Why?

[emily]

On my Post, "Docket No. BVA", Why does E-3 Seaman Appear amd the # on the posting is wrong! Such as #8 should be #1! I know I did something wrong, but don't know what! I need help, but I'm not getting it! I would like to change the "Topic Title", don't know how to do that! I did post the three Docket No. and Dates from the Board Of Veterans' Appeals (BVA) Washington, DC!

[Berta]

"I need help, but I'm not getting it!"

I gave you a complete reply as to the REPS benefit- in the past post you made but I could not determine what your question really was and I have no idea if you are eligible or not-for REPS- you will have to read the information I posted here carefully.

Regarding your DIC award-----

http://www4.va.gov/vetapp07/files3/0719868.txt

This was the decision:

"FINDINGS OF FACT

1. A claim for entitlement to service connection for the

cause of the veteran's death was not received within a month

of the veteran's death in December 1981.

2. The appellant did not file a claim for entitlement to

service connection for the cause of the veteran's death prior

to June 1, 1993.

ORDER

Entitlement to an effective date earlier than June 1, 1993

for the grant of service connection for the cause of the

veteran's death is denied."

If you disagreed with the BVA decision you had the right to appeal with the US Court of Veterans Appeals.

Did you?

[carlie]

On my Post, "Docket No. BVA", Why does E-3 Seaman Appear amd the # on the posting is wrong! Such as #8 should be #1!

emily,

The E-3 Seaman relates to your membership level at Hadit.com .

The posting # is irrelevant, you probably have z-a order instead of a-z order.

[emily]

I did appeal the July 02,2007! The ORDER part of that decision and the March 12, 2007 Hearing Transcript of that decision is the question! You need to read the June 21, 2004, Docket No. 97-20 067A and the Dec. 23, 1999 Docket No. 97-20 067A BY THE BOARD OF VETERANS' APPEALS! Notice what the Issues are! Read the Findings of Fact! Then the Analysis, Cause of Death! Then read the ORDER! Pay close attention to the VA LAW and Cases used! The July 22, 2004 Rating Decision by the VA Regionsl Office! DECISION 1. Service connection for the cause of Death is Granted! 2. Basic eligibility to Dependents' Education Assistance is established! EVIDENCE The Board of Veterans Appeals !BVA) Decision of 06-21-04! REASIONS 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 the 06-21-04 for details on this issue! 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 discharged under other than dishonorable conditions: and, HAS a Permanent and total SERVICE-CONNECTED DISABILITY WAS in EXISTENCE at the time of death: or the veteran died as a result of aa service-connected disability! Also, eligibility exists for a serviceperson who died in service! Finally,eligibility can be dervied from a service member who, as a member of the armed forces on active duty, has been listed for more than 90 days as: missing in action; captured in line of duty by a hostile force; or forcibly detained or interned in line of duty by a foreigign government or power! Basic eligiility to Dependents' Education Assistance is grant as the evidence shows he eteran currently has a total service-connected disability, permanent in nature! Please see BVA Dicisiion of 06-21-04 for details on this issue! REFERENCES Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which goveren entitlement to all veteran benefits! In May 1993 I applied for non-service connected benefits! In Jan. 1995 I wrote to the White house, this was when I was told of Service Organizations who are there to assist me! I had my first hearing July 21, 1995! After the hearing I filed form 21-8416. I requested my husbands service medical records from St. Louis, they were received 02-06-1996. I filed Form 9 on 04-20-1996. I filed for service-connected disability on 04-20-1996! I had 4 hearings at the VARO from 1995 to 07-12 2002! 12 Supplemental Statement of the Case! This was all taken from what I received from the VARO! When the VARO sent my file the Washington BVA they make a big mistake. This is what the VA LAW states "New and Material Evidence, a. A Claimant must submit "NEW and MATERIAL" evidence to reopen a previously disallowed claim. (1) To qualify as NEW evidence, under 38 C.F.R. 3.156, evidence, whether documentary testimonial or in some other form, Must be submitted to VA for THE FIRST TIME. (2) A photocopy or other duplication of information already contained in a VA Claims folder does NOT CONSTITUTE NEW EVIDENCE since it was previously considered, nither does information confirming a POINT ALREADY ESTABLISHED". You will see that on JUNE 21,2004 I was GRANTED full benifits according to VA LAWS.

[Berta]

I have read all this many times since you came to hadit.

I agree with the BVA decision and order which is based on established VA case law and regulations regarding DIC.

Since you disagreed with the BVA decision did you appeal this decision in time to the Court of Veterans Appeals?

[broncovet]

Emily

If you have a question about your claim that you would like answered here, may

I humbly suggest that you 1. Supply a link to your decision if you would like an analysis of it (or post relevant parts of it, always omitting personal information such as name, city, etc). 2. Keep your questions Simple.

Remember these people offering help are volunteers, giving of their time and resourses to help Veterans and Widows.

Berta, for one, has helped hundreds of Veterans on here, including myself. Altho she does not always give the answer the Veteran WANTS to hear, her answers are well thought out and researched. I love it when Berta answers my questions, and I do understand she is too busy to give any more hours to Veterans. She already probably donates 40 or more hours per week, and she certainly deserves "a life" away from the computer.

Finally, if/when you do get enough help on here and acquire the knowledge to win your claim, then share what you have learned with others, that they also may win their claim.

[Berta]

Here is Emily's 2007 BVA award.

I have been over this situation here with Emily many times.

This BVA decision is correct based on the evidence they used. It does NOT mean there are any accrued benefits due or any other DIC retroactive payments.

http://www4.va.gov/vetapp07/files3/0719868.txt