Big Case On Retro Additional Comp For Dependents

[deltaj]

Wow, This is an amazing case on retroactive Additional Compensation for Dependents that I found because of a post by Jim Strickland. The case is on the website of the U.S. Court of Appeals for Veterans Claims. Unless this case is successfully appealed by the Secretary, V.A. may owe a lot of veterans additional compensation for dependents retroactively back to the date of a veterans award of 30% or higher. It appears that the U.S. Court of Veterans Appeals determined that V.A. has been intrepreting the phrase establishment of a disability rating in 38 USC 5110 (f) contrary to 38 USC 1115. It also appears that the court determined that 38 CFR 3.401 (b) (3) is not pertinent in this case. This case appears to overturn the requirement that a veteran must submit proof of dependents within one year of an award in order to receive retroactive additional compensation for dependents. It looks like this has application in cases where there is an earlier effective date of an increase in disability. It looks like the government is trying to bury this case by typing whole sections of the case with the words jammed together with no spaces. (There was only one spot in this decision where the phrase additional compensation for dependents was not jammed together without spaces and it was way down deep in the document.) If you want to find this case online at the U.S. Court of Veterans Appeals type in the case number 07-2481 in a search of cases on that website. That's how I found the case online. I would also recommend that anyone reading this case copy it on to their computer because it may disappear online. Could someone please put up a link for this case?

[Guest]

I hope this is what you are looking for:

http://veteranclaimr...d-benefits.html

[broncovet]

Thanks, Pete and Delta! This is "news I can Use".

I actually received a call from the VARO in Cleveland on this very issue. They said that they require the VEteran

send in dependents information A SECOND TIME because many Vets get divorced, etc..., so they denied me an eed for dependents benefits, because I did not resubmit it a second time.

I had no idea that I had to submit dependents information twice. Their theory was, that since it takes so long (for Cleveland) to award claims, many times the Veteran is divorced in the interim.

IN Cleveland, they AUTOMATICALLY rate you as single, even if you reported you were married with kids...then you have to "correct" it by sending your dependents info again.

This is one reason Cleveland compensates its Veterans one of the lowest in the nation.

Im not making it up. :

http://blog.cleveland.com/openers/2008/04/tracey_boulian_hank_vasil_of.html

[Reddit]

I think you are right about the dependents parts, because when I got rated for 30 percent or hogher I had to resubmit my dependents information, before I could be paid for them. But on the other had my cousin got a retro pay of 50 thousand, she had gotten paid for her husband and then she submit her paper work to tell them that she was divorce and they paid her for him also, they had to take him off of future checks, from the date of divorce.

AND far as Cleveland goes, I am part of the Atlanta, region and they were so back up that they had to use cleveland to help with claims. and they did a great job.

[deltaj]

Thanks, Pete and Delta! This is "news I can Use".

I actually received a call from the VARO in Cleveland on this very issue. They said that they require the VEteran

send in dependents information A SECOND TIME because many Vets get divorced, etc..., so they denied me an eed for dependents benefits, because I did not resubmit it a second time.

I had no idea that I had to submit dependents information twice. Their theory was, that since it takes so long (for Cleveland) to award claims, many times the Veteran is divorced in the interim.

IN Cleveland, they AUTOMATICALLY rate you as single, even if you reported you were married with kids...then you have to "correct" it by sending your dependents info again.

This is one reason Cleveland compensates its Veterans one of the lowest in the nation.

Im not making it up. :

http://blog.cleveland.com/openers/2008/04/tracey_boulian_hank_vasil_of.html

It sounds like VARO VARO used 38 USC 5110 (f) in their decision to fail to grant additional compensation for dependents after your second award. Cleveland VARO sounds creepy and they are acting contrary to the law. V.A. rated my dad in Bakersfield, California as single when he was awarded service connected compensation in 2004. My dad died less than three weeks after his 100% award for service-connected hearing loss from World War II. His claim for compensation listed my mother as his wife. His records had burned in the fire at the National Personnel Records Center and V.A. accepted his written statement that he was offered hearing aids at the time of his discharge from the Army because he had attached a copy of his DD214 showing service in the infantry in combat in Italy, Belgium, and North Africa to his statement in support of claim. The DD214 showed he had two bronze stars.) My mom got his service connected compensation for his month but never got paid an accrued benefit claim for additional compensation for dependents retroactive back to the date of his claim. She also later got a state benefit, a property tax exemption as the widow of a totally disabled veteran. My mom has been unwilling to appeal to the Kern County assessor the fact that she is only receiving a property tax exemption on one of the two lots in California her mobilehome is on even though state law states the property tax exemption is supposed to be granted for both lots, the land the home is on.

Edited March 4, 2011 by deltaj

[deltaj]

I hope this is what you are looking for:

http://veteranclaimr...d-benefits.html

Pete, This was the case I was referring to. Thank you for using your skills to post this document to benefit veterans and their families. I still don't know how to post a case but I can always count on people like you here at hadit to help me post cases and information.

[broncovet]

Well, Delta, believe me you add a lot of skills here at hadit...well appreciated skills, I might add. I am "going after" my dependents eed benefits, altho I had already appealed, now I have precedence to cite.

I am "virtually certain" that I will eventually get dependents retro, in no small thanks to your post!

I do not think this cited case applies JUST to DIC/accrued benefits, but to any Veteran denied dependents benefits. But that is JMHO.

However, if you need help citing a case/link, I can probably help. Here is how I do it, though there are other ways:

1. Go to the web page you wish to cite, in another window (open up your browser a second time).

2. Click in the address page of the desired link you want to post.

3. Press down and hold "CTRL and C" at the same time, after the link is "highlighted" in the address bar.

4. Navigate back to hadit to the post you want to cite. Click the left mouse to get ther curser. Then hit "Ctrl" and "V"

at the same time.

These are the basic instructions for cut and paste...you cut and paste the actual website into your post at hadit.

To reiterate, you First Highlight what you want to cut and paste. Next you "copy it" to an area inside your computer

that you cant see with "Ctrl and C". Then you move to the area of which you want to paste it, clicking, then pasting with "Ctrl V".

In summary, Microsoft says to use cut and paste you First have to tell it what stuff you want to cut and paste by highlighting it. Then you copy it. Then you have to tell the computer WHERE you want it pasted by pointing your cursor, and finally paste it. Hope this helps you..you sure helped me.