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About MEM

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  1. Thank you for clearing this up for me, and all of the other helpful information you and Buck have offered me. It is much appreciated.
  2. Yes, we have sent in the Death Certificate 3 times (original claim, inquiry on old claims, and evidence of marital records). Berta, is it your opinion that my mom needs to file a NOD or is the request for reconsideration that has already been filed enough? I'm confused about this. Is this because my dad didn't file before for service connection before he died? Just trying to understand Nehmer better. Thank you again for your time and responses!
  3. I understand Buck52, and I appreciate your help. It's hard to talk about, but necessary. His cause of death was Metastatic Lung Cancer. They say that because that's where his cancer started. It then spread to his brain, spine, liver...... Thank you for your service!
  4. We have submitted all medical records we have. We sent a copy to the VA. They have acknowledged receiving the medical records. The original diagnosis says "Non small cell carcinoma consistent with adenocarcinoma". I can't tell you if that is "respiratory" in nature. But, I found this on Publichealth.va.gov... "Respiratory Cancers and Agent Orange Veterans who develop respiratory cancer (lung, bronchus, larynx, or trachea) and were exposed to Agent Orange or other herbicides during military service do not have to prove a connection between their disease and service to be eligible t
  5. Oh, Berta, Forgive me, I typed that reply wrong. New to this! I meant to put my answers under your questions like you've done on other posts I've read, but somehow I ended up changing your entry by quoting you inside of your original reply. I'm sorry.
  6. I'm having trouble uploading the VA letter regarding mom's request for reconsideration. It is dated 10/30/18 and says: "We are working on your claim for: Dependency and Indemnity Compensation Accrued Survivors Pension We received your request for reconsideration on October 24, 2018. In order to reconsider your claim, we need additional evidence from you." The letter goes on to say the VA needs my mom's marital records and included a 21-686c, which she filled out and returned along with copies of all marital licenses, and divorce decree, and death certificate.
  7. Mom received this letter regarding her reconsideration request. We have since sent all of her marital information (again). I called "peggy" to make sure they received this information, at first the lady told me no, but I asked her to look in all the "areas" correspondence could be and she finally said, oh, yes its here. I don't understand!
  8. Berta, you are a wealth of information and I'm so thankful you are taking your time to help with this. Our VSO discouraged us from filing an NOD because she believed the request for reconsideration would be a quicker route. She stated an NOD takes longer??
  9. Forgot to include....Because of the lack of response from VA in '89, my mom filed another 21-534 in ’90. I have a copy of that claim too. Stamped "received" and dated. I asked the VA rep who was helping me at the VARO if there was any further communication in his c-file re: the '90 21-534 claim and she stated "nothing follows regarding this claim”. There were no letters in his c-file regarding this claim at all. This is the same VARO who received the claims 29 years ago.
  10. Thank you for your replies Berta and Buck52! My mom does not receive SBP or anything else from VA. She says Dad didn't sign up for it. She did move, but it would have been after the ’89 letters were dated I believe. Memory of that time is a little fuzzy. Dad never filed a disability claim during his illness. He was not a VA patient. He received all cancer treatment from private doctors. Mom did not have a VSO back then. The original claim is 29 years old. There is more to the story which might make it difficult to decide…. I know about the ’89 and ’90 claims only because she fi
  11. Berta, Were you able to see my last reply? I'm new, and am not sure you saw my response. It says "hidden" at the top.
  12. Thank you Berta! Sorry for your loss. 1989 my mom filed a 21-534 shortly after my father's death. (Stamped "received" by VA with a date) 1989, Form 21-6789: Claim "DEFERRED" due to "Other". Under "explanation for items checked" is handwritten "AGENT ORANGE EXP. claimed. Control for receipt of instructions". 1989, Letter from VA: "VA could not take immediate action on your claim for benefits based on dioxin (Agent Orange) exposure because a U.S. District Court has directed that the Department of Veterans Affairs reconsider its regulations pertaining to dioxin exposure. As soon
  13. Hi, My career army dad served in Vietnam. He died after retirement at 48 of lung cancer. Does a deferred 21-534 claim from 1989 constitute a nehmer claim? The information I've read on the internet seems to say claims that were denied are Nehmer, but I haven't seen much information about claims that were marked "deferred" and never adjudicated. The claim includes AO presumptive illness. Thank you all for your help and wealth of information that you share on this forum. I've been reading it for a while and you have helped me so much!
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