This sums up some of it for VA and VHA

[Meddac]

http://www.breitbart.com/national-security/2016/04/17/newt-gingrich-veterans-administration-grievously-sick/

I'm not real in-tune with the VHA side of things, but I do know that it is severely broken. On the VBA side of the house I agree that the Appeals backlog is huge as reported in the story. If VA shifts resources to address it then the claims backlog will once again skyrocket. The see-saw of priorities goes on and the taxpayers are funding it.

In the VA they literally refer to all of this type of news as "job security", and it really is just that. The Union protects employees, but too often it's the wrong employees. The internal process is so far gone that I don't think it can ever recover. Not even a complete sweep of management will solve the VA's problems because it goes much higher and lower than that.

I could spend all day on this forum trying to educate, inform, and expose.....but I don't want to be on some TV show with my wife telling the world how I failed to get stuff done around the house!! 

 

Edited April 18, 2016 by Meddac

[Meddac]

Ok, what did the letter say that included the 686? Most of the letters that I sent out at any point in my VA career had a reason for asking for evidence or forms to be completed.

The other possibility is this: When exactly was he awarded the original dependency for his spouse? If it was a long time ago then (60's or 70's) chances could be that the 686 they have on file doesn't contain complete information (ex: lot's of the older files contain spouses without ever getting an SSN). If that's the case then it's just a formality and they need the completed form for the record. If the spouses information is incomplete then VA cannot establish a correct case in the new VBMS system because it requires complete information on dependents.

I still defer to the letter that was sent though. Did they not give a reason for needing the 686 completed? You stated that you printed it out from a VA computer?

I know that winning a claim for Hep C from air guns is an uphill battle.

Edited April 19, 2016 by Meddac

[bobbyq]

the VA wording.........we denied your claim for Dependecncy and Indeminity Compensation, Death Benefits and Accured Benefits.  On October 2015 we wrote and asked you to send us completed marital history on VA Form 21-686 because we did not receive it we are denying your claim. 

 

But I have a VA  "SNIPPING TOOL" ??? document from the vets claim when he was alive and it shows her relationship as spouse, SS#, and DOB. 

 

On the HEP C I have a VA Fast Letter 04-13 Relationship between immunization with Jet Injectors and Hep C infection as it relates to service connection.

I have a decision from Appeals entitlement to s/c for hep C Citation Nr: 1410959 in which the Vet got Jet Injectors shots and the BVA ordered entitlement to s/c for hep C.

All this went to the VA but they did not look at it and it is NOT on the evidence of the SOC.

 

Appreciate the help as I said I am fed up with the VA.  Not to add to the woes, listen to this a vet 100% has his spouse as a dependent and she has an ID Commissary card.  Into the years they get married by clergy and tell the VA.  The vet dies six months into the marriage so the VA rescinds her dependency because they were only married six months.  The other years did not count because it was common law and they did not know it was illegal since she was awarded dependency.  Fight that one also.  Goes on forever.

VETS DO NOT STAND A CHANCE, YOU NEED TO PUNCH SOMEONE IN THE FACE!!!

 

[Berta]

If they lived in a common law state continuously up to the time of the marriage, to cover the one year marriage requirement,

and she can prove they presented themselves as man and wife, in the common law state, then the marriage could be deemed legal.

That is why they want the 686, as they will need a history as well and evidence of co habitation---if it is a common law state.

 

Last year I became bombarded by phone calls from a local friend, calling on behalf of a woman whose husband (she said) had just been killed by the VA.She said she also was a witness to what the VA did to him (which was actually medical SOP)  but the wife wanted to sue.

I gave her the phone number of the closest vet reps and a list of the paperwork she would need., for a 1151 claim. Also I gave our link and considerable info that I had already posted here on FTCA.

What a waste of time.....long story...no medical malpractice at all as far as I could see, and they were not legally married. This is not a common law state ( NY). The same situation happened to me many times over the years  with widows who were not legally surviving spouses at all...and often kept that (and their actual decisions) from me. One reason I never give my contact info out anymore..

At least VA (I assume they CUED their dependency decision they made long ago) cannot collect this overpayment from the veteran because he is dead.

I don't know if they can try to collect it from her.

The VA will certainly look into her potential status as a wife, if in fact they did live in a common law state...if they get the 686 and whatever else they ask for.

We have a list of those states here somewhere and common law states can be googled.

I researched a little on his medical conditions and I feel this could have potentially  been a probative DIC claim....if the 'marriage' is ever deemed legal. All of the VA's common law regs are here under a search. I posted them years here when some "widow" was trying to scam the CAVC, and I contacted the court as soon I realized what she was doing.

 

 

 

 

 

[Meddac]

I have never seen VA rescind a marriage unless it was under 1 year, invalid, or illegal.

My opinion: the 686 needs to be completed for VA.

A marriage is binding on the VA as long as the documentation is in order and the time has passed. Now you've stated something about common law being involved. 

If VA previously awarded dependency benefits then BVA should force that issue again.

Sounds like the spouse may have to sit until BVA gets the case.

Edited April 20, 2016 by Meddac

[Berta]

I respectfully disagree. But Maybe I misunderstood your point.

The DIC regulations as to marriage are within this recent decision ( and in many more at the BVA)

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files2/1512517.txt

The VA is firm on the One year marriage requirement .

Our deceased member Carlies' same sex legal spouse was denied DIC on that basis. They were legally married but less than a year and did not co habit prior to that in a common law state.

If you have something brand new as to those requirements for DIC please let us know. Carlie was 100 % P & T for well over 10 years as I understand the case. Carlie gave so much to veterans here , that it would be Wonderful if we could help her spouse get DIC.

VA has the 0ne year requirement in place, probably to prevent death bed marriages solely for VA benefits.

I had a death bed widow contact me from the old hadit board

. I don't know if they were married in a  VAMC or a private hospital. Apparently they never co habited in a common law state prior to the valid marriage.

She threatened me because I could not help her get DIC. She was denied because of the one year requirement.

I have no power to change 38 USC 1318.

 

 

[Berta]

This BVA case explains in more detail ,with an OGC Pres Op cited, as to how VA determines if a marriage is valid.

 http://www.va.gov/vetapp10/Files6/1048320.txt

Edited April 20, 2016 by Berta