Would Like To Become A Part-time So

[Bound4heaven]

Greetings to all,

After finally winnng all my claims I sure would like to help out other disabled veterans. I am led to become Service Officer (part -time only) I could only do it out of my home. I am a member of several service orignizations and have not found a so that was worth his weight. I joined NVO and have left many messages on their answering machine and sent many e-mails to them with my intentions and I have heard nothing over the apst 2 months from them. I donlt know if they are still an service organinzation or not.

Does anuyone know of a Service Organization that would meet my requirements? Thank you and God bless you.

Bound4Heaven

[sbrewer]

Bound4heaven,

My husband too has had nothing but a bad time with his current so, which is AL. He met the guy and

all he was interested in was having him attend the Church that he attends. He went to DAV and the

guy that he would be assigned to was VERY much not interested in helping either. He does not know

where to turn next. I posted a message for information on so's in Columbia, SC area before I read

your message. If you know where he can turn next please let us know.

Thanks,

sbrewer

[Bound4heaven]

Bound4heaven,

My husband too has had nothing but a bad time with his current so, which is AL. He met the guy and

all he was interested in was having him attend the Church that he attends. He went to DAV and the

guy that he would be assigned to was VERY much not interested in helping either. He does not know

where to turn next. I posted a message for information on so's in Columbia, SC area before I read

your message. If you know where he can turn next please let us know.

Thanks,

sbrewer

Dear Sbrewer,

I am sorry for the way your husband was treated. I do not know the issues your husband is dealing with in regards to the VA. I will encourage you that you have a great wealth of knowledgeable and wise members here at hadit.com. I am new to hadit.com only a few months. Before I found this site I thought I had a real good handle on dealing with the VA. Believe me I went to several sites that dealt with claims and issues and all seemed to be ran by VA reps or ratings officers all pro VA. The wisdom that I received from many here at hadit.com elders blew any advice I have ever received away. Put your issues out on this site and I will guarantee you will get not only great wisdom, but truth on how to handle every step of the way. I will do what I can on my part to help you and your husband. I am sure I can speak for many here as well when I say that.

Many elders on this site walked me step by step through the process. This is after I came to hadit as 100% T&P now thanks to many here I now have special adaptive housing grant, auto grant, 100% SMC. It has truly been a blessing in my life. I was able to do all of this over the past years without an SO, but it takes a great deal of effort upon your part.

You are not alone. Thanks again and God bless you.

Bound4Heaven

[Berta]

Don-would you please clarify this?:

"During the pendency of her appeal the 2-year limitation on back awards on DIC was eliminated so she got a back payment of ~ $91,000.00." what elimination???? Do you mean Bonny Regs?

The one year retro accrued reg was changed to two years in 1996-1997.Bonny V Principi changed it again to ALL accrued for deaths after Dec 16,2003. Maybe that is what you mean?

I have a claim, in the form of a legal question, filed 3 years ago which the VARO took no action on-and then erroneously told me in was in appeals and I raised hell-

It should have went to Office of General Counsel- so I sent it there myself last month and they wrote back that they have jurisdiction and will answer this legal question-

I assume it will generate a Precedential Opinion and it might affect this widow if she was 1151 claimant.

Or maybe you mean the veteran died after Dec 16 2003? Therefore she would get all accrued ? I think I am misundertstanding this-

I am an 1151er -we always get shafted-

If I succeed in this legal issue with VA I intend to challenge other 1151 regs-

Wrongful deaths of vets are considered "as if" service connected- the distinction prevents the vet from living long enough to die due to direct SC.

"As if" veterans are not extended the same benefits as direct service connected vets.

Therefore- if one is maimed, malpracticed on or killed by the VA itself-it is a step down from direct SC.

That is logical on the surface but then again-is it? Is the very system that your service paid for not accountable fully if they cause your death and a bullet didn't?

In any event- the legal question I have before VA counsel in WAshington is this:

If the VA caused the death of a veteran, and that veteran was unable to hang on until Dec 16, 2003 (Bonny Regs date) DUE TO VA health care itself-how can the VA possibly deny the surviving spouse ALL accrued benefits as a direct SC death provides?

[Guest DON20906]

Pub. L. 108-183 repealed the two year limitation on retroactive benefits in DIC claims:

SEC. 104. PAYMENT OF BENEFITS ACCRUED AND UNPAID AT TIME OF DEATH.

(a) Repeal of Two-Year Limitation on Payment.--Section 5121(a) is

amended by striking ``for a period not to exceed two years'' in the

matter preceding paragraph (1).

(B) Payment Recipients for Beneficiaries Under Chapter 18.--Such

section is further amended--

(1) by striking ``and'' at the end of paragraph (4);

(2) by redesignating paragraph (5) as paragraph (6); and

(3) by inserting after paragraph (4) the following new

paragraph (5):

``(5) Upon the death of a child claiming benefits under

chapter 18 of this title, to the surviving parents.''.

The Senate report explains the change well:

S. 1188, the `Veterans' Survivor Benefits Act of 2003,' would, in section 2, eliminate a discrepancy regarding the limitation on the period for which retroactive benefits due and unpaid a claimant may be paid to others after the claimant's death. In the interest of fairness, we support enactment of this provision.

Under 38 U.S.C. Sec. 5121, periodic monetary benefits to which an individual was entitled at death under existing ratings or decisions or based on evidence on file with VA at the date of death are paid upon the individual's death to specified classes of survivors according to a prescribed order of preference. Before a recent court decision, VA had construed section 5121 to limit the payment of any benefits under that section to the retroactive period specified in the statute, regardless of whether the payment was based on an existing rating or decision or on evidence on file at the date of death. The retroactive payment period, originally one year, was extended to two years by Public Law 104-275, the `Veterans' Benefits Improvements Act of 1996.'

On December 10, 2002, the United States Veterans Court issued its decision in Bonny v. Principi, 16 Vet. App. 504 (2002). The court held that 38 U.S.C. Sec. 5121(a) specifies two kinds of benefits: benefits that have been awarded to an individual in existing ratings or decisions but not paid before the individual's death, and benefits that could have been awarded based on evidence in the file at the date of death. The court held that, in the case of the first type of benefits, the statute requires that an eligible survivor is to receive the entire amount of the award; only the latter type of `accrued' benefits is subject to section 5121(a)'s two-year limitation. The court based its interpretation of the statute primarily on section 5121(a)'s punctuation.

The Veterans Court's Bonny decision has resulted in differing entitlements under section 5121 based on the status of the deceased's claim at the date of his or her death. S. 1188 would eliminate this discrepancy by eliminating the two-year limitation on payment of retroactive benefits for all classes of beneficiaries under that statute.

The distinction the Bonny decision draws between the two categories of claimants--those whose claims had been approved and those whose entitlement had yet to be recognized when they died--is really one without a difference. In either case, a claimant's estate is deprived of the value of benefits to which the claimant was, in life, entitled. Section 2 of S. 1188 would remove this inequitable distinction, and we support its enactment.

We note that section 2 of S. 1188 would also add a new class of claimants eligible for accrued benefits. Chapter 18 of title 38, United States Code, authorizes monetary benefits for Vietnam veterans' children with birth defects. This provision would ensure that, upon the death of a child entitled to benefits under chapter 18, the child's surviving parents would be eligible for accrued benefits.

In addition, we note one technical change needed in section 2 of S. 1188 should it be enacted. The comma in current section 5121(a) following `existing ratings or decisions' should be deleted to clarify, for purposes of 38 U.S.C. Sec. 5121(B) and © and 5122, that the term `accrued benefits' includes both benefits that have been awarded to an individual in existing ratings or decisions but not paid before the individual's death, as well as benefits that could be awarded based on evidence in the file at the date of death.

Don-would you please clarify this?:

"During the pendency of her appeal the 2-year limitation on back awards on DIC was eliminated so she got a back payment of ~ $91,000.00." what elimination???? Do you mean Bonny Regs?

The one year retro accrued reg was changed to two years in 1996-1997.Bonny V Principi changed it again to ALL accrued for deaths after Dec 16,2003. Maybe that is what you mean?

I have a claim, in the form of a legal question, filed 3 years ago which the VARO took no action on-and then erroneously told me in was in appeals and I raised hell-

It should have went to Office of General Counsel- so I sent it there myself last month and they wrote back that they have jurisdiction and will answer this legal question-

I assume it will generate a Precedential Opinion and it might affect this widow if she was 1151 claimant.

Or maybe you mean the veteran died after Dec 16 2003? Therefore she would get all accrued ? I think I am misundertstanding this-

I am an 1151er -we always get shafted-

If I succeed in this legal issue with VA I intend to challenge other 1151 regs-

Wrongful deaths of vets are considered "as if" service connected- the distinction prevents the vet from living long enough to die due to direct SC.

"As if" veterans are not extended the same benefits as direct service connected vets.

Therefore- if one is maimed, malpracticed on or killed by the VA itself-it is a step down from direct SC.

That is logical on the surface but then again-is it? Is the very system that your service paid for not accountable fully if they cause your death and a bullet didn't?

In any event- the legal question I have before VA counsel in WAshington is this:

If the VA caused the death of a veteran, and that veteran was unable to hang on until Dec 16, 2003 (Bonny Regs date) DUE TO VA health care itself-how can the VA possibly deny the surviving spouse ALL accrued benefits as a direct SC death provides?

[Berta]

Bound -you asked about NVO last week-

I have been member for a long time but they are not publishing USVETS anymore-

as far as I know they still have a VSO training program.

Doug and Gia can be reached by email through the message board at http://www.nvo.org/

[john999]

Berta

Does not the NVO require you to take a training seminar at you own expense? I took the corresponsence course and then they wanted me to travel to some seminar and it was just too much expense. I thought that this was a little too much to expect of a volunteer. I had to pay for the seminar and the travel and hotel. Plus I had to have a fax line and a bunch of other stuff. Hey, if I could do all that I would not be collecting a check.