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Veteran That Died Took Shrapnel In Korea



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I thought I answered this question the other day--

I think you asked if a widow could receive any comp because her husband died with scrapnel wounds?

If the veteran had a claim in progress for any type of VA compensation when he died- the widow-

if she filed for accrued benefits within one year after his death- would be able to continue his claim in her own right and potentially receive any comp due the veteran

in his lifetime-

with a 2 year prior to death limit on accrued amount(no limit whatsoever to any amount under Nehmer AO claims)

Example- my husband had 2 claims pending at his death.

I re-opened them and succeeded by supporting those claims.

The accrued claim involved 2 years retro accrued 100%compensation due the veteran less what he had received already in his lifetime(30% SC).

It is unusual but a widow can file for accrued and not file for DIC-

yet the accrued benefit is part of the DIC application.Still the VA must have the app;ication for accrued benefits within one year after the veteran;s death.

DIC is awarded if the veteran died due to SC contributing, or due to Sec 1151 death, or due because the veteran was 100% SC P & T for ten years already.

If this widow did not file for accrued benefits within one year after the veteran's death -and if the veteran did not have a claim pending at time of death-she has no accrued claim basis.

What did he die from? Did she formally file a 21-526 at time of death for DIC benefits?

If this was an Agent Orange veteran- then she might well be eligible for accrued-

but only if the veteran died of an Agent Orange presumptive condition causing or contributing to death- and any potential accrued amount would depend -in that case- on many other factors.

Edited by Berta (see edit history)
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What year did this veteran pass away?

Was this veteran's death related to any injury/disease incurred during service?

What medical proof is available to substantiate a claim for service connection - cause of death?

A whole lot more information is needed.

Best regards,


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