Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Contact number for Evidence Intake Center in Janesvilles, WI

Rate this question


Mike Palomo

Question

For survivors dependents of deceased veteran (dad) due, to Parkinson Disease that is presumptive conditions to Agent Orange/Mustard Gas.   What va form do I fill out to list my surviving siblings to file on behalf of our deceased dad. We had no knowledge, nor my mom or my dad to file for disability compensation to the VA prior for his passing away.  

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • Moderator

Mike, Welcome to hadit.  I moved this to a "new topic" so that more people will see it.  

You will likely need a "substitution of claimant" filled out:

https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf

This would enable yourself or other heirs to continue with your late fathers claim, and, perhaps, even win additional benefits including backpay.  Of course, I have not reviewed his file, so I cant opine whether or not this would apply to you.  

If neither he, nor his representative applied, its gonna be much harder.  

You can contact NVLSP to see if/what benefits you may be eligible for under the new pact act.  

https://www.nvlsp.org/

You can also call them with questions.  NVLSP is non profit, and you wont be charged to ask them questions about your late father.  

You may also seek your OWN (attorney for Vets benefits ).  I recommend one of these on this extensive list:

(These are Attorneys familiar with Veterans benefit claims/appeals)

https://www.vetadvocates.org/cpages/sustaining-members-directory

 

Link to comment
Share on other sites

  • 0

Thank you for your reply.  However,  I feel it is unethical for the VA / Federal Government to look the other way.  When it comes to knowingly and is totally aware of what toxic chemicals will have an impact on people’s health.      Not just my deceased dad but,  all of the other veterans who passed away from various health issues while on active duty or honorable discharged.  Later, having health issues presumptive, to Agent Orange, Mustard Gas, etc., Contaminated Water  (Freshwater, Salt Water, Drinking Water)an, Contaminated Soil from leaking Oil, and Fuel storage tanks.  Hawaii Oahu, Redhill (Fuel Leaking), South Korea (Agent Orange), Vietnam (Agent Orange), Guam (Agent Orange, Mustard Gas, etc.), Marine Corps Base Camp Lejeune (Contaminated Water).  I’m sure there are other contaminated locations.  The places listed where veterans were stationed/worked at whether, or not have any knowledge of submitting claims to the VA.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use