rdawg Posted February 2, 2007 Share Posted February 2, 2007 do a search for "died" and "2006" at the BVA website. 2643 hits. Some are the surviving spouse that dies waiting on the VA. If the spouse dies can anyone else still make the claim or is that the end of the road for the claim?? do a similar search for all years (back to 1992) 43661 hits. Link to comment Share on other sites More sharing options...
Guest rickb54 Posted February 2, 2007 Share Posted February 2, 2007 The claim dies when the veteran dies... Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted February 2, 2007 HadIt.com Elder Share Posted February 2, 2007 Well the claim may die but maybe the spouse can get DIC? Link to comment Share on other sites More sharing options...
Berta Posted February 2, 2007 Share Posted February 2, 2007 I think dependent children can file for a partial DIC payment but not sure at all- "The claims dies with the vet" (meaning any pending SC claim or Sec 1151 claim) That is what many SOs and vet reps tell widows-technically it is true----but they forget to add the surviving spouse can resurrect the claim.I hear that a lot from widows my vet orgs have sent me over the years . The DAV told me that exact phrase-and said the veteran's claims were over- and when I said I would re-open the 2 claims they said I couldn't.I faxed them the regs and then they said I could file the re-opens-the dopes- I wrote some stuff for STars and Stripes years ago- one of the articles I did was about this very statement and that survivors have to file the 21-534 and validate their rights as claimants -within the first year after death. After the article was published somehow a few widows and even a VSO got my phone number and called me about this-the widows had all never been told to re-open the pending claim under their own name-except one- she had sued VA for wrongful death but was worried about the SC death claim- which she had to turn into a Sec 1151. The widow or widower has to file the 21-534 and specifically state that this is a claim for SC death as well as a re-opened claim for accrued benefits. All 21-534s are supposed to cover any accrued benefits but the widow should make formal notice of this on the 21-534. so they dont forget- The widow becomes the claimant and the c file becomes the widow's c file- she has to continue to support both the accrued claim as well as a SC death claim with medical evidence. Link to comment Share on other sites More sharing options...
rdawg Posted February 2, 2007 Author Share Posted February 2, 2007 I knew the surviving spouse could re-file but I wasn't sure about the dependents. Do you think the VA looks at the age of the claimant to see if they can drag it out?? If you added the salaries( or better yet, true cost) of all of the people denying the claims would it be more or less than the amount of benefits the VA would pay if they just approved all claims initially? Link to comment Share on other sites More sharing options...
Stan n Pam Posted February 2, 2007 Share Posted February 2, 2007 HOLY S&%T !!!!!!!! WHO KNOWS ALL THIS STUFF!!! this is a knee jerk reaction and in 30 mins I'm sure I'll be sorry I hit "send" - Link to comment Share on other sites More sharing options...
carlie Posted February 2, 2007 Share Posted February 2, 2007 Only the tip of the iceburg.................................... carlie Link to comment Share on other sites More sharing options...
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rdawg
do a search for "died" and "2006" at the BVA website.
2643 hits.
Some are the surviving spouse that dies waiting on the VA. If the spouse dies can anyone else still make the claim or is that the end of the road for the claim??
do a similar search for all years (back to 1992)
43661 hits.
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