The Va Taketh Away Faster Than They Giveth...

[free_spirit_etc]

A couple of months ago I looked up the regs -- and it said that the Va payment for the month of death is a right of the widow.

I got the VA letter - and it said to call the tool-free number - so I did.

I was told that I had to send in a statement of claim asking to be allowed to keep the February payment -and that it NOT be reclaimed.

I have since closed my joint bank account with my husband. (AT&T was taking money out, but was not authorized to do so - and was not even applying it to our phone bill - so who knows who authorized them to take it out -or where it was going -- I just closed the account - and still have to sort things out with AT&T -which is hard because the fact they are taking money out of OUR bank account is NOT recorded to OUR phone bill - so I haven't found anyone to trace it yet).

Anyway - I Have a personal account with the same bank - which I opened after my husband's death.

Today I called to ask why my avaliable amount is reduced by $225..

The VA has a hold on it. Since our joint account is no longer open - the VA is reclaiming the payment for the month of death from MY account.

Geez!!

It is amazing how fast they can do THAT!!

Too bad they can't pay that fast....

And they wasted MY time and THEIR time - sending me letters telling me to call - and answering my call - and telling me what to do to keep the funds --if they were going to take them back and make me send in another claim to add to their backlog to get the $225 back.

I will have to say it is NOT just the VA --

I have gotten the run-around from Social Security (who - since my son is disabled (autism) --and on SSI - reduced his SSI benefits by 1/3 because he was living with us and receiving support from my husband -- but when he applied for SSD on my husband's record denied him -- because he was not living with my husband or receving support from him (????) The same dang office -- and one cuts his benefits because of my husband's support and one denied him benefits because my husband wasn't supporting him..., the mortgage company, the credit card company who took two months to close my husband's account while fraudulent charges were being added to his card, --well -- pretty much everyone...

Again, it is the no acountability issue -- a world full of toll free numbers in which no one is responsible for what they tell you - so they just tell you anything.

I am tired........

Free

[Berta]

Free- I just had a thought-

and might have your situation mixed up with a local widow I am helping---

Does the VA have you fully established as the spouse of the veteran?

And do they have a copy of the veteran's death certificate?

Although the marriage license probably went in with his initial 21-526--

I am very sure I had to re-supply all that as well as the death certificate when I filed for DIC.

His claim was pending as I recall- when he died ---so maybe it did not fully get thru the post determination team where the VA requests dependency info etc.

In any event -I hope the Iris inquiry helps you on this-

[Berta]

I just read the run down on your claim Free-

I strongly suggest that you get a VSO ASAP to look into all this----

This is more involved than I thought----and something seems wrong here--

You will need copies of all of his SSOCs etc- and also his VCAA letter if he got one for the vet rep to see what is what here-----

I dont understand what you mean by "incurrence"- is it directly related to the asbestos exposure?

When a vet dies --NSOs and reps used to say the claim died with the veteran-but forget to tell the survivor that the claim could be resurrected-

I did an article for Stars and Stripes on ths many years ago-

Regardless of the status of the other claims-this is why it is important for you to resurrect his pending claim with the 21-534 form-

as to both the accrued portion regarding the claim he had when he died and also to establish DIC.

It sounded to me as though there was plenty of evidence to support asbestos exposure and disability due to it-

but something definitley seems wrong here and

not only do I suggest that you get all the paperwork together for an vet rep to look over but also to get a copy of his c file-

You didnt mention the VCAA letter-

If he did not get one or the one he got is not a legal VCAA notice, that would be a prejudical error on VA's part and I believe the vet rep you get could ask them to CUE themselves on any denials regarding the asbestos claim.

Or at least raise the prejudicial error issue-

This will take making appointment with a vet rep-

the VA web site has a whole of list of all reps --

and sorting out any past denials, SOCs, etc-and the VCAA letter and see why the evidence you mentioned (which is very supportive to asbestos claim) was never considered or why they considered it but failed to address it.

I am assuming-

he was exposed to asbestos in service which has been established by your evidence-

but which VA has to establish yet-

and that the asbestos caused disability which directly caused or contributed to his death- as it is listed on the death certificate. (with medical evidence to support that)

You stated :"I did get your point. And it is very helpful in letting me know how to proceed. I was just afraid that if I send in more evidence - they woud grant the claim - but then say it was because of the additional evidence"

It doesn't matter why they grant the claim- I often say Surround them with evidence-

Give them no way out.

You earliest effective date for DIC is the date of his death- if you file the 21-534 within the first year after death.

Accrued benefits- that would depend on a re-open of whatever he had pending.

Did he have a service officer helping him- if so -that is who you should conact-

but if not=the list is at the VA web site-

It would be good if you find a major vet org like VVA or DAV etc -who has an office right in the VARO building where these claims past were.

[Berta]

One more question-----

I am sure you told us but I forgot-

it seems he was receiving 10% SC? 225 a month?

What was that for and was this disability at all related in any possible way to his death?

Edited May 27, 2007 by Berta

[Philip Rogers]

Free - have you considered hiring a private law firm that specializes in asbestos related claims? I think the James Sokolove lawfirm handles them for a percentage.

pr

[free_spirit_etc]

I am not sure if they have me fully established or not. I reportd his death by phone - and sent in a copy of his death certificate, our marriage license, and my letter of office as executor.

So they do have the documents. But who knows what they did with them. They seem to be able to respond really quickly to reports of death. But other stuff sure takes awhile.

Our marriage license was in the same envelope as his death certificate - but then that might be handled by a whole different department.

And then the lady at the RO who took my call and said I could keep the payment might have thought I was already on his record as the spouse for years.

I am resending the marriage license and death certificate with my DIC claim. So I will probably not get the $225 - as they will hold the decision on that until they make the decision on the DIC years down the road. And maybe I will get it then - and maybe not. The law says I will get it. Will see what the VA says.

Wouldn't it be nice if they paid interest?

Free

Free

Free- I just had a thought-

and might have your situation mixed up with a local widow I am helping---

Does the VA have you fully established as the spouse of the veteran?

And do they have a copy of the veteran's death certificate?

Although the marriage license probably went in with his initial 21-526--

I am very sure I had to re-supply all that as well as the death certificate when I filed for DIC.

His claim was pending as I recall- when he died ---so maybe it did not fully get thru the post determination team where the VA requests dependency info etc.

In any event -I hope the Iris inquiry helps you on this-

[free_spirit_etc]

All the tangles in the claim will effect what is the effective date of the claim. He honestly believed that he had appealed as needed in 2004 - since the letter he got said "Your appeal has been sent to the Board of Appeals" and his phone call to the RO in June 2006 - they didn't tell him the case was closed -- they just told him to send his additional evidence in and it would be sent to the BVA. But he apparently didn't send in the V-9 form - since they sent him a letter that said "You appeal has been sent to the Board." He thought he had done everything neccessary.

The BVA makes this all very confusing - because of all the remands. He applied -- he appealed - and then they bounced things back and forth between the RO and BVA for YEARS without him ever having to send in anything else. And so it gets hard to determine which letters from the RO mean what. And when they just say "your appeal has been sent to the Board.." and don't tell you WHICH appeal - how are you supposed to know what part of your claim they are reviewing this time. He sure didn't think it was the dental claim that he had appealed in 1999 that was being sent to the Board in 2004. He had just got his supplemental statement of case on the Cancer a few weeks earlier -- and that was the only ACTIVE appeal he thought he had. So - the bite is - is he had KNOWN that wasn't the appeal they sent -- he wouldn't have WAITED for 2 years -- waiting for his cancer claim to be heard.

So that is the pain about the VA taking so long to do things. The vets expect to wait a couple of years..so they don't even know when something is wrong.

So they sent him a denial. He appealed. They sent him a letter saying he could have a Decision Review Offcier review the case - and if he did not choose to have the DRO look at his case - his case would follow the traditional appeal (i.e. BVA) process. He did NOT choose to have a DRO review -- but they did it anyway (basically copied and pasted the initial denial). Then they sent the SSOC -- and then they sent a letter that his appeal was being sent to the Board.

So he THOUGHT his case was in the BVA line-up for two years. And even when he called the RO in 2006 - they never notified him it was closed. They told him to just send the additional evidence to send on to the BVA.

The only way he found out it had been closed is that they informed the Senator that it had. After that- he sent a letter - telling them he had heard it had been closed - informing them that he thought it was on appeal - and asking to be informed of the status of his case - was it open or closed, and if it was closed - when and why was it closed. They have never responded to his written request. Wouldn't you think that the VA could tell you if your case was open or closed in within 7 months of your request?

So along with your idea for the Bill for the Senate. It would be GREAT if the VA was required to tell you when they close your case -- so vets don't sit there for 2 years thinking their case is at the BVA - when it isn't.

But when all they do is send form letters -- and cut and paste things..and half of their letters don't mean anything...how is the vet supposed to know which letters mean something and which ones don't. And which parts of the letter mean something and which parts don't.

My husband had lots of letters with appeal forms attached. But he never had to fill them out and his case still went back and forth to the RO and BVA. As I read the regs -- apparently this was because he had filled out the ONE appeal form to cover all of them a long time before - so he didn't have to appeal all the SSOC to keep the appeals going. They had developed a lofe of their own. And as this was a different part of the claim (claimed in 2001) -- it was different. But he didn't know that -- especially as he got the letter that his appeal was sent to the Board.

So it would be nice if they were a bit more clear - since different parts of your claim are in different stages of the process.

And actually - if the claim was closed - we don't know if it was because of the cancer claim (filed in 2001) or the re-opened Desert Storm claim (re-opened in 2003). He did not appeal the decision on that - even with a NOD.

But again -- it would be nice for a Bill that required the VA to notify you when they close your claim --- so you don't wait 2 years thinking everything is okay and THEN be TOLD everything is okay -- and then have a senator tell you it is NOT okay - but still not have the VA inform you of the status of your claim at your written request.

If you were informed that the case was closed - you would be able to take immediate action to resolve it - and not lose 2 years of benefits during your wait time.

Actually - along with his request to know the status of his claim - my husband sent in a NOD -- disagreeing with any decision that may have been made to close his claim - re-iterating that he was under the impression his claim had been sent to the BVA because of the Notice. So I think that is still a pending issue, as they did not respond to it.

Also - it would be nice if the VA was required to inform you which PART of your claim was sent to the BVA - if the claim is separated out into different issues -- wouldn't it be great if they were required to add ONE WORD -- and say "Your CANCER claim has been sent to the Board" or "Your DENTAL claim has been sent to the Board" etc. so the veteran would know WHICH claim had been sent!! So again - they don't wait thinking that something has been sent when it hasn't.

Free

I just read the run down on your claim Free-

I strongly suggest that you get a VSO ASAP to look into all this----

This is more involved than I thought----and something seems wrong here--

You will need copies of all of his SSOCs etc- and also his VCAA letter if he got one for the vet rep to see what is what here-----

I dont understand what you mean by "incurrence"- is it directly related to the asbestos exposure?

When a vet dies --NSOs and reps used to say the claim died with the veteran-but forget to tell the survivor that the claim could be resurrected-

I did an article for Stars and Stripes on ths many years ago-

Regardless of the status of the other claims-this is why it is important for you to resurrect his pending claim with the 21-534 form-

as to both the accrued portion regarding the claim he had when he died and also to establish DIC.

It sounded to me as though there was plenty of evidence to support asbestos exposure and disability due to it-

but something definitley seems wrong here and

not only do I suggest that you get all the paperwork together for an vet rep to look over but also to get a copy of his c file-

You didnt mention the VCAA letter-

If he did not get one or the one he got is not a legal VCAA notice, that would be a prejudical error on VA's part and I believe the vet rep you get could ask them to CUE themselves on any denials regarding the asbestos claim.

Or at least raise the prejudicial error issue-

This will take making appointment with a vet rep-

the VA web site has a whole of list of all reps --

and sorting out any past denials, SOCs, etc-and the VCAA letter and see why the evidence you mentioned (which is very supportive to asbestos claim) was never considered or why they considered it but failed to address it.

I am assuming-

he was exposed to asbestos in service which has been established by your evidence-

but which VA has to establish yet-

and that the asbestos caused disability which directly caused or contributed to his death- as it is listed on the death certificate. (with medical evidence to support that)

You stated :"I did get your point. And it is very helpful in letting me know how to proceed. I was just afraid that if I send in more evidence - they woud grant the claim - but then say it was because of the additional evidence"

It doesn't matter why they grant the claim- I often say Surround them with evidence-

Give them no way out.

You earliest effective date for DIC is the date of his death- if you file the 21-534 within the first year after death.

Accrued benefits- that would depend on a re-open of whatever he had pending.

Did he have a service officer helping him- if so -that is who you should conact-

but if not=the list is at the VA web site-

It would be good if you find a major vet org like VVA or DAV etc -who has an office right in the VARO building where these claims past were.