Claims question for my brother

[wjrasmussen]

My brother was honorably discharge with medical reasons in the early 80s.  The medical diagnosis the got him discharge was that he developed schizophrenia.  I thought he was getting disability for all these years, but my mother told me that back in the 80s she went to the va to ask about getting a claim and they told her he couldn't get one.  Naturally there is nothing in writing on this.  They also said because the Army gave him money (severance?  I don't know as I haven't seen the paperwork) and that made him ineligible for a disability claim.   This sounds like BS because if he wasn't mentally fit, how could he legally have a meeting of the minds to agree to such terms assuming such things exist.

He can't do much to help himself. Can't work.  Any suggestions?  btw, they are 2000 miles away, I don't have any of the paperwork (medical records/dd214) to look at.  His mental illness is factual but I wonder what might not be true in all of this.

[Carl the Engineer]

If he got separation (severance?) pay, he could still get VA compensation.  The VA would just recoup what he was paid and then he would start receiving compensation.  That is what happened to me.  I had to pay back $47,000.00

It dose not sound like he got a medical separation as he would be getting some disability pay.

But, you, with his permission, or your mom's (if she is in charge of his medical/finance legally) need to go the you local VA (County Veterans Service Office) and speak to them and see what they have on him.  They probably have a record on him and that would tell you if he may have filled in the past.

Any Veteran can file a claim at any time.  With that said, you need to not only go to the county veterans office, you need to send to St Louis for his complete medical record and also file a FOIA form for his records from the VA.

You need all these records to see what was done if anything already.  You also need your brother to do these things as he is the Veteran, unless he legally gives that authority to you or your mother.

It will be a slow process, but, there may be help in the end.

What dates did he serve, and what does it say on his DD214 about his discharge?

That would be a start,

Hamslice

 

Edited December 21, 2018 by Hamslice
cause I can

[broncovet]

I agree with hamslice.  Apply.  Since his disability obviously started in service, with a diagnosis and nexus, he should have no problem.  

[wjrasmussen]

Thank you for the responses.  It is a moot point now.   My brother passed away on the morning of christmas eve.

[Carl the Engineer]

Sorry for your loss,

Hamslice

 

[broncovet]

If your brother had a claim going on, his spouse or other heirs can file a "substitution of claimant" and continue with the claim and receive applicable retro if benefits are awarded.  

[Buck52]

17 hours ago, broncovet said:

If your brother had a claim going on, his spouse or other heirs can file a "substitution of claimant" and continue with the claim and receive applicable retro if benefits are awarded.  

who would benefit from doing the continuance process of his claim?

if any retro is awarded?

if veteran had no spouse at the time of his death?

Is other heirs is his beneficiary? that filed the substitution of claimant? 

 

example a daughter takes care of her Dad  age of daughter (31) her Dad Dad died of his SC  Condition, they had filed a Parkinson claim prior to his death from caused /related to Agent Orange, Her father died  due to complications of  100& S.C.diabetes , question? can his daughter pursue her fathers parkinson claim  and if awarded retro   who gets it?