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Pension Management Center

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Susan

Question

I sent supporting information for DIC and any other benefits relating to Don's claims since 1992 for AO IHD in August of 2010. I received a denial in September of 2010 stating that I had no benefits. The denial came from St Paul Minnesota and it also stated that Don had no benefits due him at the time of his death either. So, I submitted more information of his medical records. I received a letter from Pension Mgmnt Ctr. St Paul MN this week. It stated to send more information before they could open the claim. St Paul stated that the medical evidence that I had sent with the second supporting information would be entered to Don's file. There has been no mention of Nehmer. I have not received anything from the VA yet about Don being denied prior to his death in 2000. Has anyone had experience with St Paul MN in regards to AO and Nehmer? I live in Texas and since Don and I both have had no luck with Texas reps yet, I have been working with an out of state group with service officers. A friend in the same circumstances sent her claim in August the same day that I did. Her claims have gone to Washington State and she is set to receive her benefits at any time. I worry that if I send my information to St Paul MN again, that they will only look at it as a pension which I would not qualify for since I work full time.

Thanks for any input,

Susan

AO IHD widow of Don-C the vet

PTSD sc zero %

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I cant determine here if the substitution regs were in affect when she applied for DIC.

You are correct-A reopen of a veteran's pending claim by substitution or regular 21-526 re- open after the veteran's death can provide both accrued benefits as well as DIC as long as VA receives the DIC application and reopened claim within one year after the veteran's death.

The only exception to this one year deadline for accrued benefit request is Nehmer accrued awards.

I double checked with Rick Spataro,last week, Nehmer lawyer from NVLSP, and he agreed that the accrued benefit claim has no deadline under Nehmer for accred benefits due under one of the new AO presumptives.

If a DIC claim is non AO Nehmer and not filed until after one year has lapsed since the veteran's death and if the claim succeeds, DIC will only be paid back to the date of the DIC claim.

Accrued benefits can involve substantial monetary awards as well as even SMC as accrued benefits.

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One more point -the accrued benefit claim whether by re=oen or substitution still has t be proven by the survivor.

In some cases the pending claim has generated, by time of death, possibly enough evidence for VA to award it.This was my case-the VA had enough to award my husbands 100% PTSD claim in his lifetime.But I still had to send them the same information over and over again for an accrued award and that award took 3 years to show up.

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One more point -the accrued benefit claim whether by re=oen or substitution still has t be proven by the survivor.

In some cases the pending claim has generated, by time of death, possibly enough evidence for VA to award it.This was my case-the VA had enough to award my husbands 100% PTSD claim in his lifetime.But I still had to send them the same information over and over again for an accrued award and that award took 3 years to show up.

Thank you Berta and everyone helping me. I did hear from NVLSP and had a phone conversation. They are requesting Don's C-file. Don was not on the Nehmer list. The day before I heard from NVLSP, I had contacted the local County Service Rep. The office where I made a claim in 2000. The former rep or officer had retired last summer. The new officer was nice and could only look for a file. He said that since it was several years old it was probably boxed up and in a dusty area. He said he would have to find the extra time to look. I asked to request the C-file and we began that process. But, when we came to the part where I had remarried there was a problem and I could not request it. It is okay for immediate relatives to request it though. So for now, I continue to learn as much as I can while I wait to see if Waco can come up with a complete C-file. Ten years ago they could only find one of the two volumes. I will study your suggestions and answers when I get a chance.

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This is good that a NVLSP lawyer is looking into this.

I might have said they send a canned response but if something doesn't seem right,(and he wasnt on the RO AO list) they will contact the widow or veteran.

Those old files in county VSO offices are supposed to be retained.

DAV however told me they had destroyed my past POA file and all files after 5 years ????

The VA then told me they never had a claim under 1151 from my husband in his lifetime.The DAV had copy of it and I even talked to the NSO about it.

I found it was right in the C file and their 1151 award to me was based on a re open of the 1151 claim he filed.

I don't think I need to prove he filed anymore-they tried to deny my SMC CUE based on their saying he never filed the 1151 himself.

I know in a very old PC I have there is a fax he sent to Jesse Brown (Sec of VA in 1994 with a copy of his 1151)as well .And I have old Prodigy BBS printouts where he discussed on line the 1151 he filed with a former VA attorney who was member of the veterans BBS in those days.

I am concerned now as to what the DAV said to me as to destroying claims files after 5 years had passed.

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