Dic Benefits Need Some Help

[bobbyq]

I currently have a lot of personal issues ongoing and cannot get my head on straight. Can one of you help me? I have a vet who died of liver failure nicotinism, alcoholism, and cancer of the esophagus. No service connection was ever filed UNTIL after he died which the VARO then said death it was not service connected. Widow is on pension and overpaid because of Social Security, so I guess what I need to do is file for ???? to get him service connected. He is a Vietnam era vet, has the Combat Action Ribbon, USMC, and did his three years and got out died at age 40 from the illness mentioned. I currently have a DIC in but VARO said she had been denied before. Any how I am all screwed up where to go or what to do. Any help would be appreciated.

[Berta]

I think you should read these 2 2010 BVA decisions over carefully.

http://www.va.gov/vetapp10/files3/1020880.txt

(waiver granted for overpayment of death pension to widow)

http://www.va.gov/vetapp10/Files6/1045752.txt

“ORDER

A waiver of the collection of an overpayment in the amount of

$65,411.00, for the period of October 1, 1993, through July 31,

2007, is denied.”

Overpayments such as in the situation this widow is in are very serious matters requiring immediate attention.

I cannot tell from the info here when the VA contacted her as to the overpayment and whether she filed a waiver in time. Even if a waiver was filed on time- there are other considerations- as these decisions reveal- as to what the VA will do next.

This doesn't seem to add up right to me-

if I assume the vet served right at the end of the Vietnam War in say 1975 and was discharged at 20 years of age- then =if he died at 40 years of age-was the DIC first filed and then denied in late 1990s or early 2000?

If she gets a widow's SSA benefit that might have started in the last few years and does not generate a large overpayment of pension. .... Maybe this could be waived but I cannot tell if the time for waiver has passed.

The case above which was denied (and the widow had a lawyer and a BVA hearing)states in part:

“The Board's conclusion that the appellant willfully failed to

disclose material facts to VA is further bolstered by the fact

that multiple letters to the appellant from VA (dated October

1993, January 1994, January 1997 and April 2000) make clear that

VA counted income based on the information supplied by her on the

EVRs. Specifically, the October 1993 letter, sent shortly after

her initial death pension claim was received, indicated that VA

was looking closely at her entire income (SSA and wages) to

determine eligibility for death pension benefits. Additionally,

the January 1994 letter indicates that VA counted a total of only

$840.00 annual income from Social Security payments from August

27, 1993. Likewise, the January 1997 letter conveys that VA

counted a total of only $900.00 yearly income from SSA based on

her reporting from February 1, 1996, and counted only $924.00

annual income from December 1, 1996. In a similar vein, the

April 2000 letter indicates that VA tallied only $924.00 annual

income from SSA from February 1, 1999 and only $960.00 annual

income from December 1, 1999. All three letters expressly

cautioned the appellant that VA "must adjust your payments

whenever [your] income changes," and that "[y]ou must . . .

report any changes in . . . income" to avoid the creation of an

overpayment. Given the unambiguous nature of these

communications from VA, the Board does not find credible an

assertion that the appellant did not know that she had to report

her total SSA income.”

Bobbyq -You deal with a lot as it is

and you stated:

"I currently have a lot of personal issues ongoing and cannot get my head on straight"

I feel the best thing you can do for this widow and for yourself is to get her an appointment with a vet rep to assess exactly what her situation is with the VA and see if anything can be done about that overpayment.I also feel that the overpayment issue must be resolved before VA will even begin to handle her re -opened DIC claim-which she will need new and material evidence for that-which the VA did not have or consider in the last denial.

In my opinion it will take a strong independent medical opinion but I cannot even quess what that approach would be.

[Commander Bob]

I think you should read these 2 2010 BVA decisions over carefully.

http://www.va.gov/vetapp10/files3/1020880.txt

(waiver granted for overpayment of death pension to widow)

http://www.va.gov/vetapp10/Files6/1045752.txt

“ORDER

A waiver of the collection of an overpayment in the amount of

$65,411.00, for the period of October 1, 1993, through July 31,

2007, is denied.”

Overpayments such as in the situation this widow is in are very serious matters requiring immediate attention.

I cannot tell from the info here when the VA contacted her as to the overpayment and whether she filed a waiver in time. Even if a waiver was filed on time- there are other considerations- as these decisions reveal- as to what the VA will do next.

This doesn't seem to add up right to me-

if I assume the vet served right at the end of the Vietnam War in say 1975 and was discharged at 20 years of age- then =if he died at 40 years of age-was the DIC first filed and then denied in late 1990s or early 2000?

If she gets a widow's SSA benefit that might have started in the last few years and does not generate a large overpayment of pension. .... Maybe this could be waived but I cannot tell if the time for waiver has passed.

The case above which was denied (and the widow had a lawyer and a BVA hearing)states in part:

“The Board's conclusion that the appellant willfully failed to

disclose material facts to VA is further bolstered by the fact

that multiple letters to the appellant from VA (dated October

1993, January 1994, January 1997 and April 2000) make clear that

VA counted income based on the information supplied by her on the

EVRs. Specifically, the October 1993 letter, sent shortly after

her initial death pension claim was received, indicated that VA

was looking closely at her entire income (SSA and wages) to

determine eligibility for death pension benefits. Additionally,

the January 1994 letter indicates that VA counted a total of only

$840.00 annual income from Social Security payments from August

27, 1993. Likewise, the January 1997 letter conveys that VA

counted a total of only $900.00 yearly income from SSA based on

her reporting from February 1, 1996, and counted only $924.00

annual income from December 1, 1996. In a similar vein, the

April 2000 letter indicates that VA tallied only $924.00 annual

income from SSA from February 1, 1999 and only $960.00 annual

income from December 1, 1999. All three letters expressly

cautioned the appellant that VA "must adjust your payments

whenever [your] income changes," and that "[y]ou must . . .

report any changes in . . . income" to avoid the creation of an

overpayment. Given the unambiguous nature of these

communications from VA, the Board does not find credible an

assertion that the appellant did not know that she had to report

her total SSA income.”

Bobbyq -You deal with a lot as it is

and you stated:

"I currently have a lot of personal issues ongoing and cannot get my head on straight"

I feel the best thing you can do for this widow and for yourself is to get her an appointment with a vet rep to assess exactly what her situation is with the VA and see if anything can be done about that overpayment.I also feel that the overpayment issue must be resolved before VA will even begin to handle her re -opened DIC claim-which she will need new and material evidence for that-which the VA did not have or consider in the last denial.

In my opinion it will take a strong independent medical opinion but I cannot even quess what that approach would be.

bump

[bobbyq]

Berta, this is the decision that came from the VA back in December 1996. What do you make of it? my email is bobbyq-ree66@msn.com if you can go direct to me. Thanks

I am a service officer for the MCL

I think you should read these 2 2010 BVA decisions over carefully.

http://www.va.gov/ve...es3/1020880.txt

(waiver granted for overpayment of death pension to widow)

http://www.va.gov/ve...es6/1045752.txt

"ORDER

A waiver of the collection of an overpayment in the amount of

$65,411.00, for the period of October 1, 1993, through July 31,

2007, is denied."

Overpayments such as in the situation this widow is in are very serious matters requiring immediate attention.

I cannot tell from the info here when the VA contacted her as to the overpayment and whether she filed a waiver in time. Even if a waiver was filed on time- there are other considerations- as these decisions reveal- as to what the VA will do next.

This doesn't seem to add up right to me-

if I assume the vet served right at the end of the Vietnam War in say 1975 and was discharged at 20 years of age- then =if he died at 40 years of age-was the DIC first filed and then denied in late 1990s or early 2000?

If she gets a widow's SSA benefit that might have started in the last few years and does not generate a large overpayment of pension. .... Maybe this could be waived but I cannot tell if the time for waiver has passed.

The case above which was denied (and the widow had a lawyer and a BVA hearing)states in part:

"The Board's conclusion that the appellant willfully failed to

disclose material facts to VA is further bolstered by the fact

that multiple letters to the appellant from VA (dated October

1993, January 1994, January 1997 and April 2000) make clear that

VA counted income based on the information supplied by her on the

EVRs. Specifically, the October 1993 letter, sent shortly after

her initial death pension claim was received, indicated that VA

was looking closely at her entire income (SSA and wages) to

determine eligibility for death pension benefits. Additionally,

the January 1994 letter indicates that VA counted a total of only

$840.00 annual income from Social Security payments from August

27, 1993. Likewise, the January 1997 letter conveys that VA

counted a total of only $900.00 yearly income from SSA based on

her reporting from February 1, 1996, and counted only $924.00

annual income from December 1, 1996. In a similar vein, the

April 2000 letter indicates that VA tallied only $924.00 annual

income from SSA from February 1, 1999 and only $960.00 annual

income from December 1, 1999. All three letters expressly

cautioned the appellant that VA "must adjust your payments

whenever [your] income changes," and that "[y]ou must . . .

report any changes in . . . income" to avoid the creation of an

overpayment. Given the unambiguous nature of these

communications from VA, the Board does not find credible an

assertion that the appellant did not know that she had to report

her total SSA income."

Bobbyq -You deal with a lot as it is

and you stated:

"I currently have a lot of personal issues ongoing and cannot get my head on straight"

I feel the best thing you can do for this widow and for yourself is to get her an appointment with a vet rep to assess exactly what her situation is with the VA and see if anything can be done about that overpayment.I also feel that the overpayment issue must be resolved before VA will even begin to handle her re -opened DIC claim-which she will need new and material evidence for that-which the VA did not have or consider in the last denial.

In my opinion it will take a strong independent medical opinion but I cannot even quess what that approach would be.

MOISES MA.txt

[Berta]

That decision is 15 years past the appellate period.

She will need new and material evidence (which I assume only can be a strong IMO) to formally re-open her DIC claim.

The overpayment scenario in my opinion is more critical at this point to resolve.

I dont do emails on claims.

Did you get your service officer training from NVLSP? If so the VBM can help you with this claim.

[bobbyq]

That decision is 15 years past the appellate period.

She will need new and material evidence (which I assume only can be a strong IMO) to formally re-open her DIC claim.

The overpayment scenario in my opinion is more critical at this point to resolve.

I dont do emails on claims.

Did you get your service officer training from NVLSP? If so the VBM can help you with this claim.

Yep and I just got off the phone with the NEW VSO boss from the Marine Corps League and things might be looking up for us now. Thanks for all your help and I will see what I can do about the OP. Q

[Commander Bob]

Yep and I just got off the phone with the NEW VSO boss from the Marine Corps League and things might be looking up for us now. Thanks for all your help and I will see what I can do about the OP. Q

Thank you for your service to our fellow vets and their widows, 'bobbyq'.

Best wishes for a successful outcome.

C.B.