Docket No

[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!

[Berta]

Emily- I recall your claim (if you are the same widow who used to be here).

"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."

This does not, for DIC purposes, constitute a formal 21-534 DIC application which must be filed within one year of the veteran's death.

I am not sure what your question is here-

Did you fully consider whether your children or you are eligible for the REPS benefit?

The REPS application is part of the 21-534 application.

It took me 16 years to get this benefit and ,even when VA had the award letter, and should have advised me of how the REPS benefit would be processed ---they didn't even mention it.My former rep had never even heard of it.

I would have lost a substantial monetary award had I not known of the REPS regulations.

Widows have to become very proactive as you definitely were regarding your past DIC claim.

I have no idea if you are eligible but the criteria is under Restored Entitlement Program here.

I recall your issue might have been the formal filing date of the 21-534 application.The date on that form next to your signature is the date the VA holds to for accrued benefits purposes.

Chapter 35 dates have their own specific controlling regulations.

Also it is not unusual for the BVA to change a Docket number or ,in my case, they added an "A" next to one docket number for an additional past decision.

Any BVA denial can be appealed within a time limit to the Court of Veterans Appeals (CAVC).

The CAVC will not accept new evidence but will review the BVA decision to see if the BVA has committed any errors in it and they can possibly reserve the BVA decision.

It is best to have a lawyer help with any CAVC case as very few CAVC decisions overturn a BVA decision.

38 C.F.R, 3.153. Tell me what to do!

[emily]

Emily- I recall your claim (if you are the same widow who used to be here).

"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."

This does not, for DIC purposes, constitute a formal 21-534 DIC application which must be filed within one year of the veteran's death.

I am not sure what your question is here-

Did you fully consider whether your children or you are eligible for the REPS benefit?

The REPS application is part of the 21-534 application.

It took me 16 years to get this benefit and ,even when VA had the award letter, and should have advised me of how the REPS benefit would be processed ---they didn't even mention it.My former rep had never even heard of it.

I would have lost a substantial monetary award had I not known of the REPS regulations.

Widows have to become very proactive as you definitely were regarding your past DIC claim.

I have no idea if you are eligible but the criteria is under Restored Entitlement Program here.

I recall your issue might have been the formal filing date of the 21-534 application.The date on that form next to your signature is the date the VA holds to for accrued benefits purposes.

Chapter 35 dates have their own specific controlling regulations.

Also it is not unusual for the BVA to change a Docket number or ,in my case, they added an "A" next to one docket number for an additional past decision.

Any BVA denial can be appealed within a time limit to the Court of Veterans Appeals (CAVC).

The CAVC will not accept new evidence but will review the BVA decision to see if the BVA has committed any errors in it and they can possibly reserve the BVA decision.

It is best to have a lawyer help with any CAVC case as very few CAVC decisions overturn a BVA decision.

[emily]

Berta, I am the same widow!

I did file the 21-534. What is the REPS Benefits? On june 21, 2004, my 5 children and myself were granted full benefits, by the Veteran Law Judge, at the BVA Washington, DC.The ISSUES 1. Entitlement to service connection for the cause of the veters's death. 2. Entitlement to Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code! The file was sent back to Pittsburgh. The VARO Rating Decision July 22, 2004! Decision 1. Service connection for the cause of death is granted! 2. Basic eligibility to Dependents' Educational Assistance is established! REASONS FOR DECISION 1. Service connection for the cause of death! The cause of death is recorded as; congestive heart failure. Service connection for the cause of the veteran's death is granted since evidence shows that it was related to military service! 2. Eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35! Eligibility to Dependents' Educational Assistance is derived from a veteran who was dischared under other than dishonorable conditions; and, has a permanent and total service-connected disability; or a permanent and total disability was in existence at th time of death; or the veteran died as a result of a service connected disability! Also, eligibility exists for a serviceperson who died in service! Basic eligibility to Dependents' Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature! August 11, 2004 letter from VARO, Pittsburgh, 'We made a decision on your claim for DIC'! What did we decide? We granted service connected death benefits DIC, effective May 12, 1993! We granted entitlement to Dependents' Educational Assistance (Chapter 35) effective December 3, 1981! My youngest child turned 18, Oct,31 1993 and just started college, the college forms are in my C-File. 38 U.S.C. Sec. 5113 Effective dates of educational benefits; Effective dates relating to awards under chapters 30, 31, 32, 34 and 35 of this title or chapter 106 of title 10 SHALL, to the extent feasible, CORRESPOND to effective dates relating to awards of disability compensation. Think I Need a Attorney?

[Berta]

Emily- I dont know what your question is---except for the REPS question:

REPS Restored Entitlement Program for Survivors"

"Under the provisions of section 156 of Public Law 97-377 and 38 C.F.R. § 3.812 (1992), a special allowance is payable to certain surviving spouses and children of individuals who died on active duty prior to August 13, 1981, or who died as a result of a service connected disability which was incurred or aggravated prior to August 13, 1981. This allowance, known as REPS benefits, was a replacement for certain social security benefits which were either reduced or terminated by the Omnibus Budget Reconciliation Act of 1981. Pub. L. No. 97-33, § 2205, 95 Stat. 837 (l98l). Among those who are potentially eligible for REPS benefits are unmarried children of the veteran between the ages of 18 and 22 who are attending a post-secondary school on a full- time basis. Retroactive benefits, that is, benefits for a period of time prior to the date of the claim for such benefits, may only be paid under certain circumstances which are set forth in 38 C.F.R. § 3.812(f). With respect to any claim which is received more than one year after May 23, 1984, but within six months following the month in which the claimant first became eligible for special allowance payable under Section 156 of Public Law 97-377 (REPS), benefits shall be payable for all periods beginning on or after the first day of the month that the claimant first became eligible for this special allowance. See 58 Fed Reg. 34524-5 (l993).

I will use myself as example:

I was eligible along with my daughter for Survivors Benefits from SSA when my husband died.

My SSA benefit ceased (called the Mother's or Father's Survivor's Benefit)when she turned 16 but her benefit continued until she turned 18.

She joined military so she was not extended for the benefit after 18 due to her military service.Many students still can continue this benefit if they qualify as above in the regulation.

When I succeeded last year in an award for direct SC death (I was getting DIC for 1151 death-I was not eligible for REPS with that award)I copied and sent to the VA REPS people a copy of my original REPS app at the end of my original 534 application.VA called me and faxed me a new application and with it I enclosed my Social Security letters regarding the loss of the Mother's SSA Survivors benefit I had,

proof that my daughter was still in school at age 16 up until her mil enlistment, and a copy of something from her high school to prove her attendance until she graduated.And the direct SC death award letter.

Although I knew I was eligible for this benefit I did end up with a miserable rigamorale that VA apologised for and I received the money after I raised some hell.

If you fit into the REPS criteria I do not think there is any time frame in which to apply for this benefit.

You might have a REPS application with a copy of your 21-534 that you filled out years ago if you were eligible then.

I will try to find a REPS contact number I might still have and will post it here.

VA apparently does not tell any survivor if they are eligible for this benefit -even when they are.

The REPS payment is figured out on how much SSA survivor's parents benefits were lost due to the Omnibus Reconciliation Act.

[Berta]

If you might be eligible I suggest getting a vet rep to help you with this Emily-

bring them a copy of the regulation I posted because many reps dont really know what REPS is.And they get very few questions about this.

Oddly enough the 800# people told me when I succeeded in my claim that someone had noted in the VA PC---- DO NOT SEND REPS APPLICATION regarding my award letter.

I bypassed my VARO completely on REPS when they told me that.

[emily]

June 21,2004, I was awarded (granted)by THE BOARD OF VETERANS'Appeals, WASHINGTON, DC.By Veterans Law Judge, J.A. Markey. 1. Entitlement to service connection for the cause of the veteran's death (DIC)U.S.C.A. 1310 (West 2002); 38 C.F.R. 3.312 (2003). 2.Educational assistance benefits under Chapter 35, Title 38, United States Code. 38 U.S.C.A. 3501 (West 2002). The VARO Pittsburgh,PA. Rating Decision, July 22,2004,the BVA Decision of 06-21-04 was received in the VA Office. This rating action will effectuate that Decision! DECISION 1. Service connection for the cause of death is granted! 2.Basic eligibility to Dependents' Educational Assistance is established! Evidence The Board of veterans Appeals (BVA) Decision of 06-21-04! REASONS FOR DECISION- 1. Service connection for the cause of death! The cause of death is recorded as; congestive heart failure! Service connection for the cause of the veteran's death is granted since evidence shows that it was related to military service! Please see BVA Decision of 06-21-04 for details on this issue! 2. Basic eligibility to Dependents Education Assistance is granted as the evidence shows the veteran currently has a total service-connected disability, permanent in nature! Please see BVA Decision of 06-21-04 for details on this issue! THE DOCKET NO. 97-20 067A Date June 21, 2004! On August 11, 2004 VARO Pittsburgh, "WE made a decision on your claim for (DIC)"! "This letter tells you about your entitlement amount and payment START DATE and WHAT WE DECIDED!" "WHAT DID WE DECIDE? We granted (DIC), Effective May 12, 1993! We granted entitlement to Dependents' Educational Assistance(Chapter 35) effective Dec. 3, 1981! How could the VARO Pittsburgh say we made a decision on your claim on Aug 11, 2004? The Board of Veterans' Appeals, Washington, DC made that decision on June 21, 2004! Also the VA LAW states you can not receive Entitlement to Dependents' Educational Assistance benefits under Chapter 35, Title 38, U.S.C. unlessthe Veterans death is service-connected! 38 U.S.C.A! I just can't take this anymore! On Dec. 03, 2010 it will be twenty-nine years that my husband died. I was forty-two and raised five children! The thing is my brother took me to meet with a VA Benefits Counselor one month after my husband died. My brother and three of my five children gave sworn testimony at a personal hearing and at The BVA March 2007. I wish you could read the Trascript of the March 12, 2007 Hearing. Not one item from the hearing was used in the July 02, 2007 Decision. I don't know how they could get away with this. They owe me 12 years of benefits and each one of my children never received (DIC).The DOCKET NO. 05-23 434, July 02, 2007