These questions are regarding a case of a retired military veteran in their 70s who just filed for AO issues including hypothyroidism, plus some head injury related issues and some other things.
1. If the veteran passes away before the VA can do their exams, can their spouse file for substitution and have the VA base ratings on medical evidence of record and their lay statements? Currently, the veteran is relatively stable, but the family is asking for advice just in case things go downhill fast.
2. After retiring from the Army, they continued to work as a security guard. A few years ago, side effects of Parkinson's-like symptoms and dementia (we think is related to AO, hypothyroidism, and the head injuries) resulted in forced retirement for their own safety. If he wins and has not yet passed away, would the VA potentially have to consider IU or TDIU? Does age factor into IU/TDIU consideration?
Thanks!
Edited by Vync Clarified the IU/TDIU question
"If it's stupid but works, then it isn't stupid." - From Murphy's Laws of Combat
Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.
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Vync
These questions are regarding a case of a retired military veteran in their 70s who just filed for AO issues including hypothyroidism, plus some head injury related issues and some other things.
1. If the veteran passes away before the VA can do their exams, can their spouse file for substitution and have the VA base ratings on medical evidence of record and their lay statements? Currently, the veteran is relatively stable, but the family is asking for advice just in case things go downhill fast.
2. After retiring from the Army, they continued to work as a security guard. A few years ago, side effects of Parkinson's-like symptoms and dementia (we think is related to AO, hypothyroidism, and the head injuries) resulted in forced retirement for their own safety. If he wins and has not yet passed away, would the VA potentially have to consider IU or TDIU? Does age factor into IU/TDIU consideration?
Thanks!
Edited by VyncClarified the IU/TDIU question
"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat
Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.
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brokensoldier244th
Yes on the first. Depends on the second. I don’t know if they can get IU if they pass- maybe up to the deceased date if that happened. Afterwards, potentially DIC. I’ve not worked DIC and post death,
brokensoldier244th
Well, IU is just 100% with strings attached. They may very well just make him 100%, too. Im not a rater, though, so I try not to wade too far into that murk.
broncovet
1. Yes. Substitution of claimant happens when the dependent files it after the Veteran is deceased, but the Veterans claim has not been fully processed or appealed. It sounds like an IMO is possibl
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