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.

[Berta]

You said he retired soon after you were born- what was his actual service period?

If he received Scial Security before his death- the SSA office he dealt with might have some of his military records- and a copy of his DD 214-

the court house is one good place to check- but I am assuming you are an adult-and he retired when you were very young so that leaves many years of private civilian employment he had and even an old employer might have a copy of his DD 214.

I double checked on something I mentioned-

Vietnam has been declassified and the ESG (they do the records research for claims)with at least his unit and a possible time frame of Vietnam service- can easily declassify anything there-if his duty appears as classified (there are word codes for that which ESG can track) We are at peace with Vietnam -no reason for anything to be kept secret anymore-and this would only verify he was there- which is all you need to prove.

If you can-upon receipt of all of his service records- determine where he was most of the time during his service-(personnel records, pay stubs, TDY info, embarkment and disembarkment, or flight records -as well as his medical records, then you would be left with a window of a period of time missing - in which he could have been in Vietnam.)

I feel your mother must get a good vet rep or service officer- I cannot determine if she already formally filed a 21-534 yet- but surely would have heard something from the VA by now if she did-

Also- what did he die of?

There is a lot you have to try to obtain- also NARA might want your mother- as the surviving spouse-to sign the records requests-but I am not sure about that-

His records when you get them will reveal partial unit info and the history of the unit might well be available on line.

If he did not die of an AO presumptive disability (assuming you can prove he served in Vietnam) you would have to prove direct SC death-meaning his death was due to an inservice nexus or cause-something clearly documented in his SMRS as a potential disability or symptomatic of one that he suffered from many years after service that ultimately caused or contributed to his death.

Did he keep in touch with anyone from the Mil that could possibly provide some help as to his Vietnam Service?

Did he attend any retiree reunions that could provide a roster of others in his unit?

Someone else asked a good question -was he member of the AL or MOAA or DAv etc- and did he socialize with anyone you could contact who might be able to help with a unit name for when he served in Vietnam?

Are his parents or siblings still alive ? Maybe they could help with more info.

My cousin by marriage called me last year as her son was trying to do a family tree-

His step grandfather was my Uncle-

the oddest thing is that they were astonished that a family tree had already been done at Harvard University on our family just before my other uncle, on their faculty,had retired and it revealed

many facts they never knew.We had just never really talked about this before. And we ended up talking for almost 2 hours on the family history.I even have the court house records of our actual Indian relatives-but they had name of the wrong tribe.

My point is his relatives might help here tremendously-if they are asked- they might well offer some very good information.

The VA considers every DIC application for both wartime pension as well as DIC-they will not do anything at all until they get the 21-534 and the documents they will request- marriage license, death certificate,etc.

[ArmySon82]

Thanks to all of you for your advice! I'm going to go thru everything with my mom, gather all paperwork we already have and request to get the ones we don't. I really appreciate all of this, you have no idea.

Thanks so much. :P

[sixthscents]

ArmySon...

Often individual states will have a Department of War records, (Tennessee) where copies of everything get sent that go to St. Louis. By no means do all states do this, but several do. Go to your state homepage, and inquire. Of course it may not have the same name, but someone should be able to guide you. Call your local recruiting office, they should also be able to tell you if your state has this, as they will use it for obtaining recruiting paperwork they need in place of St. Louis since it's much faster if it exists.

[tssnave]

Army Son,

Welcome to hadit and please accept my condolences to you and your mother for the loss of your dad.

Do you use the board name Army Son 82 as in 82nd Airborne Division Army son? If so, then contact the 82nd Airborne Division Chaplain's office and ask for their assistance. They won't be the end of the line but they'll point you in the right direction.

Also, I'm a little confused because as I understand what you wrote, you had an Army Surivor's Assistance Officer (SAO) come to your house after your dad passed away a couple of years ago which is what, at least 20+ years after he retired (I'm assuming he was in from the mid/late 60s to the mid/late 80s)? You wrote, "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."

I'd want to know who the "somebody" was who came out from Ft Bragg was and what his official role was. Was he a soldier in uniform? If you have papers from him then look at the letterhead and call the major command listed at the top.

Now it's been a long time (almost 30 years) since I did any SAO training but when I was in you only got a SAO if you died on active duty. There is a retired Army E-7 (sorry, I can't recall his board name - if anyone knows who I'm talking about send him a PM for me and let him know I'm requesting he review this post) who is good quoting basic active duty Army personnel regs so he may be able to clear this SAO question of mine up.

I'm real curious who came out to your house. My dad, also a retiree, died in the past couple of years and there was nobody from the service who came out. Again, who was the "someone" - was he a soldier in uniform, where was he from, and why did he come out? Can you make a copy of whatever papers he left and post it to the board after you black out your dad's name, SSN, address and any other identifying information and post the letters the guy left? Run that past your mom first and let her know that we're shooting in the dark here.

Also, has your mom actually verified (as in seen the paperwork and believes the signature on it is your father's) that your dad took the retirement option that meant she didn't get any retirement after he died? When my dad died (he worked civil service after he retired military) his civil service insurance went to all the kids equally but, strangely, some other small civil service benefit went only to our youngest sister. We called civil serivce and they faxed the papers to us and sure enough, in his chicken scratch right after my mother died, he named us all equal beneficaires on one form and left the small accrued benefit to my sister on another. The best we can figure is he thought she needed it more than anyone else. No big deal but it did show me that you can easily get death benefit election papers from civil service for the asking and I would assume that if she doesn't have them there should be some way to get your dad's military retiree papers to verify that she is truly not entitled to any continued retirement pay (I just don't want this guy that came out to be some huckster who changed your mom's address on some form and has been happily getting your dad's retirement pay in her name for 2 years - now, that's borrowing trouble which is stupid, but maybe not in this day and age - again, follow up and track down either the guy who came out to see you or his major command - also, get copies of your dad's retirememt election form if your mother doesn't have it already).

I realize this post and the others here are a lot to digest. I'm with Pete - if Berta says it do that first.

Keep us posted on your progess,

TS Snave

[Berta]

TS that was an excellent post you made- I too am concerned about the possible SBP due this widow-

I think I mentioned SBP is offset to DIC- but this is being challenged by vet orgs-

also if this vet had any federal service as a civilian-there could be retirement benefits through FERS or a refund due of any FERS retirement money-not too sure- these laws might have changed-

I wonder if she is still eligible for Tricare?

[rattattat]

My husband was a USAF retiree and after he died I contacted the local base retiree affairs office. I talked to him on the phone , he filled out the papers mailed them to me to be signed and I sent them back.

I had my benefits within a month.

I was covered by SBP, but as Berta mentioned it was reduced dollar for dollar when I recieved DIC. I was only 45 at the time so I was not eligible for SS widow's benefits until I became 60.

If Army Son's Dad did not select SBP she won't receive any of his retired pay.

Until recently anyone retiring did not have to select SBP, but it is my understanding that it is automatic now. I'm not sure when the following rules were implemented.

At retirement, full basic SBP for spouse and children will take effect automatically if you make no other valid election. You may not reduce or decline spouse coverage without your spouse's written consent. This means you will have to have your spouses input in the decision and his or her signature is required. You may choose coverage for a former spouse or, if you have no spouse or children, you may be able to cover an "insurable interest" (such as, a business partner or parent).

NOTE: Survivors should report retiree deaths to the DFAS casualty office at 1-800-269-5170. Faxes can be sent to the office at 1-800-469-6559.

If you elect to participate in the SBP you will be required to pay a monthly premium. SBP Premiums and benefits are based on the "base amount" or benefit level that you elect.

Army son does your Mom know if he paid premiums for SBP until his death? If so she is covered.

If his Dad was not already service connected I am afraid his Mom is in for a real fight with the VA for any DIC benefit.

Berta knows more about how to go about getting the DIC benefit better than I do. All I had to do was sign the papers and send the death certificate.

Sandy