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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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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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jhman

Death Before Decision On Claim

Question

Hello, my father had an Agent Orange claim in the works but recently died before decision of believed complication from this. My question is this, If decided will any compensation go to children or would it go to the authority on a will such as the executor to decide or how will this be done. Thanks if anyone knows?

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4 answers to this question

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TBr gave good link but- is this a Nehmer claim?

(in other words did the VA put the pending claim under Nehmer during his lifetime?)

"my father had an Agent Orange claim in the works but recently died before decision of believed complication from this."

Since there had been no decision yet , did he have a spouse who can substitute herself as the claimant? Without a decision yet, the claim will have to be pursued by his surviving spouse or next of kin.

I assume he was an incountry Vietnam veteran and claimed one of the presumptives due to AO?

"believed complication from this"--- that info could be critical if there is a surviving spouse for DIC purposes.

Do you have copy of the death certificate yet?

Was an autopsy done? DO you have copy of that?

There is a 126 page Nehmer Training guide here that has all the info as to how AO claims are paid when the vet dies before award.

I can give you the exact part of it for the info you need-but we need more info as I cant tell if this claim would fall under the Nehmer Class action or not.

For example I am Nehmer widow.

I had to give the VA info as to my will and beneficiaries because if I die before the retro is paid to me, they have to, under Nehmer, pay it in an order of succession either to my estate or directly to my beneficiaries (which is the way my lawyer set my legal stuff up.)

What did the last letter from VA say about this claim?

Nehmer vets and widows are those who had previous past denials that were due to what is now one or more of the 3 new AO presumptives and they have reopened those claims under the new regs.

After many months from filing they receive a Nehmer letter advising them of inclusion into Nehmer with potential retro.

The letter does not say their AO claim is guaranteed to succeed but, in my experience, once they get a Nehmer letter there is bound to be retro involved.

With more info- we can help more here.

What disability did he claim and what was the cause of death per the death certificate?

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My condolences.

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