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I just received an IRIS response to an inquiry about my BVA appeal for ankle contentions. It indicated that on 2 June 2015 a docket number was assigned to my appeal (form-9), It’s been 3 months, should my BVA packet have been certified by now and sent to the BVA? How long does it take the RO to certify appeal packets?
Our well paid vet reps and VSOs are often very quick to tell surviving spouses that the claim "died with the veteran". The DAV told me that in 1994 but forgot to add that the survivor can resurrect the claim and was going to hang up.
I cannot determine if that was the case here....maybe she did not file the accrued claim in time....as explained below
But after I rattled off the survivor accrued regulations, regarding pending claims at death , the DAV rep sort of agreed agreed and remained on the POA but did not help me at all.I had to succeed in my husband's 2 claims-pendind at death
myself. The rep even said the SSDI award solely for PTSD ( a PTSD SC 30% claim was pending for higher rating) would probably have no bearing because VA does not have to accept SSDI awards.
What a dope.
It is the obligation of every disabled veteran to make sure their spouses are informed on all of the DIC regs before they die.
However, DIC claims should be filed within the first year after the veteran died because ,if awarded, the EED will be the date of the veterans death....the most favorable DIC EED they can get..
Also Accrued claims need the survivor to substitute themselves as the claimant ( the vet orgs all know that and have that form to use) and also MUST be filed within one year after the veterans death.... otherwise no accrued will be paid , unless the accrued claim falls under Nehmer 2010.
Accrued claims ,like all other types of claims , will require the evidence the VA asks the survivor for.
If this was at VBN can you give this widow our site link?
I was a VBN member years ago until I gave our link to a widow there in my VBN profile page.VBN kicked me off the site but said if I admitted I did something wrong, they would take me back.BS to that.
However since then I have noticed others there have put the hadit link in their posts and even tell a few to contact Berta at hadit.com.......re; DIC, AO, FTCA or other stuff.
I will see if her post was at VBN and maybe more info to it....but I cannot post there.
VBN also got rid of the problem people there who attacked me as soon as I joined. Long ago.....they have a better administrator now.
If the poster was rjasp at VBN, there isnt enough info...but I agree with what Cruiser stated.
She might have applied for accrued within the 21-435 app, but as Cruiser said accrued is a separate issue.
Not enough info at all ....unless it was Nehmer claim....but I dont think it was.
Its a long process..............
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