Reps Benefits

[Maureenjls]

Am I understanding correctly, that in order for a widow to receive REPS benefits a diagnosis of IHD would have to become apparent before 1981. I am very confused reading the explanation. Please advise.

[Berta]

Maureen I am glad you have asked these questions because the information can hopefully help you and others.

Also REPS is available to certain children of veterans- but I have no personal experience on that and need to post those regs here when I get some time.

It concerns me that most of the BVA appeals seem to regard REPS student claims and not survivor's claims.

I hope she appealed this decision to the CAVC!

If she had gotten a medical opinion to rebutt the VA's opinion there is good chance she could have succeeded on this claim.

This decision in my opinion is incorrect.

However it shows how the VA will manipulate medical evidence. In this case the y used the veteran's smoking habits as a way to deny the claim.

Every Vietnam vet I know except for maybe 2 or 3 as had a history of smoking since getting the cigs in their rations in Vietnam.

In this case I see that the widow appealed a prior REPS denial and the Court awarded her REPS.

The BVA case involves a different matter but shows how this widow fought back.

http://www.va.gov/vetapp97/files4/9736994.txt

She had to appeal all the way to a Federal Circuit court! For a proper REPS award ~ Just shows how inept the VA is regarding some REPS claims.

This next decision required citing of a General Counsel Opinion:

“7. A General Counsel opinion issued on March 25, 1992,

concluded that the veteran who died of service-connected non-

Hodgkin’s lymphoma in 1990 may be considered a former member

of the Armed Forces who died from a service-connected

disability incurred prior to August 13, 1981, for purposes of

determining eligibility for REPS benefits.”

Clearly this widow was eligible for REPS at the RO level but had to appeal to the BVA for proper award.

REPS is also available to dependent children in some cases.

“The appellant contends that the RO was incorrect in denying

retroactive payment of REPS benefits for certain periods of

time prior to March 1992. He asserts that the RO's denial

of benefits was based on an unlawful regulation, which has

been overturned. He notes that he received Dependency and

Indemnity Compensation until turning age 18 on January 2,

1987, and is seeking benefits from the date he entered full-

time post-secondary school. He maintains that the RO knew

of his entitlement to REPS benefits, but failed to inform

him. “

Of course they DIDNT tell him. That is one way they save money.

He fought back:

http://www.va.gov/vetapp95/files4/9515238.TXT

“ORDER

The appellant is entitled to retroactive payment of REPS

from the first date he became eligible for the same. The

benefit sought on appeal is allowed.”

In this next case those dopes at the RO said the REPS claim application was “not timely” and denied.

The claimant fought back:

“ORDER

The appellant filed a timely application for REPS benefits.

REMAND

In view of the Board's finding that the appellant's

application for REPS benefits was timely filed and that he is

eligible for those benefits under 38 C.F.R. § 3.812(a)(1), it

is necessary to determine his eligibility for benefits under

§ 3.812(a)(2). The Board cannot decide this question in the

first instance. “

http://www.va.gov/vetapp98/files3/9824971.txt

There Is no Time limit on REPS applications!

I will try to find out if the CAVC has had any more REPS cases-they did have the Fed Circuit case I referred to above.

Edited October 11, 2011 by Berta

[Berta]

Maureen I am glad you have asked these questions because the information can hopefully help you and others.

Also REPS is available to certain children of veterans- but I have no personal experience on that and need to post those regs here when I get some time.

It concerns me that most of the BVA appeals seem to regard REPS student claims and not survivor's claims.

I hope she appealed this decision to the CAVC!

If she had gotten a medical opinion to rebutt the VA's opinion there is good chance she could have succeeded on this claim.

This decision in my opinion is incorrect.

However it shows how the VA will manipulate medical evidence. In this case the y used the veteran's smoking habits as a way to deny the claim.

Every Vietnam vet I know except for maybe 2 or 3 as had a history of smoking since getting the cigs in their rations in Vietnam.

In this case I see that the widow appealed a prior REPS denial and the Court awarded her REPS.

The BVA case involves a different matter but shows how this widow fought back.

http://www.va.gov/vetapp97/files4/9736994.txt

She had to appeal all the way to a Federal Circuit court! For a proper REPS award ~ Just shows how inept the VA is regarding some REPS claims.

This next decision required citing of a General Counsel Opinion:

“7. A General Counsel opinion issued on March 25, 1992,

concluded that the veteran who died of service-connected non-

Hodgkin’s lymphoma in 1990 may be considered a former member

of the Armed Forces who died from a service-connected

disability incurred prior to August 13, 1981, for purposes of

determining eligibility for REPS benefits.”

Clearly this widow was eligible for REPS at the RO level but had to appeal to the BVA for proper award.

REPS is also available to dependent children in some cases.

“The appellant contends that the RO was incorrect in denying

retroactive payment of REPS benefits for certain periods of

time prior to March 1992. He asserts that the RO's denial

of benefits was based on an unlawful regulation, which has

been overturned. He notes that he received Dependency and

Indemnity Compensation until turning age 18 on January 2,

1987, and is seeking benefits from the date he entered full-

time post-secondary school. He maintains that the RO knew

of his entitlement to REPS benefits, but failed to inform

him. “

Of course they DID!

http://www.va.gov/vetapp95/files4/9515238.TXT

“ORDER

The appellant is entitled to retroactive payment of REPS

from the first date he became eligible for the same. The

benefit sought on appeal is allowed.”

In this case those dopes at the RO said the REPS claim was “not timely” and denied.

The claimant fought back:

“ORDER

The appellant filed a timely application for REPS benefits.

REMAND

In view of the Board's finding that the appellant's

application for REPS benefits was timely filed and that he is

eligible for those benefits under 38 C.F.R. § 3.812(a)(1), it

is necessary to determine his eligibility for benefits under

§ 3.812(a)(2). The Board cannot decide this question in the

first instance. “

http://www.va.gov/vetapp98/files3/9824971.txt

There Is no Time limit on REPS applications!

I will try to find out if the CAVC has had any more REPS cases-they did have the Fed Circuit case I referred to above.

Your REPS case sounds just like mine.

It took almost 7 years for the VA to award direct SC death due to herbicide exposure.

The exposure happened in Vietnam.

The VA found no other etiology but for AO exposure in 1965-66 that caused my husband's demise (also in light of the fact I had proven malpracticed cause of death as well).

Thus I was eligible for and received the REPS benefit.

"My Nehmer claim is at the rating board since Jan 18, 2011"

Have you received the offical Nehmer letter and also have you contacted NVLSP? Have they contacted you?

Sorry if I already asked that.I forget what you said if you answered.

Edited October 11, 2011 by Berta

[Maureenjls]

Berta -

Thank you so much, I really appreciate your knowledge. This was driving me crazy .

Yes I did receive my Nehmer letter from the VA.

And yes, NVLSP did contact me.....and Yes I did file a REPS claim.

I am just waiting patiently for the award letter.

Thanks again, I will be sure to let you know the outcome.

Maureen