Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

DexterB

Accrued Benefits

Recommended Posts

My Father was awarded pension benefits approximately 16 months prior to his death in December 2009. However, because the VA determined that a convervator was needed--and because of the slowness of the process--a conservator was never actually appointed and no benefits were paid out before his death.

My question is: who gets the accrued benefits?

From my research on the VA website, it appears that the benefits would go to the children in equal shares (all children are grown with their own families and there is no surviving spouse).

My problem with this is that under my Father's will, the children did not receive equal shares and one child was completely disinherited. However, under the apparent VA distribution scheme, all the children would get the same amount.

This makes little sense to me, because had the benefits actually been paid to me before his death, there would be no question that they would be distributed in accordance with his will.

Neverthless, I present this situation to you good folks to confirm what I think is the case: that all the children will receive equal shares, regardless of what the will states.

Am I correct?

Thank you for your help.

Share this post


Link to post
Share on other sites

Ad

DexterB,

Welcome to Hadit.

Other's will chime in.

carlie

Share this post


Link to post
Share on other sites

"From my research on the VA website, it appears that the benefits would go to the children in equal shares (all children are grown with their own families and there is no surviving spouse)."

That would be possible for any SC accrued under Nehmer AGent Orange claims .

I am not aware of any other type of accrued that would be payable to next of kin.

Did he have a living spouse?

Who filed an accrued claim after his death? What response has the VA made regarding that claim?

Can you post a link to the part of the VA web site where you found the above info?

Share this post


Link to post
Share on other sites

Welcome to Hadit and once again the VA has screwed more people.

Unfortunately the VA is going to do things their way and if the kids want any money they will need to act together.

If the Dad left a will than the executor should proceed and obey the provisions in the will if the VA will go along with it.

Share this post


Link to post
Share on other sites

Did you mean this regulation?:

Accrued benefits

"Under 38 U.S.C.A. § 5121, a proper party is entitled to any

periodic monthly benefits under laws administered by the

Secretary to which the veteran was entitled at his death

under existing ratings or decisions, or those benefits based

on the evidence in file at the time of the veteran's death

which were due and unpaid preceding the veteran's death. See

38 U.S.C.A. § 5121; 38 C.F.R. § 3.1000. In Jones v. West,

136 F.3d 1296 (Fed Cir. 1998), the United States Court of

Appeals for the Federal Circuit held that the veteran must

have had a claim pending at the time of his death for such

benefits or else be entitled to them under an existing rating

or decision in order for a surviving spouse to be entitled to

accrued benefits. Applications for accrued benefits must be

filed within one year after the date of death. 38 U.S.C.A. §

5121©; 38 C.F.R. § 3.1000©."

I am puzzled whether this would apply to accrued NSC pension benefits as I dont see why it wouldnt.

I have never seen this type of claim before.

I suggest that someone as next of kin MUST apply within the first year after his death (by this December) for accrued benefits.

But also I suggest you get a vet rep who has knowledge of this type of benefit.

For over 20 years I thought it meant only SC claims and not pension and I could be wrong.

Also it says "proper party" which always meant spouse as I understood this and next of kin if spouse is deceased for all Nehmer AO claims.(Or Estate of veteran in AO accrued claims)

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines