Veterans With Dependants Are Getting Shafted When They Reive Th Eir Awards

[jbasser]

After many many years of monitoring this site and having my own claim approved, It a appears the VA is playing a game of lets hide the dependent pay.

The proof is in the pudding.

A Veteran fills out a 21 -526 for his initial claim to be submitted. On that form is the dependent and bank account questions. The names and proof is already submitted to the VA.

When the claim is awarded, the VA often says we are paying you as a single veteran with no dependants. Then we have to jump through hoops with more paperwork to submit causing months in delays.

This practice is bullshit.

It is about time someone got it straightened out.

Basser

[broncovet]

Delta....

I do agree with your "practical advice" to do a good job on the NOD but I do think if you "forgot" to include an issue in your NOD, you will get other chances to identify that issue as long as that comes within the appeal review periods. I certainly do not recommend leaving off issues when you file your NOD, but if you have done so, and it is less than a year from your decision, by all means I recommend filing another NOD and identify the issues you forgot, that is, "clarifying" your NOD.

I do not think it is fully accurate to say that you only get one NOD. I do agree that you need to do a good job with your NOD, but lets say you got a decision with issues A, B, and C. You file a NOD with issue A and B and do not address issue C.

You have another chance to identify and dispute issue C when you "perfect your appeal" with a timely filing of the I 9, or by filing a subsequent timely filed NOD "clarifying" the issues. You see, the Va is required to ask the Veteran to "clarify" the issues if his NOD is unclear and the judges are required to adjuticate based on the entire record, and not merely a single document, such as a NOD.

I think the BVA is required to adjuticate all the issues reasonably raised by the record, and the VA is required to "liberally interpret" the Veterans filings. I know of no regulation that requires NOD's to be complete in a single document.

To support my point, my national VSO (gee, I know that may not be very good evidence...VSO opinions plus 8 bucks should get you a cup of coffee in most places) recommends "simple" NOD's: I disagree with issue one, the disability percentage for arthritis, and issue 2, the effective date. In other words, the VSO deliberately sets up a "2 step NOD" where you dispute the decision in one envelope, and provide supporting statements and evidence in another envelope at another time.

[John M]

I'm very greatful I found this web site, I believe the VA has made the same mistake with my pay they paid me for my children however not for my wife. I don't know if I will ever get what I'm oued it's 20 years worth!

I've contacted the State Veterans Service Bureau and sent up an appointment after signing the release of information form the service rep. said they have to pay me what I'm oued regardless of how long ago. He said they knew you were married they paid you for your children.

[carlie]

I'm very greatful I found this web site, I believe the VA has made the same mistake with my pay they paid me for my children however not for my wife. I don't know if I will ever get what I'm oued it's 20 years worth!

I've contacted the State Veterans Service Bureau and sent up an appointment after signing the release of information form the service rep. said they have to pay me what I'm oued regardless of how long ago.

He said they knew you were married they paid you for your children.

With the limited info posted, there is no way to know if you should have been in receipt

of additional dependent compensation for your "wife" during the past "20 years".

Perhaps the "service rep." knows more from your c-file than what is posted here

BUT

FWIW - receiving additional dependent compensation for your children - does not automatically

meet the criteria to receive additional dependent compensation for your "wife".

Do you have evidence that shows where you submitted a signed and completed 21-686c form

and all of the documentation requested on the form - to a VARO, in regards to additional

dependent compensation for your wife.

Apparently your VARO received one for your children - I would check to be sure my spouse

was included on that one.

In the past you more likely than not received a decision from your VARO in regards to dependent compensation,

I would look for that and read it over several times.

JMHO