akwidow

Hoorah!

I was reading over the DEA application and became confused - again. It says at one point that a person cannot get DIC and receive DEA benefits at the same time. Did I read this wrong? Now I can't find the citation. Berta - did you continue to receive your DIC concurrently while you were receiving DEA benefits for school? Anybody?

hugs, my dear Carlie. Chin up, and hug somebody there, as I am too far away to hug you myself. Give and get back, I always say....

I got your friend message today - thank you! I was out photographing a wedding all day, and now I am beat. Have fun doing wheelies in your new chair ~

I am happy to say I was awarded burial benefits for my late hubby, got the notice in the mail today. No money yet.... He died in 2004, and I won my DIC in 2010. It took a little over three months from application to award for the burial benefits. I am a bit surprised...but maybe it didn't take so long because the amount they will be paying me is under $1500. It is a small award for them. I had received $600 from VA in 2004, $300 for burial and $300 for headstone. One of his good friends had built him a hand made pine coffin....He was laid out in our home for a day as was his faith, so no funeral home. I had no idea how much it meant to me until after he was long buried. No money can replace him, but I have his memory... which I am still fighting in the name of. ...and you folks that are fighting for what is coming to you - Never give up!

I don't remember the details, but I remember you...good luck, and let us know ~

Good job!!!

I got another denial letter yesterday. It told me (after apologizing for telling me that hubby was not SC at time of death) that because of the DIC I got from date of death that I don't get the month of death payment. Is this true?

Great!

bump

I like this find as well. Good job, Carlie. I can see them lowballing the guy though, to minimize the retro.

maybe they hope he will forget to get back to them....

All I can say is - WOW!!! 30% over 29 years? Way to go!

It took six years and three denials for me to win my claim. If you had all that proof filed about your masto, they probably did not read it. Did they list it on the SOC? If it is not listed, they did not read it. Never give up a claim if you have proof you have a legitimate claim, IMHO. Never never never give up! You have one year from date of denial to file your NOD. They like it that you postpone things, because if you miss deadlines, you are out of luck. More folks will chime in.

They finally ajudicated mine...a 2004 case, in 2010. Try to do something to make your brain focus elsewhere for your own good. Maybe a good deed for someone else will help you forget while you wait. I put it away in my head as much as I could when I was in limbo, and after all the work was done, and as I never thought I would win, even though I had a good case - it helped me deal with the waiting. Good luck ~

Make sure you send all new papers to support both - I was denied my month of death claim - they said my hubby was not SC at death - and they came to that conclusion by looking at the claim file...oh, brother! I of course sent them a book of . by . and asked them to please read it...that it was all already in the claim file. This denial came from Nashville. I made sure the VARO was not in the flood waters, so they can't use that excuse on me ~ My cudos again! AkWidow

are you going to tell us what these last two claims are?

I looked - as a SC widow it does not look like I can get on, even though I am getting DIC and have CUE claims undecided.

I'm tickled too - hang-in-there-itis pays off!

Congratulations on your win. I too am a widow who had to fly with her own wings to win her claim without an involved VSO or attorney. It took me 6 years and three denials. I am glad it only took you four years. Make sure to file for those benefits! They will not do it for you - in fact, when I filed for month of death they wrote back and told me that my vet was not receiving any benefits at the time of his death....what a bunch of idiots. Here I am receiving DIC, which a widow/er can only get when their dead spouse is SC at death, and they turn me down. I sent them back a pointed but brief NOD letter with a copy of SC award, rating award, marriage license, death certificate, and their denial in case they forgot they denied me. Don't forget to file for burial expenses, medical ChampVa coverage and DEA benefits, and more. Never give up!

I love that never give up attitude - Contratulations!

My best to you too. My daughter fought MRSA for years before she was able to get it out. She thinks she got it from a dirty tanning bed...of course I had already told my girls to stay out of those tanning beds as they are cancer incubators... Try to enjoy the TLC you should be receiving, AkWidow

Thanks Carlie - saved it for further study.

Man, I hope one of the Sages can help you - I am not skilled enough at VA law. Bump

They said they denied me because the 'vet was not receiving compensation at the time of his death' - which is completely false. I included copies of his rating decision, and his entitlement letter which even had a cola increase on the first page. I know for a fact that month of death was not included in the DIC retro I received...I did the math when the check came in and they were spot on accurate in their compilations at St. Paul, MN. Because these folks have proved to me they cannot read what is in the C-file, I included our marriage license, his death certificate, and a copy of their denial as well. I had already sent all of this stuff in numerous times, but you know how it goes. I PDF'ed all of it along with my NOD onto a CD in one file which I will include with the paper copies. That way if they get one page they get them all. I always keep a copy of the CD as well for myself. Having that CD in the rollodex of CD's makes it easy for future reference, and gives me an instant view of what was sent in for what. If I need a copy of a document that was sent earlier, I can pull the CD and easily go to it for another copy of any page for another purpose. I wonder if they will try to deny me for burial benefits too.... BTW, I am mailing the NOD back to Nashville, where the denial was written from. I got the denial yesterday, and am mailing my NOD back today. Should I send a copy to my local VARO as well? I originated this claim at least twice, and I know I started at my local VARO....but the denial came out of Nashville. Our local VARO is having issues with itself over poor porformance which have made local media news. I believe my local VARO incompetence is what caused the claim to be adjudicated at another VARO, but that is a supposition I made from observations... The precedent opinion talks a lot about whether a surviving spouse is alive or dead, but I did not see anything about what percentage a vet has to be disabled in order to qualify for month of death payment. The thing that confused me was their mention of 'death benefit'. Are they referring to DIC?