Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • 0
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?

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

Ad

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?

Share this post


Link to post
Share on other sites

My condolences.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Popular Contributors

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Military Service Records - Military personnel records can include DD 214s/Separation Documents, service personnel records found within the Official Military Personnel File (OMPF), and medical Records. Military personnel records can be used for proving military service or as a valuable tool in genealogical research.
      • 0 replies
    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 6 replies
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
×

Important Information

{terms] and Guidelines