nytewalk

I'm not sure how much this will help you but the military and the VA will accept common law as long as you are living in a common law state. I am the widow of a disabled veteran who died in 2013 from Agent Orange related problems. Anyway, we were in SC and began our life together in mid-1995. At that time, he added me to all his accounts and also on his military and VA records, however, we had to get two affidavits from people who knew us that would say that we were living together as man and wife from 1995 to whenever it was we filed. We also provided records of items that showed us having joint ownership of accounts and property, etc. Bottomline, it was approved. We did, however, get married before he died but I had no problems receiving DIC nor his military annuity. I might add that he was also receiving CRSC before he died. I had to go through quite a quagmire when he died because his death occurred in a civilian hospital here in the area and I was livid about his treatment and his unexpected death. I paid for a very expensive autopsy to preserve anything and everything but couldn't find an attorney to take the case. Anyway, water under the bridge but it did give me what I needed to get my DIC because they refused to write the entire cause of his death and I knew the VA wouldn't have accepted it but they did accept the autopsy. Anyway, good luck...and thank you for your service!

I didn't realize I hadn't been back in here in awhile and I hadn't put a track on my post. Sorry. Since I posted this, the 2nd half of my husband's claim (for cardiovascular disease, secondary to PTSD) is now at the Court of Appeals and being handled by an attorney (pro bono) by Vietnam Veterans of America. You can add another one to two years before it's heard. Unfortunately, the ruling for ischemic heart disease doesn't apply to my husband. He has everything under the sun and is close to being ischemic but is not. Were that the case, his claim would be removed from the docket and he would have an automatic presumptive Agent Orange claim which would be retroactive to the time we initially filed. So, we wait for another gavel to crash down. This is justice for veterans? It should not even be at the Court of Appeals. I found a case that has already been granted for the same thing in the State of SC. Somebody must be making some big points on this one! He was rated 50% for PTSD on 29 September 2008; received his 1st check on 01 November 2009; but still have not received our retro!!! We just recently filed for TDIU (I hope I have the acronynm right!). We had gone on the assumption that he had to have 70% or more to be eligible for unemployability. Well, lo and behold, there is a Part B!! He hasn't worked since 2005 because 0f PTSD. We were just notified two days ago that it was 'being processed'. As all of you know, you don't hold your breath...you wait. Again, I apologize for not keeping track of this post and if I screwed up with this post...I think I may have! Maybe the kind Moderator will see it and 'erase' it. B)

My husband had to take a forced retirement at 62 and is receiving SS. As I recall, he took his DD-214 with him and was told everything was figured in but now I wonder. I'm also getting questions from other veterans after I showed them this Report. What would you suggest, if you're already receiving SS in order to make sure that you're receiving the correct amount? It's bad enough having to deal with the VA...now, the SSA?

Hi Jesse, I'm dealing with the second half of my husband's claim that we just got a denial from BVA on Friday when I read this post. You mention that you were/are working with a combat 'Nam vet who has already been awarded 60% for Cardiovascular Disease secondary to PTSD. They gave my husband 50% for PTSD but completely denied his claim for cardiovascular disease secondary to PTSD. I have 30 days to get a response in for him...between myself and his VVA rep in RI. I leave nothing for chance. We're in SC. Can you comment on how you got his claim approved because we had his cardiovascular surgeon and cardiologist write outstanding nexus letters, and we provided surgical documentation, lab reports, etc. I even found scientific/medical abstracts online to corroborate the links. Are there any specific cases to cite? Thanks for any advice. ~~Ruth