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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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  • 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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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akwidow

Denied Month Of Death

Question

I got another denial letter yesterday. It told me (after apologizing for telling me that hubby was not SC at time of death) that because of the DIC I got from date of death that I don't get the month of death payment.

Is this true?

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5 answers to this question

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The month of death payment is an accrued benefit-which is different from DIC.

Did you apply for accrued benefits within one year after he died? If so- I don't know why they denied.

I still have not had time to not only apply for this benefit (it seemed they took the money out of our checking account before he was even cold)but for something else too-

accrued benefits- they paid me 2 years of accrued but they want to argue over the additional year under Nehmer

Did they owe you any accrued from any pending claims he had that you had to finish with evidence succeed in?

Did they cite any regulation for the denial?

I could be wrong-but if you get DIC for month of death -his compensation for that month could have been more then the DIC anyhow.They could have sent the difference in that case.

Hope someone else chimes in here- as I recall is the monthly comp actually for the past month?

I guess I mean say you get TDIU check on the first of month- isnt that for the previous month?

So therefore wouldn't this widow be eligible for DIC for month of death and the veteran's final comp check too- assuming they withdrew that amount from their bank account as soon as they knew he died?

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the VA pays a month late in other words the check you get June 1 was for May not June now SSD is even worse it depends on your birthday since my birthday is the 25th when I get my check on the 4th Wednesday of every month it is for the month before last month next week I will get Aprils check my wife will play havoc getting that mess straight when I pass thank god we have about a years pay saved up so she won't be penniless while she gets it all straight....

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As far as paying in arrears it still makes up for uncertainty many others have suffered in the past. We know when the check is coming and how much.

That said I think that widows and spouses are poorly treated by VA and it should be so simple for them to make arrangements to take care of that mess.

I would like to see our Congress critters make arrangements for a smooth transition when the VA is notified in a timely manner and provide that they continue to pay the full check till they get the DIC online.

If that was the rule I bet the bastards would have the paperwork done in days.

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[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2003]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR3.20]

[Page 163-164]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3--ADJUDICATION--Table of Contents

Subpart A--Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.20 Surviving spouse's benefit for month of veteran's death.

(a) Where the veteran died on or after December 1, 1962, and before

October 1, 1982, the rate of death pension or dependency and indemnity

compensation otherwise payable for the surviving spouse for the month in

which the death occurred shall be not less than the amount of pension or

compensation which would have been payable to or for the veteran for

that month but for his or her death.

(Authority: 38 U.S.C. 5310)

(:huh: Where the veteran dies on or after October 1, 1982, the

surviving spouse may be paid death pension or dependency and indemnity

compensation for the month in which the veteran died at a rate equal to

the amount of compensation or pension which would have been payable to

the veteran for that month had death not occurred, but only if such rate

is equal to or greater than the monthly rate of death pension or

dependency and indemnity compensation to which the surviving spouse is

entitled. Otherwise, no payment of death pension or dependency and

indemnity compensation may be made for the month in which the veteran

died.

(Authority: 38 U.S.C. 5111©)

©(1) Where a veteran receiving compensation or pension dies after

December 31, 1996, the surviving spouse, if not entitled to death

compensation, dependency and indemnity compensation, or death pension

for the month of death, shall be entitled to a benefit for that month in

an amount equal to the amount of compensation or pension the veteran

would have received for that month but for his or her death.

(2) A payment issued to a deceased veteran as compensation or

pension for

[[Page 164]]

the month in which death occurred shall be treated as payable to that

veteran's surviving spouse, if the surviving spouse is not entitled to

death compensation, dependency and indemnity compensation or death

pension for that month and, if negotiated or deposited, shall be

considered to be the benefit to which the surviving spouse is entitled

under paragraph ©(1) of this section. However, if such payment is in

an amount less than the amount of the benefit under paragraph ©(1) of

this section, the unpaid difference shall be treated in the same manner

as an accrued benefit under Sec. 3.1000 of this part.

(Authority: 38 U.S.C. 5310(B))

[48 FR 34471, July 29, 1983, as amended at 62 FR 35422, July 1, 1997; 64

FR 30392, June 8, 1999]

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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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