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

[Berta]

Philip--The CD is as delicious as nuc nam and Pho !!!!

and I feel it was well worth the cost.(If one likes VAOLA and case law-------it has lots of goodies)

I dont know if there is an advocates discount for the CD and I forgot to give Lexis Nexis my account number so-if any discount- I didn't get one but I must say-I need to spend about a week with this CD. There is plenty to it.

Then again something cropped up today with me regarding a widow's claim that I had to email my NVLSP contact about- something that I dont think would be in the CD or the VBM.The widow's claim might involve filing a CAVC appeal at some point.Long story.A unique case.

Still, I sure LOVE the CD.

John, again you are certainly correct in every point you made here to mymissie.

Mymissie stated:

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

That is all VA needed from me too as well as copy of probate papers and contact info for my daughter(in case I died before the Nehmer award was made)

But her C file ,like mine, must have revealed a past denial for IHD, regarding a claim either she or her husband had filed in the past.

That is the essense of Nehmer....the claimant received a past VA denial for what is now an AO presumptive disability, allowing them a more favorable EED due to that denial, under the Nehmer Court Order.

The link to NVLSP as to the Nehmer cut off date (Sept 25th 1985 I believe) and how these claims are decided is in our AO forum here.

I agree with John that this claim "will be adjudicated with the regulations in effect at the time of death which preceeds nehmer."

Edited February 28, 2012 by Berta

[mymissie]

Berta,

I wrote about my sister who filed for his dead husband (VN Vet)\

Filed in Feb,2012 and got her white envelope and money in the bank this past Friday She got 1 year from the date filed to now- plus $ 1100. for the funeral.

We are now going to get his c-file to see if it shows that she had filed for disability after he, died, so that she would get an eed to his date of death.

She got all the benifits-

Please feel free to move this to another site it it will get more attenton.

Edited July 10, 2012 by mymissie

[Berta]

27 years ago the only way someone could get a 21-534 form ,as far as I know, was via a vet rep as the VA or any VA forms weren't accessible on the internet until maybe 1990 or later.

When the Vietnam Veterans of America was organized I was one of their first associate members and was strongly urged to file a DIC claim due to the death of my prior husband. At that time I had not met or married my Vietnam Vet husband.

The VVA NSO had the forms and filled it out for me.He had no printer so I never got a copy.But he sent it to the VA and they acknowledged it and awarded me a wartime pension but couldn't pay it because my income was too high.I had no idea how to appeal the denial of SC at that time.This was about 30 years ago. I did see this old DIC form years ago in my C file and I recall it seemed a little different then the forms VA uses now.

My point here is that a past claim 27 years ago for DIC surely had been prepared on a 21-534 by a NSO or vet rep as the forms were not available on line.I guess the VA could have sent her one if she requested it but I think it would be a good idea to have her possibly recall having any meeting with a rep or NSO who could have,as in my case, prepared and sent the form to VA for her.

It IS possible that she did file the claim 27 years ago.

However, the entire time I have been at hadit (about 10 years or more?) I was diligently fighting a similiar issue.

My husband filed a Section 1151 claim over 17 years ago. In those days a widow had to re open pending claims of veterans and basically start all over again as if it was a new clam . My CUE claim and some factors of Nehmer were contingent on this claim.

The best part of my Nehmer award in January 2012 was a full acknowledgement that VA had received this claim 17 years ago, by certified mail, from my husband.

I had supplied them with extensive evidence for over a decade that this claim had been filled and pending when he died.

It took a different RO ,the Nehmer VARO, to find this claim in the C file as well as documented proof that the claim had been acknowledged by VA long ago and was still pending when my husband died.

If there is a prior DIC claim in her C file, there will probably be more in the file to support that VA received it.

VA acknowledged claims much faster in those days . Did she move after filing the 534? Did she question VA as to why she never received a denial or any status on the claim in the past 27 years ? Can she prove with any documentation that she received an acknowledgement from VA that they had received the original claim?

Even with my certified mailing receipt, I still had to provide my VARO with extensive evidence that my husband had filed this claim 17 years ago.

It took another VARO to find VA had the claim all along and didnt really even need to consider my evidence.

[mymissie]

Berta,

Just got back from N.O.La.., one long drive.

Got a copy of his c-file.

And guess what was on the very first page? A copy of a claim filed Dec.,31,1984 for DIC and her dependent children - 4 of them . Son is disabled and has been her ward all this time and lives with her,unable to do for himself.

Her husband had been dead 10 months before she filed for the above.

So the way it looks, the (SOB) V.A. does owe her all that back pay as I thought! Plus dependent payment also.

.

Berta, what is your take on this!!!!!!

Can or should this be moved to another site???

Edited July 12, 2012 by mymissie

[Berta]

That is extraordinary News!

Then again a C file, as I sure found out, can contain surprises.

I wonder why the VA didn't mention this older claim in the DIC decision since it was so apparent to you she had filed this claim and it was right in the C file.

And I wonder as well,if this is still perhaps an open claim.

I have no idea if this prior claim would warrant a retro award.If the DIC had been denied at that time,but perhaps a CUE claim is in order.

Not enough info here to even guess...

Many the VA considered the claim as not well grounded at the time and this was before Nehmer so I don't know how that was factored into her DIC decision.

Did the DIC decision mention this claim at all???

"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! "

If I were you and this same service officer handles the same NOLA VARO, I would have your sister contact him to take a good look at the C file and her DIC award letter.

But I also have to assume the above veteran fell under Nehmer and the Nehmer decision warranted her retroactive money.

Thanks for being so proactive for your sister.

It would be wonderful if the VA does owe her more money.

A vet rep, with the C file and the recent DIC decision will be able to assess how to approach all this.