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Survivor Dies Before Or During The Appeals Process

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budda2015

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Iam writing this on behalf of my mom. My mom is terminally ill and the doctors tell us her prignoses is very poor. She is the widow of a Vietnam vet who died from a service related illness. After being denied DIC benefit we appealed and recieved a notice of disagreement. We have been told by the VA that there would be a determination made by april 15.MY fear is that there will not be a determenation made before my mom dies. my sister and i are in our 40s. My question is this.

1. Can we have these funds expidited

2. If Mom dies before a decision what happens with her appeal

3. If mom passes before a decision what recourse does my sister and i have

Edited by budda2015
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  • HadIt.com Elder

if you die from your service connected disability yes your family is entitled to compensation.

not sure what to tell you if your not rating or receiving compensation??

but I am fairly sure if you have claims & appeals going forward yes your family is entitled to compensation

please read up on the DIC forums on hadit...or contact hadit elder member Ms Berta

...........Buck

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  • HadIt.com Elder
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I was under the impression this is already a survivor's claim. And the question is whether the survivors of the survivor would be entitled to benefits. Am I correct?

Part of that depends on if the claim is decided prior to the survivor's death. And part of it depends on the age of the children. I know some of the regulations have changed since 2008. But I am thinking that the children still have to be under 23 to get full accrued benefits.

It would probably be best to do what you can to get the decision processed quickly, based on your terminal illness.

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Here is a BVA case on the matter: The minor children have the right to substitute for the appellant and continue the claim. But they need to make sure it is done properly or it can take forever.

http://www.va.gov/vetapp12/Files4/1229764.txt

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Great advise here.

These are the formal regulations.ut might have been posted above already.
'
'". Accrued Benefits

Upon the death of a veteran, periodic monetary benefits to which he was entitled, on the basis of evidence in the file at the date of death and due and unpaid prior to death, may be paid to the veteran's spouse, children, and dependent parents. 38 U.S.C.A. § 5121(a); 38 C.F.R. § 3.1000(a). Applications for accrued benefits must be filed within one year after the date of death. 38 U.S.C.A. § 5121©.

The definition of the term "child," as defined for the purposes of establishing dependency status, means an unmarried person who is a legitimate child; a child legally adopted before the age of 18 years; a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household at the time of the veteran's death; or an illegitimate child. In addition, the child must be someone who: (1) is under the age of 18 years; (2) before reaching the age of 18 years became permanently incapable of self-support; or (3) after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an approved educational institution. 38 U.S.C.A. § 101(4); 38 C.F.R. § 3.57(a).

Rating determinations regarding incapacity for self-support will be made solely on the basis of whether the child is permanently incapable of self-support through his own efforts by reason of physical or mental defects. The question of permanent incapacity for self-support is one of fact for determination by the rating agency on competent evidence of record in the individual case. Rating criteria applicable to disabled veterans are not controlling. 38 C.F.R. § 3.356(2). "

These regulations apply to deaths after Oct 10, 2008, in which there was a claim pending by the veteran, which ultimately succeeded.

Children in some cases (if there is no surviving spouse, may be eligible for DIC as well.But that depends on cause of death, and whether VA service connects that death and the age of the child..

Please make sure your children know where your military and Medical records are, to include the DD 214 of course and make sure they have the link to www.hadit.com

I regret that your disability is terminal and I commend you for thinking ahead.We all have to do that.

Did a C & P exam favor your pending claim?

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