Esophageal Cancer Appeal Granted

[sjh4951]

Thanks for all the information I learned on this site, and because of it, yesterday I received the "brown" envelope from the BVA telling me that I have been granted DIC as they found my late husbands esophageal cancer caused by his exposure to agent orange. All though I am glad the fight is over, I find no joy, only anger that our own chemical companies knowingly poisoned thousands of Vietnam veterans in the name of the all mighty dollar.

I would also like to add that anyone filing a claim or appealing a decision should never assume that their VSO has their best interest at heart. Mine did nothing. In the 4 years that I fought the VA I spoke with my VSO maybe three times and only saw him once. In February I called him to request that he check on my appeal status and his answer to me was "call your congressman." So what I am telling you is this, be sure all of your t's are crossed and you're i's are dotted. Do NOT chance that your VSO will follow through for you.

Best of luck to all who are fighting for what is rightfully theirs.

[Berta]

This is wonderful news regarding your claim and also some very sad facts-

veterans are dying to due AO disabilities,

their survivors are having -in most cases- many problems getting DIC, and as you said:

"I would also like to add that anyone filing a claim or appealing a decision should never assume that their VSO has their best interest at heart. Mine did nothing."

This is true and cannot be stated enough.

The good VSOs are overwhelmed and the lousy ones .... there are many cases at the BVA that a good VSO or rep could have advised the vet or widow on better-

We see the best rep we will ever have when we wake up and look in our bathroom mirror---

I commend you - this was NOT easy case and you did it!

Your husband would be very proud and now he can truly rest in peace.

I got BVA award April 2009 but it took until a few months ago for them to start paying me the retro DIC.

It was about 10 years of DIC withheld for a FTCA offset.

Even though I won and still had to fight ( have 2 claims pending still in the fire)

the VA made errors that seemed deliberate and they stalled as long as they could-

Make sure when they pay you that the Nehmer retro is correct.

There could be an accrued benefit award too.

My reps had no faith in my AO death claim when I filed it in 2003.

I think they were just too dumb to understand it.

I had to explain the Nehmer court order to them.hey even took steps to insure the claim would fail.

I complained to the General Counsel with evidence of their stupidity and now many of these reps are gone and cannot mess up veterans or widows claims anymore.It was a state Vets Org.

Your post here should be read by everyone here-some of these vet reps treat widows like we are second class citizens and it is an utter disgrace.

Congratulations!!!!

[Berta]

PS -there is info on accrued benefits under the DIC topic here.and we have lots of Nehmer info as well under AO topics.

[akwidow]

Congratulations on your win. I too am a widow who had to fly with her own wings to win her claim without an involved VSO or attorney. It took me 6 years and three denials. I am glad it only took you four years.

Make sure to file for those benefits! They will not do it for you - in fact, when I filed for month of death they wrote back and told me that my vet was not receiving any benefits at the time of his death....what a bunch of idiots. Here I am receiving DIC, which a widow/er can only get when their dead spouse is SC at death, and they turn me down. I sent them back a pointed but brief NOD letter with a copy of SC award, rating award, marriage license, death certificate, and their denial in case they forgot they denied me.

Don't forget to file for burial expenses, medical ChampVa coverage and DEA benefits, and more.

Never give up!

[sjh4951]

Thanks for the replies. I do have a few questions. After reading the letter from the BVA I see where they show

the date that my husband filed his claim as Feb. 2005 when in fact it was July 2004 via VONAPP. As I was awarded accrued benefits because his claim was pending this would affect the accrued benefit amount. How do I

get this corrected? As I remember this was an issue with my husband and the VA but I do have his C file and the original claim to prove otherwise. I don't know if I should protest now or wait until they send me the accrued monies and then go after them. I'm concerned that if I do anything at this point that they will drag their feet.

As for other benefits will my regional office notify me as to how to file for these? I know there are state benefits too but would you believe when I called the State of SC office today to check on this they gave me the name of who to call and low and behold it is my lousy VSO! I'm going to have to find someone else cause he's certainly not going to give me the right info. I know he must have received my appeal today and hasn't even called me.

Berta, are you saying that it's been over a year and they still have not paid you?? Have they not made you wait long enough?? I've been told that I would get an insurance card right away but that the benefits would take several months. Is that correct?

I'll look under the DIC comments as I don't have a clue as to entitlement other than I now know I'm exempt from paying property taxes.

What are DEA benefits?

Thanks,

Susan

[Berta]

DEA Benefits are also called Chapter 35 benefits.

I had half of my degree when I finally got DEA Chap 35 awarded many years ago- with entitlement date as date determined by my husband's posthumous P & T 100% award.

I finished my degree at American Military University but VA only paid about 6,000 thousand and my DEA ran out-

so I paid the rest of the tuition until I graduated.

With my new award I received about 5-6 thousand retro on what I had paid to AMU-that I was then eligible for under the new direct SC death award.

Something all dependents should keep in mind- with DEA under 100% P & T and then ultimately a SC death award.It can change things and involve retro that many vet reps and the VA does not have a clue on-until you send them the actual regs.

on

accrued:

As I was awarded accrued benefits because his claim was pending this would affect the accrued benefit amount. How do I

get this corrected? As I remember this was an issue with my husband and the VA but I do have his" etc.

As long as you filed for accrued with the 21-526 within one year after his death- they take the amount of the new rating (if you continued with and succeeded in his claims pending at death to a higher rating) then they subtract what he got in his lifetime and send you the difference.

"As I remember this was an issue with my husband and the VA but I do have his C file and the original claim to prove otherwise. I don't know if I should protest now or wait until they send me the accrued monies and then go after them. I'm concerned that if I do anything at this point that they will drag their feet."

They should go with the actual date of his claim-I would wait and see what they send as accrued and see how they figure it out- maybe it will be correct.

"As for other benefits will my regional office notify me as to how to file for these?"

I suggest you contact CHAMPVA yourself -they have online web site-

Does the VA have a Burial benefit application from you with the 526?

The VA should handle that but you might have to get on them -I sure did.

We have some state bennies here at hadit by state-I will try to find it-

I only get a local property tax reduction as widow of a disabled vet- there might be more in your locale for widows.

You have to apply for Home Loan Guarantee yourself-the form is at the VA web site-

"Berta, are you saying that it's been over a year and they still have not paid you??"

Actually my REPS check just arrived in the Mail-REPS is explained in the forum somewhere- it only involves widows who lost SSA death benefit when their youngest child turned 16- and if they succeed in establishing direct SC death.

I applied in early 1995.

I cant believe they actually finally resolved this REPS claim.

I am stunned by it.

In my case I had proven a wrongful death in 1997 and VA settled with me and I agreed to a partial offset to my DIC which was null and void if I succeeded on direct SC death.

It was about ten years of DIC.The BVA in a prior decision tome had verified that a direct SC death would bring me this offset refund.

I had to crack the whip with the Office of General COunsel before I could get VARO to budge on this. They would not even acknowledge this offset.

The lawyers I dealt with when I won my FTCA case still remembered me-I was tough-

I got them to do what I wanted them to do and then the RO was forced to send me the cash.

It was almost a year after the award had been made. They owed me on 6 or 7 issues and I think only one is still pending but I found they owe me for something else I keep forgetting to tell them to award-

and they owe my daughter a better DEA date too for her Chapter 35 benefits.

My dumb vet reps had no faith in my claim and my evidence and worked against me.Then they wiothdrew their POA for spite.

They lost credit for over 80,000 so far in retro on my claim.What a bunch of dummies!

It is actually about 90,000 I forgot something.

I get 2 exceptions from my property taxes but your state has total exception? That is GREAT!

My husband should still be alive but they killed him with piss poor medical care over his DMII from AO.

He said the day he died (he had filed a 1151 claim himself) that he wanted me to go after them if he dropped dead---- and make them pay----

I did that and I will continue to do it-he was only 47 years old when the VA put him on ice.A decorated SC combat veteran.

sorry if I sound angry-this award letter I got today gave me flashbacks-and the check could have come last year when I was approved for it- but it took until today.

We deal with illiterates at the VA sometimes.

Edited May 3, 2010 by Berta