Moderator broncovet Posted October 14, 2016 Moderator Share Posted October 14, 2016 Congratulations, again! Im pleased your attorney called you and explained that you would have no fees. It sounds like your attorney helped you and you dont even have to pay him. This happens more than people think. EAJA often covers some/all of the attorney fees, so Vets pay 0. page1006 and flores97 2 Link to comment Share on other sites More sharing options...
page1006 Posted October 15, 2016 Author Share Posted October 15, 2016 3 hours ago, broncovet said: Congratulations, again! Im pleased your attorney called you and explained that you would have no fees. It sounds like your attorney helped you and you dont even have to pay him. This happens more than people think. EAJA often covers some/all of the attorney fees, so Vets pay 0. Thank you! He's is great. I'm so grateful. I never imagined for it all to end this way. Link to comment Share on other sites More sharing options...
Fat Posted October 16, 2016 Share Posted October 16, 2016 Excellent news............ Link to comment Share on other sites More sharing options...
flores97 Posted October 20, 2016 Share Posted October 20, 2016 Congratulations, and well done!! Link to comment Share on other sites More sharing options...
jamescripps2 Posted October 20, 2016 Share Posted October 20, 2016 You said up thread, Also, I asked the VA if my son and I qualify for health benefits and educational benefits and was told no since my husband wasn't 100% before he passed but I could always try going to a VA Hospital to talk to them to them personally?? He said there's always ways around it. Question, did you sign on to the claim as a substitute claimant within the first year after his death as in 3.1010 Substitution under 38 U.S.C. 5121A following death of a claimant? Or did you just ask for accrued benefits? Form 21-534EZ- Application for DIC, Death Pension, and/or Accrued Benefits. I must not be understanding something here. It seems to me that if you were married to your husband for ten years following the effective date, then you would have won the DIC claim based upon the ten year rule. Otherwise, you must have won the DIC claim on the basis that the cause of death of the veteran was likely service connected. In the case of the latter, if the service connected disease or injury caused his demise, then it certainly should have/would have been rated as 100% P&T. If so, the award should have produced chapter 35 benefits for you and your young son. What am I overlooking or missing while reading this thread? Link to comment Share on other sites More sharing options...
Berta Posted October 20, 2016 Share Posted October 20, 2016 (edited) James, this topic from Page refers to this past one: http://community.hadit.com/topic/66577-my-husband-died-in-motorcycle-accident/#comment-409418 If we missed something here please let us know. All DIC regulations are here under a search and the Chapter 35 regs are within this recent BVA decision. http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files2/1611901.txt Edited October 20, 2016 by Berta Link to comment Share on other sites More sharing options...
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