As you know, there are a number of complex steps that the Veterans Benefits Administration (VBA) will follow to adjudicate your claim for disability benefits. Your claim is received, checked to determine your eligibility, evidence is gathered and put in place in your folder, you are given a Compensation and Pension examination, you are notified a number of times of your opportunity to submit more evidence and the folder is perfected by a Veterans Service Representative (VSR). Eventually your claim is ready for adjudication and it marches on to the desk of the Ratings Veterans Service Representative (RSVR).
The RSVR is under tremendous pressure to turn out a given volume of work. This VA employee operates on a quota that doesn't allow the time that would be necessary to do a thorough reading of your entire folder. This is one of the points in the process where serious mistakes often occur. You may receive a denial of your application for a benefit or an extrememly lower rating than you believe you deserve at this stage.
Upon receiving your award letter and discovering that the decision is flawed, you have one year to appeal that decision. This appeals process allows you to have your case sent to the Board of Veterans Appeals (BVA) for a complete review by a higher authority.
There are other divisions of time built into the appeals process. If you respond within 60 days of the date of the award/denial letter, you may ask for a Decision Review Officer (DRO) review and hearing. The DRO process is often much faster than a BVA process as the folder is kept "local" at the Regional Office (RO).
The DRO is a senior employee with greater training and experience and significant authority to make independent decisions. The DRO process is a "de novo" review. This means that the individual who is reviewing your claim has not been previously involved in the review of your file and brings no bias or preconceived ideas to the task.
In my own experience with numerous DRO reviews, I believe that this is the first time that any individual in the system will actually sit down and read your folder completely.
Dependents and Survivors Benefits
Dependency and Indemnity Compensation (DIC)
The
most frequently requested information regarding a survivor's benefit
concerns DIC. As is so often the case, the VA web site is a rich source
of data about the benefit. Most of what you'll read here is culled
directly from the VA site and presented in a format that may be easier
to read and understand.
Over the years I've received hundreds of
inquiries regarding DIC benefits. Of all of these there is a single
problem that is at the front of most of those questions. That is that
during his life, the veteran never spoke with the widow about the VA or
any benefits he received.
For most of us such a thing seems
incomprehensible. However, in many families the veteran is the one who
deals with the bills, the bank accounts and the financial structure of
the family. He may not share any information at all about VA for any
number of reasons. (I'm using "he" as in my experience, the great
majority of the issues I've seen have been those of the male veteran. I
recognize that a survivor may be a male widower of a female veteran.)
When
the time comes that the veteran passes on, the survivors are often left
completely unaware of any of the activities that may have been ongoing
with the VA. The widow will find all the paperwork in an old desk
drawer and view it as unreadable with the legalese and technical
mumbo-jumbo.
All too often the survivor will heed the advice
they find on a letter from VA and they'll call the toll free number to
inquire of any benefits that may be owed them. The usual response from
VA is to tell the widow she shouldn't bother with all that, there are
no benefits to be had.
The widow may seek the help of a Veterans
Service Officer through an organization her veteran held a life
membership to. Again, in my experience, the VSO is of little help and
will often repeat just what the VA has said, "Don't bother."
Any
veteran who receives any benefit from VA should frequently update
dependents on the paperwork and routines necessary should the veteran
die. Having a will isn't a substitute for a complete understanding of
what the widow is likely eligible for and how to apply. Along with the
will the responsible veteran should have all the necessary forms and
other supporting documents available so that survivors won't find
themselves lost in a maze of VA bureaucracy.
At first glance,
survivors benefits seem complex. At the most basic level, they aren't.
There are a few simple rules to keep in mind and for most of us, that's
the end of it.
Depleted Uranium October 25th 2009
The National Academies Press publishes
the reports issued by the National Academy of Sciences, the National
Academy of Engineering, the Institute of Medicine, and the National
Research Council.
Hundreds of titles in electronic Adobe PDF format can be downloaded for
free by the chapter or the entire book, or you may purchase them via
the web site.
These are serious studies for the veteran who is serious about researching a particular topic.
"The 1991 Persian Gulf War, although considered a successful military
operation, had a profound impact on the lives of troops who served
overseas. Returning veterans reported numerous health problems that
they associated with wartime exposures, including fatigue, sleep
disturbance, and cognitive difficulties. Troops in the 1991 Gulf War
and in other conflicts, including the Iraq War (Operation Iraqi
Freedom), were exposed to a variety of hazardous agents, including
depleted uranium (DU). DU is used to strengthen armor and to increase
the penetration effectiveness of munitions. Troops were potentially
exposed to DU during friendly-fire incidents, cleanup operations, and
accidents (including fires)."
What is DIC?
DIC is a monthly benefit paid to eligible survivors of a:
Military service member who died while on active duty, OR
Veteran whose death resulted from a service-related injury or disease, OR
Veteran
whose death resulted from a non service-related injury or disease, and
who was receiving, or was entitled to receive, VA Compensation for
service-connected disability that was rated as totally disabling
for at least 10 years immediately before death, OR
since the veteran’s release from active duty and for at least five years immediately preceding death, OR
for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.
Who are eligible survivors for DIC?
The unremarried surviving spouse if he or she:
validly married the veteran before January 1, 1957, OR
was married to a service member who died on active duty, OR
married
the veteran within 15 years of discharge from the period of military
service in which the disease or injury that caused the veteran’s death
began or was aggravated, OR
was married to the veteran for at least one year, OR
had a child with the veteran, AND
cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND
is not currently remarried.
The surviving child(ren) if he or she is:
unmarried AND
under age 18, or between the ages of 18 and 23 and attending school.
(Note: Certain helpless adult children are entitled to DIC.)
The surviving parents may be eligible for an income-based benefit.
What is the application process?
First-time
applicants should complete VA Form 21-534 (Application for Dependency
and Indemnity Compensation, Death Pension and Accrued Benefits by a
Surviving Spouse or Child) and submit it the VA regional office serving
the applicant’s area. The process is simpler on requests for restored
DIC. Call the toll-free number below for information about supporting
materials that VA may need, special instructions on requests for
restoration of DIC, location of VA regional offices, and information on
other VA benefits and services.
Disabled veterans in wheelchairs pass
the Washington Monument during the dedication parade for the Vietnam
Veterans Memorial.
Diabetes; Special Notes
If you are a Vietnam veteran diagnosed with Type 2 Diabetes (DMII or Adult Onset Diabetes) or if you are not a Vietnam veteran but have had your diagnosis rated as service connected for other reasons, You should know that many other conditions may be caused by or contributed to by the diabetes condition.
It is widely accepted in health care that diabetes causes and contributes to atherosclerosis (hardening of the arteries) and that may cause heart attack, stroke, blindness, impotence, kidney disease, conditions of the peripheral nerves or a host of other serious problems.
In most cases, the diabetes must be diagnosed first before other conditions will be rated as secondary to the diabetes. For example, a veteran may have a heart attack at age 45 and then at age 55 be diagnosed with diabetes. In that event, the heart condition is not likely to ever be considered as associated to the diabetes condition.
If you've been awarded a service connected rating for diabetes, it well worth your time to file for any and all conditions that may be secondary