Vietnam Survivors Benefits After his death.

[Buck52]

I just found this out even after a Vietnam  Veterans death his suvior can get benefits   but has 1 year to refile for this DIC Benefit  check out  Attorney Chris Attig VLB (Veterans law Blog)

https://www.veteranslawblog.org/vietnam-veteran-survivor-benefits/Veterans survior

Ms T bird as this up on Hadit also.

I am helping my cousin try to get her Dad benefits who passed away last Dec 2018  she has little time to refile the claim he had in at the time of his death  Dec 24th 2019.

She was his survivor & Beneficiary .

Edited December 14, 2019 by Buck52

[Berta]

Make sure she uses the new claims format .

If this is a re-open of a previously denied claim, she will need new and relevant evidence.

Or  Did she appeal any past denial in time?

https://www.vba.va.gov/pubs/forms/VBA-21P-534EZ-ARE.pdf

Edited December 14, 2019 by Berta

[Buck52]

Yes Thank you Ms Berta for this form # I appreciate that.

I'll send it to her ASAP

 They filed before his death on some issues like parkinson's, he had diabetes very bad  and I'm fairly sure he died of complication from that and possibly other conditions as well he  had just got his 100% claim in for that 6 months prior to his death. 

but I had them to file on these others while he was still living,,,his daughter uses the DAV  which told her his claimed died when he did..I just found out about this survivors benefits  in an email this morning.  THESE CLAIMS WERE PENDING AT THE TIME OF HIS DEATH so does she need to file this 21--p534 EZ? FOR THESE  CLAIMS PENDING? AND POSSIBLY FILE ON OTHER iSSUES HE HAD  THAT COULD BEEN CAUSED BY  A.O.

I  BELIEVE HIS 100% WAS A NEHMER RULING  FOR THE DIABETES 

you remember me trying to help them back ;last year and I ask her to get on Hadit and she said it was to complicated to join Hadit... it is her.

I ASK HER THIS MORNING IN EMAIL TO JOIN HADIT but she needs to go see his DAV VSO and file before the dead line  his death was 24th Dec 2018  and then work the claim.

She a pretty smart young woman age 32 (not married) but could sure use this help financially speaking.

[Berta]

Buck I have been going over the numerous past posts on this issue.

Accrued Benefits:

https://www.law.cornell.edu/cfr/text/38/3.1000

I did not find that she would be eligible for accrued benefits, but possibly only to the extent as within this BVA case:

"The appellant does not meet the definition of beneficiary to whom accrued benefits may be paid under 38 U.S.C. § 5121(a)(2) or (a)(3) as although the daughter of the Veteran, she is no longer a child. Therefore, she may only receive so much of the accrued benefits as necessary to reimburse her for the expense she paid of the Veteran’s expenses for his “last sickness and burial.” 38 U.S.C. § 5121(a)(6). This amount was already paid to the appellant in the amount of $3,028.77. She does not assert that she is entitled to any reimbursement in excess of that amount for expenses she paid for the Veteran’s last illness or burial. Thus, the record includes no evidence that the appellant incurred expenses related to the Veteran’s care during his last sickness or burial in excess of that for which she has already been paid, and she is not entitled to the remainder of the accrued benefits due to her father at the time of his death on any other basis. 38 U.S.C. § 5121."

https://www.va.gov/vetapp19/files6/19148902.txt

We never knew if any burial expenses were applied for, or if she herself paid  medical expenses due to his last illness.

Accrued benefits ( except for Nehmer claims ) must be applied for within  one year of the veterans death,.

"VA must receive an accrued benefits claim within one year of: • The Veteran’s death and/or • The date of notification to the Veteran VA must receive a substitution claim within one year of the original claimant’s death. If the substitute dies, the next substitute has one year from the original substitute’s death to file a claim."

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

As to Nehmer ( whereby accrued benefits are different) we saw no evidence here that this was in fact a Nehmer claim., that involved a past Nehmer denial ( meaning retroactive compensation)

I don't know if she is filing for accrued and has substituted herself as the claimant.

I think the VA denied her DIC claim ???? If so, I believe the denial was correct so all she would need to file is for potential accrued benefits...is if she paid burial or last illness expenses herself.

I did not see this as a Nehmer claim as to the diabetes claim or the Parkinsons claim.:

"Nehmer claims are VA claims for compensation for presumptive diseases associated with Agent Orange exposure that were previously denied by VA under the 1984 Veterans’ Dioxin and Radiation Exposure Compensation Act."

https://cck-law.com/blog/faq-friday-nehmer-claims/

I strongly suggest that you or your cousin contact Chris Attig because I read the link with a completely different view of what it says.

We have never seen a past denial for any AO presumptive to the veteran or any decision she has  received from the VA

Edited December 14, 2019 by Berta
in cloud...double posts...

[Berta]

" she needs to go see his DAV VSO and file before the dead line  his death was 24th Dec 2018  and then work the claim." She should definitely bring any evidence of any burial expenses or last illness expenses with her, if she paid those expenses herself.I believe it is in an area on the accrued application-21-601, to state these bills and enclose proof of payment. She has very little time to get this done.

[Berta]

sorry that is VA form  21P-601

 https://www.vba.va.gov/pubs/forms/VBA-21P-601-ARE.pdf

[Buck52]

Roger that Ms Berta

I will pass this Information on to her.

Also when they rated him for the diabetes at 100% They went back to the date he first filed (6 Months prior)  this is correct. however SMC should have been infreered to him because he was bedridden at the time he was rated the 100% VA Failed to infer the Correct SMC.

or is it the Veterans responsibility to file the SMC? A&A or the correct SMC.

he was in bad shape for a long time prior to his filing a claim.Due to his S.C. Disabilities..they just never thought about filing and he had A-1 Premium Insurance and used the private medical sector all those prior years...a VA Dr is the one that mention to him to file a claim.so they filed  but little to late.

he served in Vietnam around 1967/68

At the time of his death she had moved him out of the VA Hospital for lack of care and into a private facility  where he died about 2 months later.

I don't think she was out any $$$ the VA paid for his cremation and funeral cost  he was buried at the Dallas Ft Worth National Cemetery . he had a military funeral  which I attended.

Dallas Ft Worth National Veterans Cemetery 

2000 Mountain Creek Parkway
Dallas, TX 75211