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Trying To Help My Grandmother

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zcloudy

Question

At the urging of my father, who is a veteran, my grandfather applied for benefits roughly two years ago. He served aboard the U.S.S. Manley during the Vietnam War. He was aboard the ship when a powder case ignited in the breech of the forward gun mount. What I i understand from my grandmother, he was exposed to a chemical while near Da Nang.

My grandfather faced a number of health issues once he returned. He suffered from heart vavle problems and diabetes. The reason my grandparents decided to appy in the first place was because my grandfather was battling liver and bio duct cancer. His doctor at the VA hospital in Delware said he had a strong case. Unfortunately, my grandfather lost his battle with cancer in late June 2013.

My grandmother continues to fight the VA. She was initially rejected because they claimed he was no where near Vietnam. My grandmother highlighted that part of the rejection letter and sent back a letter from a high-ranking officer aboard the ship at the time attesting to the fact they were there as well as newspaper clippings aboard the explosion and the ship dropping off Senator Henry Jackson following the explosion in Da Nang.

She has since been told by a Veteran's advocate that she will receive around $1,200 a month under the classification of diabetes. Although this seems like a step in the right direction, something still seems fishy about the whole situation, which is why I am posting it here.

Should my grandmother consider herself lucky to get anything at all here? Is there anything else she could do? Would she receive just the monthtly payments or should she get retroactive payment from when they made the claim?

I know absolutely nothing about his process and am asking for advice for her. What I have written is what I've been told over the years so if there are any inaccuracies please let me know.

Thank you for your time reading this and thank you for your service to our country.

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"What I understand from my grandmother, he was exposed to a chemical while near Da Nang. "

Was the chemical Agent Orange? where was he 'near' Danang"

http://www.publichealth.va.gov/exposures/agentorange/shiplist/list.asp

I dont see his ship on the VA AO ships list.

"She has since been told by a Veteran's advocate that she will receive around $1,200 a month under the classification of diabetes. "

I guess she had very strong evidence that showed he served in Vietnam.(Boots on ground)

The above ship's list is the most recent one I know of.

"Should my grandmother consider herself lucky to get anything at all here? Is there anything else she could do? Would she receive just the monthtly payments or should she get retroactive payment from when they made the claim?"

If the 21-534 DIC application was filed within the first year after the veteran's death, and succeeds, the retro should go back to his date of death. Othersie it will be back to the date of the claim.

Does the Death Certificate reveal an Agent Orange disability (The full presumptive list is here under a search) as the prime cause of death, or as a substantially contributing factor?

"He was aboard the ship when a powder case ignited in the breech of the forward gun mount. What I i understand from my grandmother, he was exposed to a chemical while near Da Nang. "

Was this in Danang Harbor?

Danang Harbor ,per VA , was not exposed to AO. That has been challenged in court and by Feb 25th we AOers will know more.

I am survivor of an AO Vietnam vet, he served in Da Nang.

.
"something still seems fishy about the whole situation, which is why I am posting it here."

Fishy To me too ...but that is because we don't have all of the facts.

"His doctor at the VA hospital in Delware said he had a strong case."

Did he say ( and document) what he meant by that? a strong case for what?

"and the ship dropping off Senator Henry Jackson following the explosion in Da Nang."

you mean he, yiour grandfather, was "In" Danang?

Was he part of the landing party for the Senator?

If the DIC claim succeeds she will be eligible for Chapter 35 educational benefits as well as CHAMPVA medical.I get both ,have used both, and they are wonderful benefits. She could also be eligible for property tax rebates and maybe other things.

I get a good sized property tax break on my farm and a discount on my fishing license due to my DIC.

She must have Medicare Parts A & B to be eligible for CHAMPVA.

Did she formally file a Notice of Disagreement yet?

Not enough info here to opine on the claim.

And even if it is regarding Agent Orange at all.

Edited by Berta
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You might try to get information from anyone who might have served with him. There is a site dedicated to the USS Manley (http://www.ussmanleydd940.org) there is a tab to "Contact Us". It is unclear if the Manley put into DaNang to off load the senator or if he was helo'd in. As Berta points out Manley is not on the list of ships for presumptive AO exposure.

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Excellent info from toddt.

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Thank you all for the information. Sorry my information has been so vague. It's all come second hand from an hour long conversation with my grandmother. Im going to look further into her paperwork (she kept everything) and see what I can figure out.

I'm also going to go to her next meeting with the veteran's advocate in early March.

Also, I've found out that he filed a claim before he died. Following his death (definitely within a year) she filed her own claim, which was rejected. She appealed and recently received word she won the appeal. My biggest question of the veteran's advocate is where the actual letter from the VA is.

Edited by zcloudy
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  • HadIt.com Elder

It sounds to me like she's been awarded Dependents Indemnity Compensation (DIC), which is about $1250 a month but if that's correct and she was married to him for the 8yrs directly preceding his death she should get another roughly $250 a month, for a total of about $1500 a month, plus or minus. jmo

pr

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