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Had Nice Phone Call

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Berta

Question

I couldnt believe the VA was actually calling me.

It was the REPS department (Restored Entitlement Program in St Louis)

The VARO has not acted at all on my REPS application and I sent the stuff in directly to REPS yesterday.

I had left my number at their voice box Friday never thinking they would call me back.

I got the info I needed and apparently had sent them what they needed.

The man from REPS actually understood the REPS benefit-something none of my reps ever understood.

If you as a survivor of a deceased vet receive (or received in the past)SSA due to death of the veteran-and had a child under 16 who also received SSA death benefit- the SSA you received ceased when the child turned 16.

Depending on your income for the 2 years preceeding the child's 18th birthday, you can be 'restored' a one time payment for the two years of SSA death benefits that you lost (due to the Omnibus Reconciliation Act under Pres. Reagan.) if the VA awards you direct service connected death of the veteran.It does not matter when the VA makes the award-in my case 14 years after death.

Adult children who stay in school after high school in some cases also have right to REPS payment.

That too depends on finding of direct SC death.

The man was surprised that Rod died in 1994 and I was just awarded direct SC death but it does not matter.Section 1151 deaths dont count. If the VA kills a vet with negligence, their survivors are not eligible for REPS.

NVLSP in the VBM makes it clear in every edition that many widows and/widowers could be potentially eligible for the REPS benefit with proof of direct SC death and proof from SSA of their cessation of SSA death benefits when their child turned 16 years of age.

One more benefit due me that I would have never known of except for buying the VBM since 1991.

It just makes me sick that here my applications for REPS and Burial accrued expenses etc are sitting in my C file and the VA has failed to act on any of them since my BVA award letter came.

The REPS application is part of every DIC 21-534 form.

I am applying for all these ancillary benefits (which the BVA said were due me) all over again -because I think the VARO probably destroyed the original apps by now.

I even bypassed the RO completely on the FTCA offset and wrote directly to Regional Counsel for that.

We HAVE to be aware of what our benefits are and then make sure the VA gives them to us.

The REPS man apologized that my REPS could take as long as 2 or 3 months.

I laughed at that and told him my direct SC death Award took 6 YEARS so REPS is a picnic.

Then again VARO should have processed my application in May.If they did-I would have the check by now.

Edited by Berta
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a win is a win, 2-3 months rofl we don't even get letters from the VARO's that fast telling us they are still "working" on our claims let alone get checks from them congrats Berta

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Berta,

I am so glad you are finally getting the respect you deserve. You have worked and continue to work so diligently for all vets and it is your right to receive some personal attention and recognition. Lets hope it continues, and thank you for alll you do for all of us. :rolleyes:

I couldnt believe the VA was actually calling me.

It was the REPS department (Restored Entitlement Program in St Louis)

The VARO has not acted at all on my REPS application and I sent the stuff in directly to REPS yesterday.

I had left my number at their voice box Friday never thinking they would call me back.

I got the info I needed and apparently had sent them what they needed.

The man from REPS actually understood the REPS benefit-something none of my reps ever understood.

If you as a survivor of a deceased vet receive (or received in the past)SSA due to death of the veteran-and had a child under 16 who also received SSA death benefit- the SSA you received ceased when the child turned 16.

Depending on your income for the 2 years preceeding the child's 18th birthday, you can be 'restored' a one time payment for the two years of SSA death benefits that you lost (due to the Omnibus Reconciliation Act under Pres. Reagan.) if the VA awards you direct service connected death of the veteran.It does not matter when the VA makes the award-in my case 14 years after death.

Adult children who stay in school after high school in some cases also have right to REPS payment.

That too depends on finding of direct SC death.

The man was surprised that Rod died in 1994 and I was just awarded direct SC death but it does not matter.Section 1151 deaths dont count. If the VA kills a vet with negligence, their survivors are not eligible for REPS.

NVLSP in the VBM makes it clear in every edition that many widows and/widowers could be potentially eligible for the REPS benefit with proof of direct SC death and proof from SSA of their cessation of SSA death benefits when their child turned 16 years of age.

One more benefit due me that I would have never known of except for buying the VBM since 1991.

It just makes me sick that here my applications for REPS and Burial accrued expenses etc are sitting in my C file and the VA has failed to act on any of them since my BVA award letter came.

The REPS application is part of every DIC 21-534 form.

I am applying for all these ancillary benefits (which the BVA said were due me) all over again -because I think the VARO probably destroyed the original apps by now.

I even bypassed the RO completely on the FTCA offset and wrote directly to Regional Counsel for that.

We HAVE to be aware of what our benefits are and then make sure the VA gives them to us.

The REPS man apologized that my REPS could take as long as 2 or 3 months.

I laughed at that and told him my direct SC death Award took 6 YEARS so REPS is a picnic.

Then again VARO should have processed my application in May.If they did-I would have the check by now.

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Thanks all but this is only one area in which they owe me money-

I have 6 issues which the award letter ignored.

It will be interesting to see what response I get from COngressman Filner and BVA Chairman James Terry on this erroneous award letter.

They each sent me 3 or 4 letters when I won at the BVA-offering any help further if needed.I replied with the award l;etter and how it was clearly erroneous.

I dont think they want me to write to the Sub Committee on Investigations again as this is how I got their attention.

I will if I have to.

But I am considering asking for an Administrative Review if the RO doesn't do this right within a few more months.

I got the RO award letter within 2 weeks of the BVA award.

That was 4 months ago which certainly proves that they are not even complying with BVA remands and awards in order to take the End Product code.

I filed for an Administrative Review in 1996 or 97 forget when.

I sent this request to the VBA in DC and to Buffalo RO.

Within 2 weeks a VACO lawyer called me (he is presently a regional counsel now)

asking the main purpose of this request-he had never see a Admin Review request before and I only learned of them by reading the VBM.

I said the purpose of my request was to find someone in the VA Claims system who knew how to read.So far the VA had not provided anyone with that skill regarding my claim at Buffalo.After he stopped laughing at that (I laughed too) we had an hour discussion on VA case law and he ended with saying he could look into the matter.

Long story but the review request was instrumental in one sole way-

it got the attention of the lawyers at VACO and the OGC as to the fact that I was willing to use VA case law anyway I could to get a proper resolve of those past claims.

Evidence is the only thing that awards a claim but sometimes it takes a battle to get them to acknowledge the evidence.And years.

They didnt read my evidence at RO for 6 years but could whip out a ludicrous award letter in mere weeks.

In a way I hope I am forced to write to the Sub Committee again.

The only way the VA will change is with pressure to change and the Cushman V Shenseki decision gave us all a little more clout.

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