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

[GBArmy]

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?

[broncovet]

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 April 12, 2019 by broncovet

[broncovet]

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.  

[Buck52]

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 April 13, 2019 by Buck52

[GBArmy]

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

[broncovet]

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 April 14, 2019 by broncovet
add more.

[GBArmy]

40 minutes ago, broncovet said:

Ken Carpenter contact info is here:

43 minutes ago, broncovet said:

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.  

Thanks, Bronco. I know it is a long shot, but then, you can't win if you don't play. It certainly could mean a lot to his family and correct a 75 year old wrong as well.

 

 

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.