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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Buck52

....> To Ms Berta /or Anyone that might know?

Question

Ms Berta

Remember my 32 year old cousin?  who lost her father  Died from S.C. diebetes   (100%) since last Jan.

 She the one that would not get on Hadit because it was to hard)?

They had a Parkinson claim in  A.O. Presumption   since he was S.C. on A.O. PRESUMPTION Before he passed...I think they filed the Parkinson in  Oct/Nov 2018

they buried him Jan 18th 2019.

Now She PM me and ask if there's any child's part  since this veteran spouse died in 2014 of heart attact ...the daughter has recently  2 weeks ago been diagnose with Diabetes.

daughter was his care giver the last 4 years of her fathers life  but not getting any comp from VA. 

I had ask her to file a claim for A&A  or See Her VSO  BUT She did not.(her father died Dec 26th 2018

They did file a claim for the Parkinson but he died before a decision on that one.(claim) it

 Right after the VA Diagnose him for the Parkinson  (pretty bad Parkinson ) shaking pretty bad uncontrollably.

can she continue her fathers claim for that  ?  its under a year since filing.and what happens if she wins the claim for her father?

Can she get health care from the VA or entitled to any compensation from her deceased S.C. Father? She may require Insulin and its very expensive.

I told her to check with her VSO (but she said she was not much help and seems like she don't know the CFR Regs)....I also ask her to check with SSDI  they may render her disabled and get on Medicare? (maybe)?

Any suggestions  that I may  have over looked?

 

I will be gone most part of the Morning , my spouse is having cartact surgery this Morning

Thank You All For All Generous Rely.....and especially Ms Berta.

 

Buck

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Posted (edited)

"Now She PM me and ask if there's any child's part  since this veteran spouse died in 2014 of heart attact ...the daughter has recently  2 weeks ago been diagnose with Diabetes."

She is 32, she is not a child.

I think she is misinterpreting the DIC regulations regarding " helpless child"- those regulations were already posted in the past threads on this subject.

 

"They did file a claim for the Parkinson but he died before a decision on that one.(claim) it

 Right after the VA Diagnose him for the Parkinson  (pretty bad Parkinson ) shaking pretty bad uncontrollably.

can she continue her fathers claim for that  ?  its under a year since filing.and what happens if she wins the claim for her father?"

Did she file a Substitution form? As we suggested here before.

"Can she get health care from the VA or entitled to any compensation from her deceased S.C. Father? "

No health care from VA.

It is possible she could get some retro that would be divided equally with her brother, if the claim succeeds.

As I understand this the father was an in country Vietnam Veteran.Parkinson's is presumptive to AO.

It should be a no brainer-easy to resolve by VA. But I have no idea how long that claim would take.MY AO IHD claim only took 2 years.

"I told her to check with her VSO (but she said she was not much help and seems like she don't know the CFR Regs)....I also ask her to check with SSDI  they may render her disabled and get on Medicare? (maybe)?"

 

Any suggestions  that I may  have over looked?

I suggest that she revoke the POA with this VSO and get another VSO to represent her.

Or you could....

Anyone can represent any claimant if they fit into this criteria:

https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part1/M21-1MRI_3_secA.docx

It is usually done on a one time claimant basis, and I have seen POAs that were family members at the BVA.

Maybe that is the best bet-

do you know for sure if the Substitutution claim was filed?

It should be a easy claim- if the veteran was an incountry Vietnam Veteran, and has Parkinson's, that falls under the Nehmer regulations.

If she feels she is eligible for SSDI, she can apply right on line.

https://www.ssa.gov/planners/disability/

When I have time I will try to find the past threads on this- to see if there is anything  I left out.

Has she heard anything at all from the VA by now, such as an acknowledgement that they received the claim....

Has she attempted to get copies of all of his VA medical records?

If he had private records has she authorized the VA to get them?

Has she opened any type of probate situation?

Meaning did he die with a will or without one?

She might need to contact the Surrogate's office in the county he lived in.

If the VA awards the claim, they will need probate information.

 


 

Edited by Berta

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Buck I hope the wife's surgery goes well-I had cataracts removed in 2015 and it was a picnic- the only problem was the sheet of paper they give  pt. to  use for the eye drop schedule- I made my own schedule every day- that made it easy to follow- Those drops are critical to prevent any eye infections.

I have another suggestion- perhaps your nephew would have already gotten the probate done-

someone has to do it because I assume, there might be a house involved, or the deceased veterans car, other possessions etc etc, 

even maybe a real estate tax filing as to the deceased , and many other issues that might need to be dealt with.

Any potential retro payment under Nehmer will either go to the Estate of the deceased, for proper divisiion of the retro, or to the known survivors, who I assume might be just your niece and nephew.

Since the nephew is a valid survivor, he might be willing to help with the claim and might even done the Probate work already. Maybe he could join us here.

 

 

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Thanks Berta

Her surgery went fine  she has the other eye done in 2 weeks.

she said it was a  brezze  and glad its over  LOL

I'll let her know about the eye drops  for  the anti inflammatory anti bionic  her scheduled to put in her eyes is 4 times A Day and right before going to sleep at night.

 

The above mention is my second cousin  her(female) her Dad was my 1st cousin my Mother brother Son.

Did she file a Substitution form? As we suggested here before.

 (yes I ask her to I think she is going to see her VSO last week  broncovet had mention to me for her to do this.  I ask her to.) I don't know if she did or not yet?

Yes she has had the probate deposition it was uncontested,  her dad left her everything.

"Can she get health care from the VA or entitled to any compensation from her deceased S.C. Father? "

No health care from VA. (Roger That)

It is possible she could get some retro that would be divided equally with her brother, if the claim succeeds.

As I understand this the father was an in country Vietnam Veteran.Parkinson's is presumptive to AO.  (Yes he was and yes on A.O Nehmer presumption claim 100% S.C. for full blown Diabetes 

Only had it S.C. for about a year was all.  date they  her and her Dad and DAV/VSO   filed the claim. (not sure on the dates   but about a year  and few months of Retro.)

She has all her fathers private medicalrecords and some military records and yes will share them with VA.

  She and I work the Diabetes claim together , via email, he got a little retro and 100% before he passed away  but was Diagnosed by VA Dr with Parkinson later after he won the diabetes claim.

  I had them to file a claim for the Parkinson..she did  and he died 2 months after filing that claim...she has not heard anything back from the VA  Other than the Funeral Home to take care of the military Funeral  called and arrange . scheduled with the Dallas /Ft Worth Veterans Memorial  National Cemetery  ect,,,ect,,, (very large cemetery)

She has a brother but her Dad cut him out of his will and left everything to her.....she is in the process of selling his home and Auto  ect,,,she gave away his clothes boots shoes  to charity.

She gave her Dad his '''Bucket List'' before he got Bad (health wise)  but I think her Dad paid for everything  out of country trips and scuba diving and sight seeing in other country's  passports  ect,,,ect,,  

I don't think there was much $$$ left when her Dad passed.  they had traveled together the last two years or so.  she was a very good daughter and has lot of friends  ect,,,ect,, 

she loved her Dad.

 So since she was dx for diabetes she ask me since this could be hereditary and since her Dad had the A.O. Diabetes Presumption claim S.C. By the VA  does she have any eligibility for anything   health care or compensation.

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Posted (edited)

Buck, I erred in thinking she was your niece, sorry----

You asked "So since she was dx for diabetes she ask me since this could be hereditary and since her Dad had the A.O. Diabetes Presumption claim S.C. By the VA  does she have any eligibility for anything   health care or compensation."

No.  But she would receive any retro for any successful AO claim.

 

I had them to file a claim for the Parkinson..she did  and he died 2 months after filing that claim...she has not heard anything back from the VA  Other than the Funeral Home to take care of the military Funeral  called and arrange . scheduled with the Dallas /Ft Worth Veterans Memorial  National Cemetery  ect,,,ect,,, (very large cemetery)"

I assume she filed the proper application for any burial reimbursement fees:

https://www.benefits.va.gov/compensation/claims-special-burial.asp

I feel a new claim for any additional AO presumptives should be filed with a Note at the top , that this is in addition to the claim pending for Parkinsons.

 

Edited by Berta

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