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Trying To Help My Grandmother

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zcloudy

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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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Was the appeal that the advocate said she won, due to an accrued award or did they say it definitely was for DIC?

I hope she pursued the accrued benefit claim too, because she could have substituted herself in his place for the claim pending at his death.

How long has she been waiting for the official award letter?

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She received her approval letter yesterday. They are acknowledging my grandfather "stepped foot in Vietnam" and saying he was 20% disabled 3 months prior to his death (when he applied). They are also saying my grandmother should have been getting the spouse aid (I know that's not the correct term) since July 1, 2013 (first month after he died). It also mentions how there was a cost of living increase for 2014 and for this year.

1. Since they are acknowledging he was disabled due to his military service prior to his death, should she be eligible for the extra amount per month?

2. It says she will get a small amount of retroactive payment for the three months between his application and his death. Is there retroactive payment for the time she had to wait following his death or does her payments just start now?

I really do appreciate all the help I've gotten on here. Thank you very much.

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Did they award her DIC (Dependency and Indemnity)?

meaning, did the VA service connect his death?

"Is there retroactive payment for the time she had to wait following his death or does her payments just start now?"

If she applied for DIC within one year after his death ( I sure think she did ,because accrued benefits are contingent on that)

and if they actually awarded or will award DIC, the DIC should be retro back to the date of his death.

"saying he was 20% disabled 3 months prior to his death"

It sounds to me that this was an award for an accrued benefit claim.

They usually will never put awards for both accrued benefits and DIC benefits in the same award letter., because they are two distinctly different types of claims and involve two separate types of evidence,..

I didnt get my DIC award for many months after I got an accrued award.

Edited by Berta
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