months for his father (and had his SSI reduced). Our current appeal is based on Social Security saying that the facts do not show that my son was living with my husband or receiving contributions for his support from him when he died. I have no idea where they pulled that from. So now I have to go back and show them - Well YOU (the Social Security Administration) reduced my son's SSI payments by 1/3 BECAUSE he was living with us and recieving room and board from my husband. So you are going to have to decide one way or another. You can't say he WAS living with us and recieving support in order to reduce his payments on SSI -- and then say he was NOT living with us and receving support to deny him SSD benefits. Thye just kind of rush through things and make pretty flippant decisions. So you can't count on the people who are supposed to be "in the "know" actually knowing what they are doing -- So just because one person (or ten) at an agency say you don't qualify -- that doesn't mean that you don't. You have to learn the regs --and be your own advocate. And if you call a toll free number --and the person says Hmmmm..maybe its.. They probably don't know -- they are just winging it.. Free

Have you paid into Social Security? I know that can be affected by government pensions though --and you have to have so many Social Security credits within the past 10 years.. but it might be something to check out. I agree this would work more as a family project - than you trying to shoulder the burden alone. See how the family can work together to generate options that will chip away at the overall BIG picture. When my husband had cancer -- I looked up information about accelerated benefits on his Life Insurance --to see if we could get some of the money while he was still alive. His insurance didn't have the accelerated benefits rider --BUT in looking for information on that -- I found out that his $91 a month life insurance premiums could be waived while he was disabled. So there was $91 a month. That led me to think -What else could be waived? I found out his student loan payments could also be waived for several years with a medical statement that he was unbale to work. After the initial acceptnce of waiver - you can work if you make under $12,000 a year. After 2 or 3 years of the "conditional discharge" -- if you are still disabled - they completely discharge your loan. So we got his conditional discharge for disability for the student loan. That was another $326 a month he saved...and the possibility of the entire loan being discharged. And since the student loan mentioned Social Security standards - while looking up those standards -- we realized my husband was eligible for Social Security - because he had cancer that had invaded the medistatian... We had always heard you don't necessarily get SSD for cancer. But in reading their standards I realized my husband had the EXACT standard to which they compare against. In 2006 - we realized he would have been eligible for SSD since mid 2004 - when his cancer invaded his aorta. He ALMOST didn't qualify because of the work credits -- but since they could file back for up to 12 months -- (and he had been working PART of those 12 months) - he made it -- Social Security processed it as a TERI claim (terminal illness) to expedite it - and he had a decision AND over $7,000 back pay deposited into his checking account within a few weeks. And he got another $1,475 a month. We had never even CONSIDERED Social Security before... So by doing a little exploring we "found" close to $1,900 a month that kicked in pretty quickly. It sure did help a lot..and I am glad we didn't listen to the people who say "you can't get this and you can't get that -without checking it out ourselves. Wow! 6 months is a long time -- but I would think you would be lucky if a claim is decided that quick. I just called the VA today to see about obtaining copies of my husband's discharge phycial -- and to make an appointment to see his C-file -and was told it would take at least 6 months for both of these. ACK! He asked for these way back last summer. I know they have some kind of procedure for expediting APPEALS if you are old, terminally ill, or in danger of starving..being evicted..etc.. at the VA. But I am not sure how this works UNDER the appeal level. We DID ask that my husband's claim be expedited due to his terminal illness last July. He died this February with nothing but form letters (we are working on your claim - we are working on your request for records...) BUT they did write a letter to a senator telling him that they were asigning his case to a supervisor so it could be decided more quickly. But hey! We deal with the Chicago RA -- Yours might be different. You never know if you can't get something - unless you ask for it. Hoping some of this helps... Free

A military retiree has to waive an equal amount of retirement pay to get VA benefits (if rated under 50%). Can a survivor waive back retirement pay if accrued benefits are awarded? Free