Died Over 2 7 Years Ago

[mymissie]

I just completed a claim for this women-- her husband,a VN vet died in Aug,1984. FROM a heart attack.

When she told me about his death,I asked about what benifits she was recieving. She told me none!

So she should hear something in 3 months- no more the 6 months to recieve one hell of a check.

I'am unable to figure out the backpay! anyone out there know what it should be

Edited February 27, 2012 by mymissie

[jbasser]

That was before Nehmer. All depends if he had submitted a claim before or not. Too many variables to speculate on this one. Does she still have his records?

She could possibly get DIC but I bet the VA will only pay to the date she filed if the veteran didnt have a claim on file.

Berta could provide more insight.

J

[mymissie]

No,She will get DIC- Plus back pay to date of death.

What I am trying to do is the math to see what she can expect.

Should be close to $300,000.00 according to my figures.

[Berta]

Jbasser is right.

The date is before Nehmer and,I agree that there are many variables here and not enough to assure a DIC award.

I assume she never applied for DIC before.

“No,She will get DIC- Plus back pay to date of death.”

That is incorrect.

For successful DIC awards, the formal 21-534 application must be filed within one year after death for the date of date of the veteran to become the EED for DIC retro, aka 'backpay'.

“Earlier Effective Date

Except as otherwise provided, the effective date of an

evaluation and award of pension, compensation or dependency

and indemnity compensation based on an original claim, a

claim reopened after a final disallowance, or a claim for

increase will be the date of receipt of the claim or the date

entitlement arose, whichever is the later. 38 U.S.C.A. §

5110(a); 38 C.F.R. § 3.400. The effective date upon receipt

of new and material evidence after a final disallowance will

be the date of receipt of the new claim or the date

entitlement arose, whichever is later. 38 C.F.R. §

3.400(q)(2).

For claims of a service-connected death after separation from

service, the effective date is the first day of the month in

which the Veteran's death occurred if claim is received

within one year after the date of death; otherwise, date of

receipt of claim. 38 C.F.R. § 3.400 ©(2).”

http://www.va.gov/ve...es1/1010657.txt

Also that is the criteria for accrued benefits too. (except for Nehmer situations but this does not fall under Nehmer)

I had two awards for DIC. One took 3 years and the last one took 7 years.

No survivor can depend on VA doing anything within a few months.

She might receive the VCAA letter within 3-6 months.

The key issue is what was the cause of his death on the Death Certificate and how is it due to his service.

The VA historic rate charts for DIC only go back to 1992.

I recently purchased the Lexis Nexis CD from NVLSP as I needed VA case law and compensation rates back to 1988.

If an advocate doesn't have the VBM by NVLSP, then this CD is so comprehensive on VA case law, that it is a 'must have' for many advocates.

It cost me $245 but maybe amazon.com sells it for lower amount.

I never give any vet or widow any form $$$ estimates on what they can expect even if I am 100% sure of their eventual award.

Because, even then- the VA could deny or lowball them anyhow.

Edited February 28, 2012 by Berta

[mymissie]

Berta,

Because this Vet died from a heart attack and the VA only put it(heart attack) on the list last year, then I though

that they had to pay back toi the date of death???

I know of one woman who got over $109,000. and that is why I assumed that all such cases were the same. Her husband was in V.N---died of a heart attack and the local service officer,whom I know did her paper work and did get her back pay to his date of death in less then 5 months!

All she had was a death certerfite,marage certificte, and a DD214.

[Philip Rogers]

Berta -

You stated: "I recently purchased the Lexis Nexis CD from NVLSP as I needed VA case law and compensation rates back to 1988.

If an advocate doesn't have the VBM by NVLSP, then this CD is so comprehensive on VA case law, that it is a 'must have' for many advocates.

It cost me $245 but maybe amazon.com sells it for lower amount."

I've been considering making the purchase myself. Do you feel it is worth the money???

Thanks!

pr

[jbasser]

What I see here is this Veteran died way before Beverly Nehmer's suit was won.

This widows claim will be adjudicated with the regulations in effect at the time of death which preceeds nehmer.

There are many different types of heart attack that are not caused by ischemia. Elaboration on a certificate or medical record or a diagnosis of ischemia or coronary artery disease will be needed to succeed.

J