Veteran Denied Benefits Because He Did Not Fight On Any War

[emelita]

Since 2003, I have been claiming for my husband death pension as a US Veteran but always get denied. Last year I applied again as the person working at the Department of Veterans Affairs in Everett WA. told me that I am qualified to get a death pension. So he help me go through again those applications but again, I was denied, and now my case is going to DBA for a new hearing because I applied for this De NOVO Review as I gave a notice of disagreement.

My husband was in the army for more than two years but did not fight on the war in Vietnam, the actual war in the Republic of Vietnam, but he told me that he is the one making all the ammunition for the war in Vietnam. At that point of his service he did not go to war but the war is going on and the war have not been proclaimed yet, so his time of service did not fall on any days when they proclaimed the war in Vietnam and he did not go to war in the Republic of Vietnam as what the DVA govern. So he is not entitled to any death pension because he did not fight on any war even for one day, as the DVA said.

So now if the person is in the army and did not fight in the war he is not entitled to any death pension???

If your in the army you should fight in the war even for one day... or else no pension if you die or no other benefits to your dependents.

[emelita]

I don't misunderstand you, I was denied for this death pension as a widow because he did not fight in a war inside Republic of Vietnam.

I claim this before and was denied but when I went to the DVA in Everett WA, one officer told me that I am eligible because there is already a war in Vietnam and my late husband is eligible so he help me to do the applications again but again I was denied for the same reason he did not fight inside Vietnam. and the time he serve on the army is not counted as the war has not proclaimed yet.

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Emelita, I think you are misunderstanding and if not I apologize, for my error. They could have been stationed stateside during a war period and they still get the wartime benefits. They don't need to have been in Vietnam or in battle or any other country, they just need to have served "one day" during the wartime period. Your husband missed that period. For some reason the VA made two different periods for the VN war. One for in-country vets and one those who served elsewhere. That death pension is an expanded benefit and is only for wartime veterans/widows only. Veterans serving during peacetime aren't eligible. I hope I explained that correctly.

pr

[john999]

Ermelita

I would still pursue it. As I say, let the organizations like SSI and VA make a determination about what you are entitled to get. If you even get a hundred extra bucks from the VA it would be worth it. Anything the SSI or VA does can be appealed, so I would not worry too much about them dropping like a hammer on you and taking everything away.

[Philip Rogers]

I don't misunderstand you, I was denied for this death pension as a widow because he did not fight in a war inside Republic of Vietnam.

I claim this before and was denied but when I went to the DVA in Everett WA, one officer told me that I am eligible because there is already a war in Vietnam and my late husband is eligible so he help me to do the applications again but again I was denied for the same reason he did not fight inside Vietnam. and the time he serve on the army is not counted as the war has not proclaimed yet.

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Emelita, my error. I guess you do understand. But the VA is right, based on his service dates, you are ineligible for that benefit. It appears the DVA officer, in Everett, WA, was in error. For some reason the VA established two separate periods for the VN era. You can reapply but will most likely be denied.

pr