Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Expedited Benefits For A Dying Verteran

Rate this question


megan

Question

Hi-

My Father who served in the Air Force as a mechanic at Walker Air Force Base from 1955-1960 was diagnosed with Mesothelioma in September 2010. After the inital shock we filed a disability claim since he would no longer be able to work or farm (as he did since his time in service). He as undergone all the necessary medical exams, etc. He is under the treatment of the VA and receives Hospice care. The hospice nurse believes from her experience his time is limited to a few weeks at this point.

My question is- is there a way we can expidite his disability claim? His VSO is relatively useless and just tells us to wait, be we are afraid of 'red tape' that may occur if he passes with the claim being granted. Plus, it would be useful in assisting with funeral costs, etc.

Thanks,

Megan

Link to comment
Share on other sites

  • Answers 15
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Would this be a good time to get her Congress person and/or Senator involved? Or, would this be a hinderance?

Papa

Link to comment
Share on other sites

Megan,

I'm very sorry your father is so ill.

Is there a doctor of his you can talk to and request they write

a brief letter stating your father is terminal. If yes,

make copies of it and give the VSO a copy.

It wouldn't hurt anything to also see if this doctor would be willing to review some military

information of your father's, such as where and when he was "a mechanic at Walker Air Force Base from 1955-1960 "

and write an opinion as to if they feel this is "as likely as not" where your father's Mesothelioma originated.

Good luck to your family. Keep posting here.

Thanks for all your honest input, I really appreciate the help

He has never smoked a single cigarette (or otherwise) a single day of his life, so that's not his exposure. I know when he sent in the application they had medical records from his surgeons and oncologists at the Mayo Clinic (including biopsy results) included with it, so would they automatically move it to 'the front of the line?' My Dad did hire an attorney that specializes in Mesothelioma (not one of those sharks on TV) and Dad decided just to apply for the compensation granted from bankruptcy trust ...he doesn't wish to file any class action law suits.

Yes, my mother is still alive. Dad wishes to be buried at his church, is there still funeral benefits?

Megan

Link to comment
Share on other sites

  • HadIt.com Elder

Hi-

My Father who served in the Air Force as a mechanic at Walker Air Force Base from 1955-1960 was diagnosed with Mesothelioma in September 2010. After the inital shock we filed a disability claim since he would no longer be able to work or farm (as he did since his time in service). He as undergone all the necessary medical exams, etc. He is under the treatment of the VA and receives Hospice care. The hospice nurse believes from her experience his time is limited to a few weeks at this point.

My question is- is there a way we can expidite his disability claim? His VSO is relatively useless and just tells us to wait, be we are afraid of 'red tape' that may occur if he passes with the claim being granted. Plus, it would be useful in assisting with funeral costs, etc.

Thanks,

Megan

I think it would be a good idea to file a claim seeking service connection for mesothelioma and asbestosis, and support that claim with a signed statement from your father indicating the facts about where he served and when and why this condition is related to his military service. It might also be useful to explain in that statement that he had no other exposure that could have caused this condition. I mention this because after his death your mom will need to file a Death and Indemnity Compensation Claim (DIC) and a copy of this signed statement could be used in support of her claim for DIC.

Link to comment
Share on other sites

You need to send in a statement that your father is TERMINAL and that it is a CANCER CASE. They are flagged as expidited cases. Also waive the Duty to Assist.

Megan,

Sharon pointed out something real good here in regards to "waive the Duty to Assist".

This will cut out some time frames and help hurry it along, very important.

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

"Dad wishes to be buried at his church, is there still funeral benefits? "

The VA in many cases, but not all- pays Burial benefits or burial allowances.

This site has much info on that.

http://www.cem.va.gov/

I believe SSA sends a small amount ( 250? towards expenses)and I believe VA sent me $300 when my husband died.But he had service connected rating and was buried in a National Cemetery at the Bath NY VA and they paid this amount due to that eligibility. A private burial- in would be in the regs on that.

Then 16 years later I was awarded benefits under a service connected death.This was last year so had to send to VA ( they already this it but just in case) his funeral bill.

They paid me I think 1,600 additional at that time because he died of a service connected illness.

It is best to read the link information on these benefits.

If your mother applies for DIC she should make sure all of the 21-534 is filled ot as I believe the application contains one of the burial benefit applications.

My husband was buried in a VA National Cemetery. Private burials are different so the regs will explain.

Even when well over a decade or more passes, the VA will still reimburse on burial/funeral expenses if the survivor proves that the death should be directly service connected.

There is a limit to what they will pay and I think in my case, they deducted the 300 they already paid me and sent me $1600.

The regs above explain how they reimburse and what evidence they need (such as paid funeral bill)

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Megan,

Sharon pointed out something real good here in regards to "waive the Duty to Assist".

This will cut out some time frames and help hurry it along, very important.

What is 'Waive Dute to Assist"? I'm not familiar

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use