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.

[Berta]

https://benefits.va.gov/BENEFITS/factsheets/general/accrued.pdf

 

"Who is Eligible to Receive Accrued Benefits? VA pays accrued benefits based on the claimant’s relationship to the deceased Veteran. If there is no eligible living person, VA pays accrued benefits based on reimbursement. Relationship Accrued benefits are paid to the first living person listed below:

Relationship to the Deceased Veteran Accrued Benefit Surviving spouse Full amount to surviving spouse Dependent children, including those between the ages of 18 and 23 who are attending school and those who are found helpless Equal shares among children Parents (both) Equal shares, if parents are dependent at time of Veteran’s death Sole surviving parent Full amount to surviving parent, if dependent."

The VA  link was updated August 2018 to be current- and has info on burial etc as well.

The only exception is Nehmer claims:

38 CFR 3.816 under (f) i and iV

as to accrued benefits and who can apply for them.

https://www.law.cornell.edu/cfr/text/38/3.816#f_1

Explained in detail in our DIC forum and under a search for Accrued Nehmer

Also Nehmer states:

"(3)Identifying payees. VA shall make reasonable efforts to identify the appropriate payee(s) under paragraph (f)(1) of this section based on information in the veteran's claims file. If further information is needed to determine whether any appropriate payee exists or whether there are any persons having equal or higher precedence than a known prospective payee, VA will request such information from a survivor or authorized representative if the claims file provides sufficient contact information. Before releasing payment to an identified payee, VA will ask the payee tostate whether there are any other survivors of the class member who may have equal or greater entitlement to payment under this section, unless the circumstances clearly indicate that such a request is unnecessary. If, following such efforts, VA releases the full amount of unpaid benefits to a payee, VA may not thereafter pay any portion of such benefits to any other individual, unless VA is able to recover the payment previously released."

https://www.law.cornell.edu/cfr/text/38/3.816#f_1

The info also covers Estates as well as Intestate Probate.

This Info is important for any Vietnam vet to know ( or their survivors.)

The EED I received under Nehmer was 1988.

My daughter was 9 years old in 1988.

If I, as the surviving spouse, had died with the Nehmer claim pending, she would have received the retro, as explained under the accrued regulations.

This is why they need to know of all next of kin of the deceased Vietnam Veteran.

 

 

Edited January 6, 2019 by Berta
added more

[broncovet]

Once again, Berta gave a much better answer than I did.  When I read her fact sheet, I was suprised that apparently, siblings are not eligible to receive these benefits.  

I naturally assumed that retro due to a deceased Vet would be treated the same as any other assets the deceased had....it would go to family/friends as per the will.  I can understand the spouse first, then children...but in most wills (intestate, that is, when the deceased dies without a will) the order goes to spouse, then children, (if there is no spouse) and then siblings (if there are no spouse or children).