Jump to content
  • momo-001.jpg

     

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0
GBArmy

Any circumstances a new claim can be submitted after the veteran's death?

Question

I was trying to help a WW II veteran who apparently was discharged for medical reasons but never received a disability. He had no medical records or discharge paperwork. While tracking down his discharge, at the same time we submitted a SF-180 for his medicals. Sadly, he passed before we received his medical records. Has anyone heard of the VA making a favorable decision because he would have submitted if he received the med records just a few weeks earlier. You could say that the submital of the SF-180 was a necessary part of the claim process. We were His family could be missing out on a pile of back pay it his claim was submitted, even if rated at 10% for 70+ years?

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 1
Posted (edited)

You can try it, but I do have doubts.  The only circumstances I can see would fly would be if the Veteran, for physical or psychological reasons, were unable to apply.  

Example:  A Veteran is wounded so severly he is in a coma.  In this instance a family member could get a doctor to opine he was not able to make decisions and delagate that to a family member, who then could apply in his behalf.  

The rules on "informal claims" are that the Veteran has to "show intent" to apply for one or more benefits, it has to be "in writing", and he has to "specify the beneft sought".  

    Still, one may argue that his SC conditions prevented him from applying.  

     Better is for the family to apply for "survivor" benefits.  

Also, try reading this:

https://www.dav.org/wp-content/uploads/Death_Benefits_Guide.pdf

     

Edited by broncovet

Share this post


Link to post
Share on other sites
  • 1

If no claim was filed prior to death, its too late.  You can try an ITF, but I dont know if filing the SF form you mentioned will suffice, I think not.  However, this may not have been decided by courts, and maybe attorney Ken Carpenter may be able to take this one on.  

Share this post


Link to post
Share on other sites
  • 0
Posted (edited)

Unfortunately  since this WAR WAR II Veteran has passed away  I believe that means no S.C. no claim.  so they probably would not accept a claim if filed after his death.

As they do soooo much with Appeals

This is typical of the VA Claims Dept   keeping us in appeals until we die  then no claims.

Makes me sick to think of all the veterans that never got their deserved benefits  eh!

Now if the claim was filed before his death  then the next of kin could work the claim   but if he had no spouse  then.....???unless he had a will made out.

Edited by Buck52

Share this post


Link to post
Share on other sites
  • 0

Bronco, I was thinking we could do just that; see what a legal beagle might think. Where can I get Attorney Carpenter contact info?

Share this post


Link to post
Share on other sites
  • 0
Posted (edited)

Ken Carpenter contact info is here:

https://www.vetadvocates.org/users/kenneth-carpenter

When I contacted his office, they did not accept "email" attachments of our evidence, I had to snail mail them to him.  IM not sure why.  

CCK law, or other law firms may also take this on.  Maybe even NVLSP, if they think you issue will apply to other Vets. 

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/?gclid=Cj0KCQjwtMvlBRDmARIsAEoQ8zStOmFy-cIYBQSXVNN6EtEvKirW1wKB0jkqdcChEfjofZ3huNVMRVMaAkJXEALw_wcB

Feel free to go down this list and talk to as many as you can:

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

Attorneys are like people...they vary widely in their opinions.  You need to find a firm sympathetic to your cause.  

 

Edited by broncovet
add more.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.

       


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      https://www.cbs17.com/news/local-news/wake-county-news/gofundme-shuts-down-campaign-following-raleigh-man-s-arrest-for-fraud/1866907862?fbclid=IwAR3Z6cTDSvv2yr9f1hKanLjOBeHjLyeJPtOnVQX0vTGmpF0d_eXiGsPaJug
      • 5 replies
    • Additional 100% Disabled Veteran Benefits
      https://www.hadit.com/100-percent-total-and-permanent-service-connected-disability-additional-benefits/

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here


      Dental treatment for 100% disabled veteran benefits.


      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.


      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.


      Specially Adapted Homes


      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.


      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.


      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.


      Emergency treatment in non-VA facilities: if VA facilities are not available.


      Annual Eye exams and prescribed eye wear



      Continue Reading
      • 0 replies
    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines