Children Benefits After The Death Of A Service Connected Veteran

[Tbird]

anyone have any experience with this

100% service connected p and t veterans adopts 3 children ages at adoption 22, 16, 15 and the veteran dies what kind of benefits will the children have if any?

[Berta]

TBird- if the vet was 100% P & T for ten years prior to death, or their death was directly caused by service,or if their death was caused by VA health care itself- their dependents whether adopted children or not-should be eligible for DIC up to age 18.

If the death involves a pending Agent Orange Award- the VA will even seek their closest survivors or Estate-the VA cannot hold back AO retro (per the Nehmer decision)and

this is completely unlike regular accrued claims where only the surviving spouse can get accrued in most death claims.

I would think that in a case like wha you mentioned (you did not mention any surviving spouse)- the oldest adult child could actually file the DIC claim for the children themselves and also get a POA to help them.

Mike Harris, hadit member had a situation like this-

although non accredited with VA (maybe he is by now)

he filed on the children's behalf for DIC.

A Child's DIC amount isnt much-

however they would still be eligible for Chapter 35 (up to age 26 which is extended by any military service period), and also up to a point for CHAMPVA in most cases.

Sometimes vets are 100% but not P & T when they die.

As I understood my award letter- the fact of the veteran's death makes a 100% SC award obviously P & T.

But this award of P & T , with CHAP 35 and CHAMPVA can come long after the widow or widower and children need it-

In many cases college tiotion and medical bills can be retroed-in a case by case basis for Chap 35 and CHAMPVA recipients.

This case shows that the VA will award DIC to an adopted child:

http://www.va.gov/vetapp07/files4/0735543.txt

It looks to me that this recent decision involves DIC for the child back to 1995.

In looking for this above case I found an awful case in which one of my POA reps did not send the VA something he was supposed to and a widow got an overpayment due VA of over 100,000 bucks!

The BVA waived it partially-as it was not the widow’s entire fault- geez-

I hope she could sue the rep!