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Agent Orange


mymissie
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Question

My Brother-in-law was in V.N. two terms of duty)- came back home,married my sister and they had four children.

One son was born with Spinal-biffty.

Vet had massive heart atttack-live for short peroid then died.

She called S.O. and was told they didn't quilify for V.A. benifits.

She and her son are both on S.S.. disability. ( He is dependent on her and lives with her.(He is House bound)1001 problems)

Do you believe They should apply for V.A.benifits? And would it affect their S.S benifits? (She is 60 years old)

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The SO might have cost her money!

When did this veteran die?

VA does compensate children of incountry Vietnam vets for spinal bifida:

The Veteran served a tour of duty in the Republic of Vietnam

during the Vietnam War. His child, the appellant, seeks to

establish entitlement to benefits under 38 U.S.C.A. § 1805, which

provides a monthly allowance to or for a Vietnam veteran's child

who has been determined to have spina bifida. 38 U.S.C.A. §

1805(a); 38 C.F.R. § 3.814(a). The term "spina bifida," in the

context of this law, is defined as "all forms and manifestations

of spina bifida except spina bifida occulta." 38 U.S.C.A. §

1802. See Jones v. Principi, 16 Vet. App. 219 (2002) (holding

that the plain language of 38 U.S.C.A. § 1802 does not limit the

definition to spina bifida per se but includes other "forms and

manifestations" of spina bifida except for spina bifida occulta)."

Did he die from Ischemic heart disease?

If she receives DIC that does not impact on her SSA. (I assume you mean here SSA disabilty and not SSI)

Did he have any VA claim pending at death?

She needs to apply on a 21-534 form for DIC.

What exactly did the death certificate say as to the casue of death and any contributing factors?

Was the veteran autopsied?

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Here is the form she needs for the child with Spinal Bifida:

http://www.vba.va.gov/pubs/forms/VBA-21-0304-ARE.pdf

Make sure she fills out the REPS portion of the DIC claim.

I explained this additional benefit here and it is available under a search.

If she attains DIC then maybe she would be eligible for REPS too. hard to say at this point.

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