100% Disabled Veteran Widow's Benefits Question

[midnight340]

Greetings All,

I have been absent for some time from this site, but have been so grateful for all the assistance helping me get my disability.

My question now has to do with my mother's benefits. She passed away about 10 days ago. My father had been on 100% as a WWII vet, and he died a little over two years ago.

I just found out from my brother that the VA quit paying my mother any benefits at all upon my father's death. So this would have been about 26 months of benefits.

Is there anything I can do about this now that she is gone? We have medical and care bills and if there is any chance to getting the benefits that she should have been paid, it would help my siblings and me a lot.

I am hoping someone can give me some guidance here. Thanks. -Midnight

(edit) I want to add that my father had been receiving 100% disability from the VA for well over 10 years.

Edited February 17, 2014 by midnight340

[midnight340]

I originally assumed she should have gotten benefits, but is this something she would have had to formally apply for in order to be eligible? If so, then it is probably too late to do anything now... Still, I wanted to get some expert advice.

I am told that the attorney that handled things after my father passed away did write the VA to find out about benefits for her, but never received an answer. (Why does this not surprise any of us?!!!)

I have lost track of my veterans and survivors benefits booklet... and am having a hard time finding clarification on all this. Any help is appreciated.

[Stretch]

She should at least been getting ChampVA, which pays for her medical benefits. Wait till Berta gets a load of this. If your father was over 10 years with 100%, your mother should have been getting DIC.

[Notorious Kelly]

My condolences, Midnight.

[john999]

Midnight

My probate lawyer for my Aunt and my mother told me that they would get VA A&A benefits and/or DIC. They did nothing. I got DIC for my Aunt. I tried to get A&A for my grandmother, but her husband's records from before WW1 were "lost". My mother's benefits should have been A&A since she died in a nursing home. My father's records from WW11 are also "lost" but I have his discharge papers. The VA stalled and stalled and my mother died before her claim for A&A could be processed the VA told me. Of course, they are prize liars. I believe many spouses get screwed out of some benefit by the VA just waiting them until the elderly spouse dies.

I do think the VA may owe your mother's estate something if she was eligible for DIC. Since she passed away without filing for those benefits perhaps you could file on the estate's behalf if you have some standing such as being personal representative for the estate.

I just wonder why DAV or VFW does not roam nursing homes getting benefits for elderly spouses since many of them were married to vets? I think it is the fact that elderly spouse is not likely to join DAV or VFW. These orgs have VSO's roaming VA hospitals signing up in-patient vets for benefits (and membership).

[Berta]

YOW, Thanks John...I deleted my whole reply because I didnt catch this the right way.....

the widow is deceased.....SORRY I didnt read it right....

John said:

"I do think the VA may owe your mother's estate something if she was eligible for DIC. Since she passed away without filing for those benefits perhaps you could file on the estate's behalf if you have some standing such as being personal representative for the estate."

That is an excellent point.

Nehmer paid retro to estates in some cases but I have no idea on this situation.

"I just wonder why DAV or VFW does not roam nursing homes getting benefits for elderly spouses since many of them were married to vets? I think it is the fact that elderly spouse is not likely to join DAV or VFW. These orgs have VSO's roaming VA hospitals signing up in-patient vets for benefits (and membership)."

I brought this up at the local VAMC a few times this year. with no concrete answers......but most VAMC employees (as VHA)have nothing to do with VBA stuff I was concerned about what liaison those vets in the CLC and hospice and their dependents have to the onsite vet org.(which has been ordered not to talk to me due to my OGC complaint against them)

Someone suggested that I should do the liaison work there since I am a VA volunteer.

But I reminded them I am here everyday and they could refer these vets to us here or their family members.

I did enough volunteer work in the past for their on site (at the VAMC) vet org as it is.

(while they f'--- ed up my claim)

But I am sure there must be something set up as a liaison to claims reps at every part of the VAMCs maybe via the social workers....to liaison vets and family members and survivors with a claims rep......but I don't really know how that works.

Our local AL used to advertise Outreach programs.

They would have some vet reps there, free to the public, to give advice and help on VA benefits.

They dont do that anymore.

Vet orgs really have no incentive to do outreach. Most of their reps get paid just to fill out forms and push paper.

When VA becomes Paperless I wonder where the vet orgs will stand.

Also we have a large DOM and those vets often have claims in process or need to file one.They can usually just take a brief walk on the complex from the DOM to find a vet rep at this org.

Edited February 18, 2014 by Berta

[midnight340]

I am co-executor for the estate, so do have standing. My father was a lifetime member of the Am. Legion, and my mother a member of the auxiliary. (Don't know if these matter or not.) Locally the AL has some good people, and they were of great assistance to me early on... before I had to educate myself (mostly here) and do most everything myself.

I will get in touch with local AL and report back. Since my father was already getting 100% there should be no question there. My mother did spend the two + years (after my father died) in a nursing home.