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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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DIC is Dependents Indemnity Compensation.  When a Service Connected Vet dies, his spouse "may" be eligible for compensation, but the Veterans SC compensation will stop. 

Here are the Eligibility rules, according to VA website:

https://www.va.gov/disability/dependency-indemnity-compensation/#am-i-eligible-for-va-dic-as-a-

In English, to be eligible for DIC your spouse needed to die of a SC condition OR from ANY condition if he is P and T for 10 years.  

But, read the rules to make sure it applies to you.

The compensation rates vary according to dependents and other factors, but it should be at least $1357 per month if awarded.  

https://www.va.gov/disability/survivor-dic-rates/

 

 

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No problem Don H's wife- And I can only file complaints for myself with my own personal evidence .I have had problems and filed complaints  against  my former POAs, long ago. They knew nothi

broncovet-My friend a BROTHER Marine had agent orange chronic B-cell leukemia he died of pancreatic cancer ten day short of ten years P&T. His wife went to a lot of VSO for help and they all said

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This is why I advise vets here to get their spouses up to speed on a PC so that they can come here to get DIC help ,if the veteran dies

This widow obviously had a Nehmer Agent Orange claim.

I had a so-called vet org years ago that had never heard of Nehmer. 

Vet reps etc don't usually like to get DIC claims- they are more involved in most case, than many claims from veterans, and they have their own specific regulations.

I found out not long ago that a DIC advocate was giving widows the wrong info.

She was telling widows whose vet spouses had been 100% P & T for 10 years to also try to prove their death was directly due to service.

I asked her when that regulation was generated.........there is no regulation like that requiring

proof of an SC death when the veteran has had continuous 100% for ten years or more.

If, by giving out this advice, to a widow who does not fall under Nehmer, it might take a widow years to prove direct SC death, and in that case, the widow's EED will not be date of death but date of the claim,if the 100% P & T ten year claim was not filed within one year after death, because she told th widow to wait until direct SC death could be proven.

After I sent the widow the DIC regulations , I never heard from her again. I hope she didnt get sued.

 

 

 

 

 

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broncovet-My friend a BROTHER Marine had agent orange chronic B-cell leukemia he died of pancreatic cancer ten day short of ten years P&T. His wife went to a lot of VSO for help and they all said she’s was out of Luck, she’s went back to the Urologist and he wrote that the leukemia was the caused of his pancreatic cancer within two months she got DIC. There is more way to skin a cat, then what the VA says.!!!

 

 

 

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Posted (edited)

To add to the link above- the VA  always "forgets" at their web site to advise on another way to get DIC-

under 38 USC, Section 1151.

My initial DIC was under 1151, as I had proved that the VA caused my USMC husband's death.

We have a full 1151 and FTCA forum here.

Section 1151 claims from vets or their survivors involve:

1.Documented proof of malpractice from the veteran's VA medical records and

2. documented proof that this malpractice caused either additional disability, or caused the veteran's death ( or both)

I received no real help from a former vet rep I had on this claim-

and could not find any lawyer who would help me with my FTCA wrongful death case-and could not find any IMO doctor,  so I did it all myself-and I won.  Long ago

Things are different these days-malpractice lawyers can advertise on the internet now and many handle VA FTCA cases, and also IMO/IME doctors can be found on the net.

 

 

 

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Hello Berta, I haven't posted in awhile. Now, about Nehmer Agent Orange Widow: This widow obviously had a Nehmer Agent Orange claim? How does one determine a Nehmer Agent Orange Claim to warrant DIC even if your veteran husband wasn't 100% disabled for 10 years?

Our Agent told me the same thing. Our Agent told me that if my husband passed away before I did, and I became widowed prior to his being 100% for 10 years, I would not get DIC. My husband has been 100% since 2015 (Prostate Cancer). How does  a widow know whether she has a Nehmer AO Claim? 

Our Agent is someone we have known for years through my husband's family so I have to tread water, carefully. Even though there are some scenarios I have not always viewed likewise; especially, regarding an appeal scenario. I realize I'm just the wife so I don't want to seem/be too pushy and buttinsky. And, Lord forbid, I certainly don't want to cause any hard feelings. My husband doesn't want to rock the boat. So I'm kinda stuck in the middle with no paddle. If only I could call someone myself to have them look at the Bum-rushed shenanigans enacted by BVA and the office in Wisconsin by the manner both entities sidelined new evidence submitted prior to the 30 days deadline/even though BVA made a rushed decision prior to the 30 day deadline. We still mailed our new evidence via certified mail (Expert Medical Opinions *2 IMO's (Dr. Bash and an Associate of Dr. Bash) to Washington DC. Mysteriously, however, our new evidence was sidetracked to Wisconsin(???). The return Green Card exhibited it was signed by intake in Wisconsin. I thought that so eerily odd because I wrote the Washington DC address on our envelope containing new evidence. We faxed. And, if memory serves correctly, we emailed to an email address Dr. Bash gave us. It feels conspiratorial like we've been tricked into losing.

I'm getting too worked up and getting off track.....I do want to know more about the Nehmer AO Claim. Included within the Appeal was the challenge of VA's denial in 2011 of my husband's colon cancer as AO related as being presumptive. Dr. Bash provided an IMO rebuttal to VA's denial of Colon Cancer as being AO presumptive in 2011/new evidence that got diverted to Wisconsin....never heard back from them. The Other IMO had to do with Psychologist's medical opinion about our son's condition being AO related through my husband. Even after our family doctor wrote his medical opinion prior to the IMO.....In fact on the Remand back to Regional/local-Houston, BVA had previously requested a medical opinion from our family doctor. Our family doctor who has known all our children since they were little children. Yet, our family doctor's opinion still wasn't good enough for the Region/local nor BVA after requesting it in the first place.  IMO/new evidence that got diverted to Wisconsin..... Once our new evidence certified mailed with return green card to Washington, DC was magically diverted to Wisconsin. We never heard back from them. So, then, I'm definitely needing to understand what exactly is a Nehmer AO Claim?

 

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