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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
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      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

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Philip Rogers

Lost A Good Friend On His 64Th B'day

Question

Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts.

I need to help his wife and need to verify what I need to do.

1.) Apply for his final check.

2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.

3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage.

4.) Apply for his VA life ins benefit.

5.) Apply for DIC.

6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???

7.) Request a complete copy of his c-file and medical records.

8.) Anything I forgot???

Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time.

pr

Edited by Philip Rogers

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Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts.

I need to help his wife and need to verify what I need to do.

1.) Apply for his final check.

2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.

3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage.

4.) Apply for his VA life ins benefit.

5.) Apply for DIC.

6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???

7.) Request a complete copy of his c-file and medical records.

8.) Anything I forgot???

Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time.

pr

So sorry to hear this news. It's never easy to lose a friend. It's good to read that your friend's wife is doing OK and will most likely be eligible for DIC. I'm sure your help will mean so much to her and the entire family. I can only hope that somebody will help my wife in such a situation. Thanks for the reminder about having a will, we all need to put those things in order for our family.

I read about death benefits somewhere recently but can't find them now. I know they weren't much. The only thing I can add to your list is to check into any State death benefits that may be available.

Edited by chr49

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pr wrote: 6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???

PR,

My condolences to you and your friend's wife. Thank you for helping her.

I think you are right about the $2300.00. According to Chapter 7 of verteran benefits:

Reimbursement of Burial Expenses: VA will pay a burial allowance up to $2,000 if the Veteran’s death is service-connected. In such cases, the person who bore the Veteran’s burial expenses may claim reimbursement from VA.

Burial Allowance: VA will pay a $300 burial and funeral allowance for Veterans who, at time of death, were entitled to receive pension or compensation or would have been entitled if they were not receiving military retirement pay. Eligibility also may be established when death occurs in a VA facility, a VA-contracted nursing home or a State Veterans nursing home. In cases in which the Veteran’s death was not service-connected, claims must be filed within two years after burial or cremation.

Plot Allowance: VA will pay a $300 plot allowance when a Veteran is buried in a cemetery not under U.S. government jurisdiction if: the Veteran was discharged from active duty because of disability incurred or aggravated in the line of duty; the Veteran was receiving compensation or pension or would have been if the Veteran was not receiving military retired pay; or the Veteran died in a VA facility.

The $300 plot allowance may be paid to the state for the cost of a plot or interment in a state-owned cemetery reserved solely for Veteran burials if the Veteran is buried without charge. Burial expenses paid by the deceased’s employer or a state agency will not be reimbursed.

I am not familiar with applying for the final check. I do know that the bank returned both of my Dad's checks (Social Security and VA). My Mom told them that they were right about Social Security, but not the VA. The bank employee said that they returned both. If I remember right, it was a year before the VA finally returned the check. Now this may be normal, but the way we understood Social Security pays for the month ahead and the VA does not.

Susan

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I believe she will need this form for the last check of the deceased:

http://www.vba.va.gov/pubs/forms/21-6898.pdf

I am not familiar with this form but see nothing else at the VA web site to cover last check of the deceased.

"VA will pay a burial allowance up to $2,000 if the Veteran’s death is service-connected. In such cases, the person who bore the Veteran’s burial expenses may claim reimbursement from VA."

I had to send them copy of the paid funeral bill.

If he was 100% SC P & T for ten continuous years, the VA should award her DIC will no problem (but it will take time)

This is the form she will need if applying for any accrued benefits , DIC and/or VA death Pension:

http://www.vba.va.gov/pubs/forms/VBA-21-534-ARE.pdf

“Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.”

Nehmer applies only to any past denied IHD claim.

She will have to substitute herself as the claimant and that form is here:

http://www.vba.va.gov/pubs/forms/VBA-21-0847-ARE.pdf

As I recall my DIC form had a part for last burial/funeral expenses.

That part should be still covered on the DIC forms.

The Life Insurance question might be answered here:

http://www.insurance.va.gov/sgliSite/default.htm

If not the policy itself might have a contact number.

http://www.va.gov/SURVIVORS/FAQs.asp -there might be more info here that she needs.

You are so right in what you said in a past post:

"Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want."

I have been working on my Death file recently making it as easy as possible for my daughter to handle.

Now is the time to tell families if you want to be an organ donor.

A will and a Health Care proxy doesn't cost much for a lawyer to prepare.

Is his IHD award was under Nehmer (from what I see here it wasn't but I really cannot tell)-

and she pursues a higher IHD rating , she should let the VA know of her legal standing as Administrator or Executor of his estate.

"Two days after he died the VA awarded him 10% for IHD, back to 5/2010"

AT some point if VA needs that info they will ask her for it.

If he died Intestate,(without a will) your state laws will advise on whether she has to formally become administrator of his estate.The Surrogate's office in her county of residence would have info on this as they handle the applications and send the administration letters out.

I had to become administrator when my husband died.It was not too involved and I put the legal papers away almost 16 years ago only to find that the VA needed them for my Nehmer claim and I had to re open the Letters of Administration again.

Death is overwhelming -as it is- to survivors.

They find they suddenly have a lot of paperwork to do and they don't want to deal with anything but their grief.

Death also costs MONEY!

Survivors should have some access right away to some cash and good planning now -such as joint ownership accounts etc can make that go smoothly.

Joint ownership does not necessarily come with 2 names on a checking account.

Most Life Insurance policies pay within 10 days to 2 weeks and in some states, the funeral bills can be paid prior to any estate or administrative account is opened through a direct draw from the decedent's accounts even if the bank policy is to freeze those accounts upon death.

I hope she has a reasonably fast experience with the VA on the DIC because as you said he was 100% P & T SC for ten continous years prior to death.

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Guest terrysturgis

Phillip, looks like Berta has you covered on the process. I just wanted to Thank You for helping!

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
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      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

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