When a case is sent to the BOARD OF VETERANS APPEALS, does the DOCKET NO. stay the same? The American Legion sent a written brief presention, to the Board of Veterans' Appeals,BVA Washington, DC. on April 2, 1999. ISSUE: 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to Dependent's Educational Assisance benefits under Chapter 35, Title 38, United States Code.Dec. 23,1999, the BVA REMANDED the claim. Stating "as determined, the appellant's claim of entitlement to service connection for the cause of the veteran's death is well grounded, VA is under a statutory duty to assist. The appellant's claim of entitlement to Chapter 35 education benefits will be held in abeyance at this point, as outcome of the cause of death claim has a direct effect on the claim! The claim was well grounded, The BVA wanted a more detailed opion from the IMO. JUNE 21, 2004. SERVICE CONNECTION FOR THE CAUSE OF THE VETERAN'S DEATH IS GRANTED! ENTITLEMENT TO EDUCATION ASSISTANCE BENEFITS UNDER CHAPTER 35, TITLE 38, UNITED STATES CODE IS GRANTED! Rating Decision, July 22, 2004, letter from VARO. Decision, 1. service connection for the cause of death is granted, 2. Basic eliibility to Dependents' Educational Assistance is esablished! Reasons For Decision, 1. service connected for the cause of death. The cause of death is recorded as: congestive heart failure. Service connectionfor the cause of the veteran's death is granted since evidence shows that it was related to military service. Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the vetern currently has a total service-connected disability. When the VARO gave the entitlement amounts and start dates The went back to June 1, 1993 and Dec. 01, 1981.I requsted an AUDIT August, 2004. My claim was sent back to the Board Of Veterans' Appeals, On March 12, 2007, four of my children went to Washington DC for a hearing. This is when the Docket No. changed. The benefits sough on appeal DENIED. Some of the argument: 1. The application of a form jointly prescribed by the Secretary and te Secretary of Health and Human Services filed with the Social Security Aministration on or after Junuary 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. 38 C.F.R, 3.153. Tell me what to do!
Question
emily
When a case is sent to the BOARD OF VETERANS APPEALS, does the DOCKET NO. stay the same? The American Legion sent a written brief presention, to the Board of Veterans' Appeals,BVA Washington, DC. on April 2, 1999. ISSUE: 1. Entitlement to service connection for the cause of the veteran's death. 2. Entitlement to Dependent's Educational Assisance benefits under Chapter 35, Title 38, United States Code.Dec. 23,1999, the BVA REMANDED the claim. Stating "as determined, the appellant's claim of entitlement to service connection for the cause of the veteran's death is well grounded, VA is under a statutory duty to assist. The appellant's claim of entitlement to Chapter 35 education benefits will be held in abeyance at this point, as outcome of the cause of death claim has a direct effect on the claim! The claim was well grounded, The BVA wanted a more detailed opion from the IMO. JUNE 21, 2004. SERVICE CONNECTION FOR THE CAUSE OF THE VETERAN'S DEATH IS GRANTED! ENTITLEMENT TO EDUCATION ASSISTANCE BENEFITS UNDER CHAPTER 35, TITLE 38, UNITED STATES CODE IS GRANTED! Rating Decision, July 22, 2004, letter from VARO. Decision, 1. service connection for the cause of death is granted, 2. Basic eliibility to Dependents' Educational Assistance is esablished! Reasons For Decision, 1. service connected for the cause of death. The cause of death is recorded as: congestive heart failure. Service connectionfor the cause of the veteran's death is granted since evidence shows that it was related to military service. Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the vetern currently has a total service-connected disability. When the VARO gave the entitlement amounts and start dates The went back to June 1, 1993 and Dec. 01, 1981.I requsted an AUDIT August, 2004. My claim was sent back to the Board Of Veterans' Appeals, On March 12, 2007, four of my children went to Washington DC for a hearing. This is when the Docket No. changed. The benefits sough on appeal DENIED. Some of the argument: 1. The application of a form jointly prescribed by the Secretary and te Secretary of Health and Human Services filed with the Social Security Aministration on or after Junuary 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. 38 C.F.R, 3.153. Tell me what to do!
Link to comment
Share on other sites
Top Posters For This Question
1
Popular Days
Nov 18
1
Top Posters For This Question
emily 1 post
Popular Days
Nov 18 2010
1 post
0 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now