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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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  • HadIt.com Elder

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 by Berta
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  • HadIt.com Elder

PS under the Nehmer court order they owe you ALL accrued benefits they did not pay the veteran due to his death.

There is a lionk to Nehmer here and at NVLSP web site if you need it,

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  • HadIt.com Elder

I am so glad that Berta is here. She saved me from some very bad information.

Congrats on your win.

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"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."

I know exactly where you are coming from re: the flashbacks. On Saturday when I received the BVA decision I simply fell apart. Couldn't even finish reading the thing. Couldn't hold it as I was shaking so badly. Don't know what happened to me. It was like I had just been told that Bill died. Maybe delayed reaction to his death, I have no idea. It was totally unexpected as I thought I would jump for joy if I won but it didn't happened. Still hasn't. Just kind of numb and at a loss as to what to do with myself. I have spent so long in the research mode and now, nothing. Guess it just hasn't hit me yet. It was hard, though, to read cause of death due to agent orange exposure. A death that could have been prevented...thousands of deaths that could have been prevented. Just hung up on that thought right now so I know what you mean by anger.

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  • HadIt.com Elder

Dear Susan:

Its hard to deal with the loss of your spouse right now I am trying to help my sister in law as the VA killed my Brother on Christmas. I blame the VA because they did not help him and only added to his misery and I have anger also.

But anger although can help with motivation but its something we cannot continue to keep.

Your DIC award recognizes the sacrifice your husband made to his country and I am pretty sure he can rest easier knowing that you got it.

Although you think it is done please read Berta and check to see that you got the correct amount.

The waiting is over and thank you for helping a Veteran.

God Bless

Pete

One other thing is talk to Social Security and have them explain your options. As a widow you can elect to take his Social Security when you retire and the DIC money should not count as income for Social Security.

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