Help In Receiving Benefits

[ArmySon82]

I'm not even sure if I'm even on the correct website to get the help I need. My father passed away about 2.5 years ago. He spent 20 years in the Army, retired as Master Sgt. My mother has been going thru a nonstop battle trying to receive any benefits entitled to her. To this day, she has not received ONE CENT. Only thing she will be able to receive from what we're told is a percentage of his social security once she turns 60. My father fought in Vietnam, but the problem we're having is that we can't prove my father was actually there b/c it's not on any of his paper work. I don't know too much about that time because my father retired shortly after I was born, so I obviously don't have first hand knowledge of him being there. But I've heard the stories, his tombstone even has "Vietnam Vet" on it. I seriously doubt the stories were false, and if he is buried in our state Vet cemetary, someone had to have known something to just add that to his grave. After a few months of waiting for copies of his papers, it appears some things had been covered up. Appears something was erased and written in. I recall there being 4 duty stations listed, one of which was listed on there twice, but nothing about Vietnam. We have gone thru every possible source here in town, contacted the local VA liaison, written letters to our state gov. and have not been given any help as to what she needs to do. We had someone come in from Ft. Bragg to speak with my mom, he ensured her she was to receive benefits, which is on paper, but have not heard back since he left with no reply in phone calls, nothing. This was 2 years ago. What we are being told is that we need some way of proving he actually was in Vietnam. My father was in some type of secret service while enlisted, so my only assumption is, and please correct me if I'm wrong, that since it was secret, some things are not going to just appear on his papers without going thru some higher up. If anyone has ANY suggestions or can provide any resourse, ANYTHING, it would be so much appreciated. This has gotten to the point where I have had to move back in with my mother just to help her financially and emotionally. She depended on his pay and when he suddenly died, it left her with nothing.

Thank you.

[bobbyq]

Find you a SF180. It is on the VA website. Complete it and then fax it to St. Louis, down on the bottom you ask for his 201 file complete, and you state that you are needing that information for family history. You or your mom can sign it saying that your dad passed away. The number to fax it to is 314-801-9195 Military Personnel Records Center. Do NOT mail it, it is easier to fax and you get it back with in 45 days. They are pretty good about it, but you should get any papers relating to your dad when he was in the military. From entry to discharge.

Next file a DIC claim for your mom even though your dad was not on benefits, but let them, the VA, deny her and maybe give her a pension instead. You need to do that ASAP and then when your dads papers come in then your submit copies of them as proof of service. If you need help with the SF 180 email me and I will help you out. It is a very simple basic form so you should not have any problem with it. Take care and good luck. Q

[timetowinarace]

Your in the right place for info. Unfortunatly I don't have the knowledge needed to help much with dependants benifits. Someone will be by to help.

I guess more information will be needed to help though. Such as, was your father getting VA compensation for a service connected medical problem of any kind. What kind of health problems he had, even if he was not recieving VA benifits. What caused his death.

That type of information will help those that know more to know what benifits your Mom may be entitled to.

Hope it goes well,

Time

[Berta]

You got good advise to get copy of his DD214 and all of his military records from National Archive (NARA) Your Mother could be eligible for SBP

as widow of a retiree-has she looked into that at all?

This article shows however that there is an offset of SBP to DIC (widow's VA benefits)

Gold Star Wives (I am a member) is actively fighting along with vet groups to alter this offset.

http://www.military.com/features/0,15240,127017,00.html

Is the incountry Vietnam proof of service important because he died due to a presumptive Agent Orange Disease?

The cause of death must be contributed to or caused by a service connected condition.

His military paperwork would show anything that could be classified as to his MOS- I am sure-

but Vietnam has been declassified-

a lawyer who comes here periodically told me that at NARA they can declassify anything left on Vietnam in a heartbeat if needed for a VA benefits claim.

When you reqeust his records on the SF 180 for NARA- ask for copies of his pay records too-that would show where he was when he got paid in the Military.

Has your mother formally filed the 21-534 DIC form with the VA?

Was it the VA regional Office that questioned his Vietnam service? Due to an Agent Orange claim?

Agent Orange has also been confirmed by the DOD to have been used near the Korean DMZ- in a short period from 1968 to 1969- if his MOS put him near the DMZ and the civilian control line and he was within certain Army Units and has AO presumptive- the VA will SC it his death if the Agent Orange disability contributed to or caused his death.

I am assuming this is DIC over an Agent Orange disability because you need to confirm Vietnam service- If you tell us more maybe we can help more.

Did he receive the VSM (Vietnam Service Medal)and/or any other Vietnam decorations or medals on his DD 214-such as the Gallantry Cross with Palm from the Vietnamese Gov or the Republic f Vietnam Campaign medal (w.1960 device)?

If I were you- I woud file out and send in a DD 149 too-

and ask for any corrections to be made on his DD 215 if there are citations or awards missing.

I will attach the DD 149 here.

Also- it took me over 3 years to get DIC-it would help your mom to support the DIC claim with any medical evidence at all-to support her claim right from the start.

[Berta]

forgot-the 149 is attached here- just put Not applicable to the injustice stuff and send to where the form directs you to send it.

Also -if he received any Presidental Unit Citations they should be available on the net-by year- and could possibly prove if he was in Vietnam.

She would surely be eligible for a wartime pension from VA-with his long service period he obviously had wartime service-whether you can prove he was in Vietnam or not- however that is limited by income- but if she has no other source of income-it would help her out- and maybe the VA would award this faster than DIC until the DIC could be awarded.

dd0149.pdf

[Pete53]

Armyson:

What year did your Father retire and what is his official cause of death. You will need a copy of his death certificate also. So far you have gotten great advice. I don't want to overwhelm you at this point.

Please read Berta's comments slowly and carefully. The other Hadit Members also gave good advice.

Hadit is a pretty active Forum so you can get answers fairly quickly.

Thank you for helping your Mom.

Pete

[Ricky]

Berta is probably the best to assist you with this. Not that the others can not give good advise - it is just that she has first hand knowledge in this area.

The best advice that I have seen is get the DIC claim filed fast and see where they go with it. I must also ask why the importance of the proof of service in VN? Also had your father ever filed a claim with the VA? If he had then I would request a copy of his Cfile from the VA Regional Office which he file the claim with. Just because he was not drawing VA benefits does not mean he never filed a claim.

However, if he had never filed a claim and was not service connected for anything and he did not die of a presumed AO disability then I think the best you will be able to do is a pension. That is if your mother does not have any income. The pension will go a lot quicker than the DIC claim - If awarded a pension she will draw benefits from it while you are preparing to fight for a DIC claim if your father passed away from a AO disability.

Just stick around Hadit and you will be overwhelmed with help for we love those who served and their families. Welcome and God bless you for helping your mother. Next time you vist your father's grave site let him know that we thank him for the sacarfice he has made for his country and for us.