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14 Questions about Veterans Disability Compensation Benefits Claims 

When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing VA Disability Claims.









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sjh4951

Ptsd Denial

Question

My late husband suffered from PTSD since 1991...probably longer but the S*** hit the fan then. He was on social security disability from then until he died in 2006. He filed a claim with the VA but his combat action ribbon was not on his 214. It took a year to get it but by then he was terminal and bedridden with cancer. After he died I submitted the amended dd215 for accrued benefits. Was denied. Anyone know why? Any suggestions? Sure could use the help. VSO is worthless.

Thanks!

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28 answers to this question

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Was your late Husband in country Viet Nam Vet?

What type of cancer did he have?

If he was in country Viet Nam Vet, and CAncer was on the AO cancer list, Then you would be entitled to DIC.

Other folks will jump in here who have dealt with this in detail.

J

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Was the PTSD claim pending at the time of death or had it already been closed out and outside the appeal period?

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If he got SSD for it than he should get it from the VA. All I can say is don't give up. If you can get it Service Connected to 1991 than you should also get DIC about 1100 a month and ChampVA Health Insurance plus other bennies.

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He was denied for PTSD Aug. 26, 2005, died May 2006, I filed July 2006. The VA is saying he did not have a claim pending. Didn't I have a year from date of death to file?

HIs last denial said he needed the CAR to verify his stressor...I sent them the amended 215 with the CAR now added. Took a year to get it but was too late for my husband.

Yes, he was a Marine in Vietnam. He died from esophageal cancer. I have a claim for that too. Both are at the Board of Veterans Appeals. Which brings me to another question. The BVA has asked me to put "Waive Decision Review Officer" on all new evidence that I send? Anyone know what this means?

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If he got SSD for it than he should get it from the VA. All I can say is don't give up. If you can get it Service Connected to 1991 than you should also get DIC about 1100 a month and ChampVA Health Insurance plus other bennies.

He didn't file for PTSD until he was diagnosed with esophageal cancer. That was July 2004. He was getting SSD from 1991, unable to work since then. Can I actually get my claim date changed to 1991 because of the SSD? Should I contact SS and get his records?

Thanks again!

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What did he get SSA for?

Was the VA aware of his SSA records and did they list them as evidence in the denial?

Did they use the SSA records in the narrative of thje denial?

Can you possibly cover the personal info and scan and attach here the Exact reasons and bases for the denial?

The denial for the PTSd claim- if he did not appeal that with a NOD -did you formally re-open that claim yourself on the 21-526 form?

"He was denied for PTSD Aug. 26, 2005, died May 2006, I filed July 2006. The VA is saying he did not have a claim pending. Didn't I have a year from date of death to file?"

Yes -you were within the one year after accrued claim rule-

but accrued is only for pending claims-

I am a widow and my husband had 2 claims pending at death-

I formally re-opened them-got DIC due to one claim and accrued benefits due to the re-open of his pending 2 claims-

this is an unusual sitation-

he was within the one year NOD time frame but did he file a NOD or continue the PTSD claim in any way whatsoever?

Was the DD 215 acknowledged yet by the VA?

It seems to me that you complied with what they needed during the appellate period-

Your DIC claim-Esophagul cancer is not an AO presumptive disease-

UNLESS it is a soft tissue sarcoma.

OR unless it is due to an AO presumptive disease.Was it in any way Trachea cancer? Larynx cancer, or metasized from any STS or other form of AO presumptive cancer?

The entire list of STS AO cancers is here at hadit under search (about 34 of them) and also the AO presumptives are within 38 CFR and are all here under a search-

if a death certificate lists a type of cancer tha is not AO presumptive, there is always possibly- with a through review of a Vietnam Vets med recs - that the disease listed as causing death could have been contributed to by an AO disease that metasized into the disease that caused death.

Meaning vet has for example Cancer of Bronchus (an AO presumptive) but dies of cancer of different type that was in fact a metasization (meaning it had direct nexus to) the bronchus cancer- thus the AO cancer contributed to death-

AO does not have to directly cause death -even if the death certificate lists it as a contributiong factor and not immediate cause of death-the VA still has to grant DIC.

Was he autopsied (and do you have the results of autopsy)and do you have copies of all of his medical records?

I agree-most of these Sos dont know crap about DIC claims.

Did you fully fill out the REPS form in the DIC application -if during his illness- and SSA award-he had children, step, natural or adopted children that received SSA on his account due to his disability?

"

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