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!

[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 Dec.23, 1999, Docket NO. 97-20 067 and 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