Help A Marine Widow

[Flatbroke]

If you remember a while back I told you all that I convinced a widow whos husband died from throat cancer linked to AO to file.

She got DIC in four months. She said she was happy with that .

I got her to watch CNN Saturday night.

After I talked to her Sunday morning and explained that she should of been drawing DIC from the time of her husbands death in MARCH 2001 from AO cancer she is going to her SO I sent her to the first time to get an earlier EED.

All this time we have been trying to talk her into filing and all it took was watching CNN to give that final push.

She also said that the day he died Socila Security called and said he was eligable and she informed them thanks but he just passed away. SS did give back pay so I told her to get copies of all that and take that to the SO and file.

I hope she does alright. She had no idea (and neither did I until I joined hadit) that she had any benifits so keep up the good work .

Semper Fi

[Pete53]

If her husbands award for SS is more than hers she can choose the larger one. A lot of people do not know that.

[Berta]

If she filed more than a year after his death- the usual EED for DIC is date of the actual claim-

HOWEVER-she is within the Nehmer class action as he was an AO veteran-

There are three categories of Nehmer widows and veterans-

As I understand the Nehmer regs-

she should be eligible for one year additional DIC prior to the 4 months she did get of DIC-

(I assume the VA awarded her back to the actual date of her claim-4 months)

If she had ever filed a claim prior to the recent claim and even if the VA denied it- in that case- due to Nehmer the VA would have to grant the EED to the older filing date- as long as the claim was the same premise- AO death-

Did VA mention Nehmer at all in the decision and how they applied it?

The vet rep might have to send them a copy of the actual Nehmer regs to get that additional year retro-

I dont think she can get more DIC than that-

the full Nehmer Court Order and regs are at the NVLSP web site.

http://www.nvlsp.org/Information/ArticleLi...enefitrules.htm

The VBM (NVLSP 2007 edition) gives these example of a Nehmer widow:

Vet dies in 1993.AO Lung Cancer.

Widow does not file for DIC until Aug 1,1996.

Her EED is August 1, 1995 for DIC retro.

also

Vet dies of lung cancer due to AO in 1993.

Widow files for DIC in 1995-

the VA grants DIC to June 1994 (the effective date of the regs)

The VA is supposed to consider the "later" of two dates-

the date of the regs that added the condition to presumptive list- and the date that is one year preceeding the application for DIC.

This is a very confusing issue for many vets and widows-and service reps-

they have to look over the Nehmer Stipulation very carefully to see what category the claimant is in- and then the most favorable way that VA can apply the regs.

Edited November 21, 2007 by Berta

[Flatbroke]

If she filed more than a year after his death- the usual EED for DIC is date of the actual claim-

HOWEVER-she is within the Nehmer class action as he was an AO veteran-

There are three categories of Nehmer widows and veterans-

As I understand the Nehmer regs-

she should be eligible for one year additional DIC prior to the 4 months she did get of DIC-

(I assume the VA awarded her back to the actual date of her claim-4 months)

If she had ever filed a claim prior to the recent claim and even if the VA denied it- in that case- due to Nehmer the VA would have to grant the EED to the older filing date- as long as the claim was the same premise- AO death-

Did VA mention Nehmer at all in the decision and how they applied it?

The vet rep might have to send them a copy of the actual Nehmer regs to get that additional year retro-

I dont think she can get more DIC than that-

the full Nehmer Court Order and regs are at the NVLSP web site.

http://www.nvlsp.org/Information/ArticleLi...enefitrules.htm

The VBM (NVLSP 2007 edition) gives these example of a Nehmer widow:

Vet dies in 1993.AO Lung Cancer.

Widow does not file for DIC until Aug 1,1996.

Her EED is August 1, 1995 for DIC retro.

also

Vet dies of lung cancer due to AO in 1993.

Widow files for DIC in 1995-

the VA grants DIC to June 1994 (the effective date of the regs)

The VA is supposed to consider the "later" of two dates-

the date of the regs that added the condition to presumptive list- and the date that is one year preceeding the application for DIC.

This is a very confusing issue for many vets and widows-and service reps-

they have to look over the Nehmer Stipulation very carefully to see what category the claimant is in- and then the most favorable way that VA can apply the regs.

Thanks Berta, even one year is more than she has got and better than nothing at all which the VA would like.

I always tell everybody that a vet should get what they are entitled to and apply.

Pete I think she did that and she was better off.

Semper Fi

[Pete53]

She can file by sending a letter telling VARO she intends to file and will send paperwork later. She needs to protect her effective date if possible. She will have up to a year to send in the proof.

[Berta]

1986 Nam vet-

He sounds like he was a Blue Water AO vet and many Blue water claims on within a Stay proceeding awaiting the outcome of the Haas decision in Federal Court.

"She called a VSO and they would not help her. She has all the documents needed to file, but still, has not filed."

I find it very difficult to believe a VSO would not help her-regardless of the Haas stay-the claim should be filed-

she can get the 21-534 application-if she doesnt have that yet- right at the VA web site.

I need to add here- if someone doesn't want to file a claim for benefits-

(and they lose money for every month they delay-in most cases)or they will not listen to good advice---

then it is best to try to help someone else instead-

I have been there , done that-and it was a waste of my time-for example

there is a widow in the village of Cohocton who calls me up sometimes -crying poor-

I knew her husband well (Nam vet) and sent her the 21-534 as well as significant other info to help her with a DIC claim and also urged her to get the local vet rep to handle the claim.(3 years ago December)

She told me recently she still has not even opened the packet I sent her-so she never filed the claim at all-

but tells others in the village that she has no money and the VA won't help her at all.She even told someone the VA denied her claim (but she never filed a claim)

Your willingness to help this widow is very admirable to me- but someone out there needs your help more than she does-and they will appreciate what you offer.