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kdavis7

Member
Joined
Oct 12, 2017
Messages
11
Reason
Loved one DX
Diagnosis
06/2017
Country
US
State
Georgia
City
Savannah
Good afternoon,
My father was diagnosed with ALS on October 6, 2017. He passed away on October 26, 2017 at 77 years old. He was in the Navy from 1957 to 1061. I have a call into the Paralyzed Veterans of America in Augusta but thought I would post here as well. Would my mother be eligible for any kind of benefits? Should we proceed with filing for disability for him. His death certificate says the onset of the the disease was 1 1/2 years prior.
Thank you,
Kim
 
Yes file for survivors benefits. Your mom will get-$1800. A month for 2 yrs, $1200 for the rest of her life per month and free medical care with max $1500 out of pocket per year. You will need a death cert that says he died of als, his original dd214, and a note from his doctor that diagnosed him. Pva woll need this to file a claim for your mom. I do not know if she would get retro active comp.
 
I'm speaking with PVA in Augusta now and they're saying that because he wasn't service connected before he passed away that she wouldn't be entitled to anything. Is that true? I'm heartbroken.
 
His death happened so fast after diagnosis we didn't have time to file for disability benefits. That just doesn't seem fair.
 
Was he alive on the day he sent his claim to the VA? That's the key question.

Ask a lawyer who specializes in VA cases.
 
Hmm, that doesn't sound right to me, but there is a full set of criteria to meet at https://benefits.va.gov/compensation/types-dependency_and_indemnity.asp. One of the criteria is 'The Veteran died from an injury or disease deemed to be related to military service', which seems to indicate that the veteran does not need to be rated prior to death. I would have them file the paperwork no matter what and have the VA make a determination.
 
No, he wasn't. We didn't have time to file for disability benefits. He died less than 3 weeks after diagnosis. A week of that he wasn't coherent. He was under hospice care but did receive some services from VA. For instance they were going to put in a ramp for him but it didn't get done before he passed away. The lady with PVA suggested that we file anyway.

Thank you,
 
Yes we're going to file anyway. Thank you everyone for your information.
 
One last thing: Always remember that the VA has a legal obligation called the "duty to assist." If the veteran needs help filing, they must assist. And second, others can work on the veterans behalf. In fact, spouses, family, or anyone can work with VA to establish the claim as long as they have "the veteran's best interests in mind."

Good luck.
 
Call on your congressperson and senators, PVA anyone who can go to bat for you.
Your dad has these benifits due him and your mom too! Don't give up! Fight,fight there is much at stake.
Sorry for your dad passing and at a time like this it's the last thing ya want to do but you must for your mom.
Good luck and keep us posted .
Chally
 
Search the WWW for attorneys who specialize in VA claims.
 
Kdavis7 and Chally... I have been dealing with the VA since 1978. I went to Washington DC for a hearing at COVA (Court of Veterans Appeals) and eventually won my case/claim. My suggestion... do not get a Congressman/women or Senator involved in your claim. Work with the PVA.

Politicians only clog up the works.

PS. If the PVA can't help I agree with Atsugi... I had a civilian lawyer when I went to Washington DC.

Tips: (I can't compose a reply like I used to)

Buy a note book.

Write down any phone call you make to the VA and PVA. Write the time and date you called, what number you called, the full name of the person you spoke to and any identifier he/she make have.

If you get a call from either write down the date/time and full name of the person that called and their title/identifier. Take notes of the conversations.

I know it's just another thing to deal with but it is so important for further reference.

If you have to go with the civilian lawyer he/she will greatly appreciate it.

Patience and persistence. Good luck.
 
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Clearwater Al is absolutely correct. I worked at the VA. Guy in the cube next to me handled the congressional inquiries. "Thank you for your concern. We are concerned to." We investigated and ensured we followed the law. Give more funding." Then the congressman writes back to the constituent: "I have pressed the VA and they have corrected all defiiciencies. Vote for me."

Yes, keep notes. Paper, ink, handwritten, in chronological order like a diary. Always get names, dates, times, and phone numbers. If anyone says "no," ask for a reference in the law. VA lives and breathes the Code of Federal Regulations.
 
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