Collecting Unpaid Benefits From 1975 Thru 2011

[panseyjam]

My husband was given permanent 10% disability upon discharge in 1975 as well as special compensation for loss of reproductive organ, after having received 100% disability while in service for approximately three years. When inquiring as to how to obtain the 10%, he was advised to file form 21-651, advising the military as to whether he wanted retirement or compensation. He had no access to this form in 1975, knew of no retirement, thus, follow-up was not done. Now after filing another claim, he had access to his files and found this correspondence awarding him the 10%. He presented this communication to his current appeal (pending review) advocate and was advised to disregard. He then presented to his county veteran's rep who found an error on his DD 214, stating 10 years versus actual 3 years. The Rep forwarded it to "Support Services" office. They simply affirmed current payment, retro from 2011, and said any discussion re previous years should be with 'Benefits'. Our question, which our Rep didn't know the answer to either, was who/where is Benefits? He stated he will contact American Legion for more information. Any help out there?

[john999]

I think I would consult with a VA lawyer. Your rep is not up to this sort of thing. If you are trying to get money from 1975 you must show some sort of error was made or documents that should have been available at the time (SMR's) were not available. Are you saying he was discharged from military with medical discharge, but no pension?

In 1975 VA and military did not work together at all.

John

[panseyjam]

Thank you, John.

No, not a medical discharge. Had been on 100% disability, waiting to see if cancer returned, then honorably discharged with a total of three years. He inquired as to what then happens to his permanent disability of 10% but was advised by correspondence to respond as to whether he wanted retirement or compensation by filing form 22-651. He lived in rural TX, distant from any VA, didn't understand what they were asking, and neglected to follow up by mail. Should this not have been continued w/o him having to file? Looking at his DD 214, it lists 10 years service, thus this is what the county rep thought was the source of the confusion. Hope this clarifies somewhat. Pam

[broncovet]

You posted, "therfore, follow up was not done".

Unfortunately, its your responsibility to make sure all the i's are dotted and T's crossed to apply for benefits.

This said, you should be able to get your back benefits you are entitled to, but you are gonna need to initiate the effort to "get er done".

The VA does have something called "abandoned claims"..and when you dont respond for a while, your claim is deemed to have been abandoned.

It may be worth it for you to get a lawyer to collect...I dont know all the details of your claim.

[TheMJ71]

If you never filed the correct forms, then you never filed a claim, thus you have no entitlement to retro pay back to 1975.

Your post is also very confusing as to who rated your husband for what. Who said he was 100% disabled? who gave him 10% disability.

Was it the Army or the VA, two totally different components, not connected in 1975.

[PainterBK]

If he received a 10% rating from the army he would have gotten severance check & no monthly comp.

If it was a VA rating possibly it was a mail or paperwork screw up. In 1975 when you processed out

because of medical reasons Army had you fill out VA paperwork, which started the ball rolling with VA.

Usually you were assigned a temporary rating which would have been changed after exam. If he was

awarded a 10% rating from VA in 1975 imho he should be able to collect what is due. He may be able

to get some help from case management. Good Luck, Bob K

[Berta]

I agree that this is very confusing.

"after having received 100% disability while in service for approximately three years."

How long was he actually in the Military? 3 years?

Who paid him the 100%?

here is the form you mentioned:

http://www.va.gov/vaforms/form_detail.asp?FormNo=21-651



"Now after filing another claim, he had access to his files and found this correspondence awarding him the 10%. "

Can you scan and attach that document here? (cover C file name, address, prior to scanning it).

Are you saying this was an award letter for 10% but he never saw a dime of it?

Are you 100% sure he never received any severance pay from the Mil?


"Looking at his DD 214, it lists 10 years service, thus this is what the county rep thought was the source of the confusion."

Did the county rep give him a DD 149 form to correct that error?

After receipt of the 10 % award letter, did he move????

Does he still have the same current 10% disability?

Has it gotten worse?

What is his pending claim for ?

Edited October 30, 2014 by Berta