Hello From Socal...

[SSGunnyG]

Hello community! I am from SoCal and have been lurking on this site for a few months. I'm active duty Marine Corps (22 years) set to retire this August. Started my claims process, and have found a bunch of info here. Also, I received a letter from the VA about potential retro benefits due to my father from AO exposure. Kinda weird that I'm dealing with the VA for these two things at the same time. My father died in 1999 from lung cancer, and I have no idea what kind of claim (if he had one) the VA is looking at.

Well, I plan to keep reading and understanding. Hope to hear from some of you soon.

Aaron

[SSGunnyG]

Sorry I've taken this off in the wrong direction from an introduction!!! Thank you all for the welcome aboard.

[Berta]

On page 12 of 167 of the Training guide here”

http://www.nvlsp.org...ing%20Guide.pdf

it appears to me that you and your sister might be due retro DIC and/or accrued benefits.

I helped a few adult children beneficiaries in a similar Nehmer situation but they also had to formally apply for DIC.

I also spoke to Rick Spataro about that (he is the Top NVLSP lawyer for Nehmer at NVLSP and said the training guide didnt make that clear so he suggested in the cases I mentioned that those adult child file the 21-534 form right away. They did and got the retro DIC.

In your case, the DIC status is still a mystery and often DIC widows don't tell anyone they get DIC from the VA. I have been widowed of vets twice and I understand why they dont always share that info.

If she did apply for or receive DIC that might be found under a C file under her name and not the veteran's name.

In other words my husband's C file number has an X before the C and is in my name now, as XC xxx xx xxx.

This became problematic at first for the Nehmer people because they looked into his C file which only contains his USMC and USN SMRs ,His DD 214 and his death certificate.

I had to firmlyly remind them that, as a claimant myself as his widow for 17 years ALL of the VA ola needed for my claims is in MY C file and not his.

Also I talked to Rick about the accrued statement in the Training Guide because it seems a little misleading.

If accrued benefits were due your father, and the widow didn't get them in her lifetime, you don't need to apply for them in order for VA to award them.

“Other than that, maybe my sister could get some retro education benefits (she was in college when my dad died), and unpaid burial expenses “

YES that is possible!!!!

VA paid for part of my degree from AMU (2007 graduate and then my original EED for Chap 35 ran out.

Then with my first AO award in 2010 , I got considerable other benefits-and retro to include the 6 thousand I had paid to AMU after the first EED I had ran out.

My Aug 2010 Nehmer claim award then covered additional compensable issues.

My point is Yes, there could be other ancillary benefits such as Chap 35 educational retro if this claim succeeds.

“A big OohRah Marine to your husband. I'm sure he's smiling down, as happy as can be that you're given' em hell on his behalf.”

I sure wish he knew I was the second civilian enrollment ever in AMU (started by the USMC) ,the only civilian in their tactical warfare classes, and for all the hell I got from my USMC prof and my other Military officer Professors ,they taught me how to give it back! They just had never dealt with a civilian student before.

Graduated from AMU with Honors in 2007.along with an additional Military Studies Certificate from them.

And the VA paid for it ALL!!!!! HA HA !!!!!!!!!!!! It sure changed my approach to the VA.

because claimants are truly on a paper battlefield with the VA claims process.

Your sister might want to dig out any paid tuition receipts if this claim gets awarded.

Edited May 2, 2012 by Berta

[SSGunnyG]

Thank you Berta. I go back and forth every time I think I understand what "should" happen. I agree, the key factor is gonna rest on whether my father and is wife ever received compensation. I guess I'm in a holding pattern until I get the Notification letter.

[SSGunnyG]

Got through to 1-800# today. They told me the claim for my father is complete. Notification mailed Apr 23rd. I haven't gotten it yet, but suspect it'll be this weekend. Couldn't tell me whether my father's claim was a 681, 687, or 405. Says it was a claim for accrued benefits. I'll have to wait and see...

[SSGunnyG]

My sister read the letter she got in the mail. My father was awarded 100% from Nov 1998. He died in 1999. Not a large retro award unpaid, but she said the letter does mention education benefits. I'll have to watch the mail for mine. Question though

1)DIC due to his wife, how do I find out if she got it? She's deceased now too.

2)If she never got it, do my sister and I receive it?

Thank you!