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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Berta

Ao Widow Succeeds

Question

“1. On August 23, 1988, VA received the Veteran's original

claim of entitlement to service connection for diabetes

mellitus type II, claimed as a result of exposure to

herbicides, which remained pending and unadjudicated at the

time of his death in May 1995.”

(that's right pending and unadjudicated for 7 YEARS!

2. The Veteran's diabetes mellitus type II, diagnosed in

April 1981, is presumed to be related to his exposure to

herbicides coincident with his service in the Republic of

Vietnam.

ORDER

Service connection for diabetes mellitus type II for accrued

benefits purposes is granted."

REMAND

(the remand was to determine if a cancer listed on the death certificate was an AO STS cancer or if DMII contributed to or caused the veteran's death)

http://www4.va.gov/vetapp10/files1/1001629.txt

This is quite a claim.

It takes a good careful reading.

“In a January 2006 decision, the Board upheld the RO's denials

of the appellant's claims. Thereafter, the appellant

appealed the Board's decision to the United States Court of

Appeals for Veterans Claims (Court). In November 2008, the

appellant and the Secretary of VA (the parties) filed a Joint

Motion for Vacatur and Remand (Joint Motion). The Joint

Motion moved for the Court to vacate and remand the January

2006 Board decision and, in a December 2008 Order, the Court

granted the Joint Motion. As such, the January 2006 Board

decision is vacated.”

The veteran's initial claim was not prepared very well and this was one of the problems.Still those problems were finally overcome,

But -it took a lot of tenacity on the widow's part to succeed here.

The veteran died in 1995 and her application for DIC and accrued was filed in timely fashion.

Her award for accrued only took FIFTEEN YEARS!!!!!She also now has potential chance now for a DIC award based on the medical evidence at time of death.

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