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@  carlie : (16 November 2014 - 11:26 AM) Delayed Onset Tinnitus - Ref To Va Training Letter 10-028 - Link - Http://veteranclaims.wordpress.com/2014/05/06/single-Judge-Application-Va-Training-Letter-10-028-Delayed-Onset-Tinnitus/
@  carlie : (16 November 2014 - 11:03 AM) Here's A Good Tinnitus Link To Check Out From M21-1 Change Dated Jan 10,2014 - Http://veteranclaims.wordpress.com/tag/section-B-Duty-Military-Occupational-Specialty-Mos-Noise-Exposure-Listing-Fast-Letter-10-35-Tinnitus-Hearing-Loss-Vbms-Rating-Decision-Tools/
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@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
@  Tbird : (15 November 2014 - 07:50 AM) Asiadaug Searched All Over For Va Training Letter 10-028 But No Luck So Far.
@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
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Dic Granted!


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22 replies to this topic

#1 Deceasedvethusband

 
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Posted 28 June 2011 - 08:17 PM

The DIC claim filed in Dec. 2006 (husband passed in Nov. 2006) was granted. Back-pay award to that date. The VA also went back to 2002 when the claim was filed for PTSD & IHD. PTSD was granted at 70% but of course IHD was denied. It was in constant appeal via VSO & in 2005 I.U. was granted. Back-pay issued for that time period also. I am concerned they may have over paid that part of the claim, reading the decision & trying to figure out how they came up with the amount isn't working!
I will put that amount in a separate savings account until I can find someone to look at it explain it to me or the VA wants it back. The VA doesn't pay a life ins. benefit on these do they? I've never seen any info saying they do but again, I think they may have made a mistake. I'm very grateful this has finally happened & it's real.
It's bitter sweet to say the least. If I give all the money back, can I get my husband back?


#2 vetwife

 
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Posted 28 June 2011 - 09:12 PM

WOW, I can just imagine the happy dance your husband is doing in heaven - smiling down & now able to rest easy that his wife is taken care of.
Your success & your post will inspire others to keep up with the fight. Congratulations!

#3 carlie

 
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Posted 28 June 2011 - 09:29 PM

Dvh,

Sorry - but your husband was so priceless - no amount of money
can get him back.

Congrats on the new adjudication.
I believe you will find that more likely than not - they did not over pay you.

Take the money and spend it on something that your husband would have liked to get
or do for you - but he didn't get to while he was alive -
because his claim for benefits had not yet been granted,so he couldn't.

Take some of the cash and just blow the crap out of it -
Put some away for a rainy day -
Spend the rest, wisely.

Also, check for any additional State benefits you are probably eligible for.
There might also be Educational benefits available.

#4 Berta

 
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Posted 29 June 2011 - 06:16 AM

This is good News but can never compensate for the loss of a spouse.

It might help to ave a VSO give the decision a good reading to see if there as been an overpayment.

But the VA seems to usually make underpayments instead.

#5 Deceasedvethusband

 
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Posted 29 June 2011 - 06:21 AM

Dvh,

Sorry - but your husband was so priceless - no amount of money
can get him back.

Congrats on the new adjudication.
I believe you will find that more likely than not - they did not over pay you.

Take the money and spend it on something that your husband would have liked to get
or do for you - but he didn't get to while he was alive -
because his claim for benefits had not yet been granted,so he couldn't.

Take some of the cash and just blow the crap out of it -
Put some away for a rainy day -
Spend the rest, wisely.

Also, check for any additional State benefits you are probably eligible for.
There might also be Educational benefits available.


Thank you for your kind words. I will check into the State benefits & yes, Ed. benefits are available. It's still somewhat of a shock & a relief more then anything. I don't feel as happy about it had it been a winning from the lottery or Publishers Clearing house; my husband had to die to be awarded this benefit - somehow doing a happy dance doesn't quite fit in with that. I plan to help my kids with SOME of their student loans, they need help NOW, not after I die. I know my husband would have wanted to help them.
I so want EVERYONE to receive the same news/awards RIGHT NOW! May God bless our veterans & families. My heart & thoughts are with them daily.



#6 Deceasedvethusband

 
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Posted 29 June 2011 - 06:22 AM

This is good News but can never compensate for the loss of a spouse.

It might help to ave a VSO give the decision a good reading to see if there as been an overpayment.

But the VA seems to usually make underpayments instead.


Thank you! I am going to do just that, have a VSO review it!



#7 Deceasedvethusband

 
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Posted 29 June 2011 - 06:23 AM

WOW, I can just imagine the happy dance your husband is doing in heaven - smiling down & now able to rest easy that his wife is taken care of.
Your success & your post will inspire others to keep up with the fight. Congratulations!


Thank you! NEVER GIVE UP! Wanted to at times but my VSO wouldn't hear of it!

#8 Pete53

 
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Posted 29 June 2011 - 06:45 AM

Congrats but in my opinion the VA should have done this in days not years.

#9 alphahec

 
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Posted 29 June 2011 - 06:56 AM

Congrats!!!

#10 Berta

 
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Posted 29 June 2011 - 06:57 AM

I just wanted to add that this widow's claim was filed in Dec 2006 and she finally has received DIC.

In many cases, widow's claims can take many long years like this one did.

The only thing that kept me going on my claims was what my husband said to me hours before he unexpected died.

I had no support from former vet reps I had and I am very glad to see this widow did have ample support from her vet rep.

On your award there could be a Chapter 35 award retroactive-for any of your children in college as far as what tuition they paid and if it fell into the EED of the P & T award.

There should be some info here on that.Their age is a factor as well as other concerns for retro Chap 35 awards,.

My Chap 35 ran out before I completed my degree.(based on posthumous 100% P & T award)
but my last claim under AO gave me a better limiting Chap 35 date (actually I was able to pick the date myself)so I was able to provide VA with proof of about 6,000
I paid in additional tuition after my older Chap 35 date ran out.

I don't know if this would be possible for any children you have in college now or in the past but worth checking into at some point.

Once VA Edu got an audit from my school's financial office , they sent the check.

Also our locale has a veteran's property tax exception that also includes widows and this might be available for you as well.

I can understand your concern if the amount seems too high.

When I finally read over something the VA sent me when I re opened my claim, the Regional office had also read this letter as well. VA had made a significant underpayment on my DIC due to a FTCA case I had.

You would think I would have caught that error long ago but I didnt want to even think about the VA after I got my award.
My daughter nagged me for many months to re open in 2003 and the re open triggered the regional counsel to verify what I had stated as to a wrongful death case.

He also found the VA owed me over 28 thousand and they sent it to me.

When I took the time to figure out their audit statement it still didnt seem right.They also were starting to send me an incorrect amount of DIC.

I sent them a short letter saying I thought, based on the historic rate charts at VA web site and my calculations (which I enclosed), that they either owed me about 300 on the monthly DIC or over 11 thousand on the retro DIC or both.

I got a check for both within a few weeks.

The VA had somehow left out an additional year of DIC in the Regional office initially generated audit.Then they paid me DIC at a past years rate. ?

The letter sure looked right at first and I did say to myself how could a VA computer make this kind of error but somehow the error occurred and now I think anyone who has received a significant monetary award should certainly take time to check it carefully.

Edited by Berta, 29 June 2011 - 07:00 AM.


#11 Josephine

 
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Posted 29 June 2011 - 07:12 AM

I am so sorry for your loss and that your husband had to die to receive this pay.

He will be happy for you, so be easy on yourself.

You deserve this pay and as Pete said should have been awarded years ago.

God Bless,

Always,

Betty

#12 Notorious Kelly

 
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Posted 29 June 2011 - 07:56 AM

Congratulations!

Enjoy the award as you know your husband desires.
:smile:

#13 terrysturgis

 
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Posted 29 June 2011 - 08:56 AM

Congratulations Deceasedvethusband. I lost a friend from diseases related to Agent Orange in 2005. His wife has an attorney and as Pete says you would think it would be an easy claim. Six years later she is still waiting for the decision.
I like your plan to be conservative with the money till you are comfortable that the funds are yours for sure. Once again, Congrats!

#14 Deceasedvethusband

 
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Posted 29 June 2011 - 09:11 PM

Congrats but in my opinion the VA should have done this in days not years.


Thanks so much! Have to agree with you on that statement!

#15 Deceasedvethusband

 
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Posted 29 June 2011 - 09:13 PM

Congratulations Deceasedvethusband. I lost a friend from diseases related to Agent Orange in 2005. His wife has an attorney and as Pete says you would think it would be an easy claim. Six years later she is still waiting for the decision.
I like your plan to be conservative with the money till you are comfortable that the funds are yours for sure. Once again, Congrats!


Thank you, & I'm sorry for the loss of your friend. May he rest in peace & his wife get the benefits.

#16 jbasser

 
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Posted 29 June 2011 - 10:27 PM

Try to figure out whet scale they paid you. Check the retro against the scale and figureit out per month. If it is 300 more per month then they paid you for a SMC.

That is how it is done but it is going to take some work.

Basser

#17 Deceasedvethusband

 
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Posted 30 June 2011 - 10:03 AM

Try to figure out whet scale they paid you. Check the retro against the scale and figureit out per month. If it is 300 more per month then they paid you for a SMC.

That is how it is done but it is going to take some work.

Basser


Thank you, I will attempt to do what your suggest. It does say on the final page of the decision; "Entitlement to SMC is granted on account of the veteran's CAD status post MI rated 100% & the additional service connected disability of PTSD, independently ratable at 60% or more from Sept. 30, 2002 to date of death, Nov. 2006." They don't list the SMC payment of $300 more per month on the break down, at least I can't tell they did from the way it is written. He was 70% PTSD at the start of the claim.

#18 Deceasedvethusband

 
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Posted 30 June 2011 - 10:09 AM

When husband was granted IU in 2005, are sons immediately got on Chap. 35 benefits. One son used all his chap. 35 entitlement & graduated with his BS. The other son is still attending college & receiving Chap. 35. They both are so grateful for this benefit.


I just wanted to add that this widow's claim was filed in Dec 2006 and she finally has received DIC.

In many cases, widow's claims can take many long years like this one did.

The only thing that kept me going on my claims was what my husband said to me hours before he unexpected died.

I had no support from former vet reps I had and I am very glad to see this widow did have ample support from her vet rep.

On your award there could be a Chapter 35 award retroactive-for any of your children in college as far as what tuition they paid and if it fell into the EED of the P & T award.

There should be some info here on that.Their age is a factor as well as other concerns for retro Chap 35 awards,.

My Chap 35 ran out before I completed my degree.(based on posthumous 100% P & T award)
but my last claim under AO gave me a better limiting Chap 35 date (actually I was able to pick the date myself)so I was able to provide VA with proof of about 6,000
I paid in additional tuition after my older Chap 35 date ran out.

I don't know if this would be possible for any children you have in college now or in the past but worth checking into at some point.

Once VA Edu got an audit from my school's financial office , they sent the check.

Also our locale has a veteran's property tax exception that also includes widows and this might be available for you as well.

I can understand your concern if the amount seems too high.

When I finally read over something the VA sent me when I re opened my claim, the Regional office had also read this letter as well. VA had made a significant underpayment on my DIC due to a FTCA case I had.

You would think I would have caught that error long ago but I didnt want to even think about the VA after I got my award.
My daughter nagged me for many months to re open in 2003 and the re open triggered the regional counsel to verify what I had stated as to a wrongful death case.

He also found the VA owed me over 28 thousand and they sent it to me.

When I took the time to figure out their audit statement it still didnt seem right.They also were starting to send me an incorrect amount of DIC.

I sent them a short letter saying I thought, based on the historic rate charts at VA web site and my calculations (which I enclosed), that they either owed me about 300 on the monthly DIC or over 11 thousand on the retro DIC or both.

I got a check for both within a few weeks.

The VA had somehow left out an additional year of DIC in the Regional office initially generated audit.Then they paid me DIC at a past years rate. ?

The letter sure looked right at first and I did say to myself how could a VA computer make this kind of error but somehow the error occurred and now I think anyone who has received a significant monetary award should certainly take time to check it carefully.



#19 Berta

 
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Posted 30 June 2011 - 10:56 AM

That is wonderful news.

I too am very grateful for Chapter 35.
My daughter might use her Chap 35 for her Masters but she has GI bill too.

This and CHAMPVA are great benefits and these programs usually run very smoothly (compared to the regular claims process)

That certainly does sound like the SMC S award which changes from year to year if there is a cola so I think the historic rates for 100 plus S are at the VA web site by year.

#20 Deceasedvethusband

 
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Posted 30 June 2011 - 12:11 PM

re: SMC/rates by year: thanks Berta!
My sons are now 27 & 29 & no longer eligible for Champva.

That is wonderful news.

I too am very grateful for Chapter 35.
My daughter might use her Chap 35 for her Masters but she has GI bill too.

This and CHAMPVA are great benefits and these programs usually run very smoothly (compared to the regular claims process)

That certainly does sound like the SMC S award which changes from year to year if there is a cola so I think the historic rates for 100 plus S are at the VA web site by year.



#21 Pete53

 
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Posted 01 July 2011 - 06:14 AM

re: SMC/rates by year: thanks Berta!
My sons are now 27 & 29 & no longer eligible for Champva.



Actually if they have not used the 45 months up they are still eligible per the decision date not the effective date of award.

#22 Deceasedvethusband

 
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Posted 01 July 2011 - 08:58 AM

Actually if they have not used the 45 months up they are still eligible per the decision date not the effective date of award.


Youngest son (27 yr's. old) used all his Chap. 35, older son (29) is still using his. Youngest son needs to get his Master's degree in his field - maybe I'll help him achieve that goal as well since he used up Chap. 35!


#23 Deceasedvethusband

 
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Posted 01 July 2011 - 09:10 AM

With the help of a friend going over the decision with me & a calculator, I'm confident now that the back-pay award to Oct. 1, 2002 is correct. My husband was being paid at 70% PTSD until eligible for I.U. in 2005 when it went to full benefits. The V.A. applied Nehmer & made it 100% & 60%+ eff. 10-1-02. The chart of payments with the award was very confusing to say the least! Plus they applied SMC for the entire time as his heart I.F. was approx. 24%. That amount (unplanned or un-thought about) will go into a savings none the less.
Thank you all for your support & kind words.

[quote name='Deceasedvethusband' timestamp='1309313841' post='249480']
The DIC claim filed in Dec. 2006 (husband passed in Nov. 2006) was granted. Back-pay award to that date. The VA also went back to 2002 when the claim was filed for PTSD & IHD. PTSD was granted at 70% but of course IHD was denied. It was in constant appeal via VSO & in 2005 I.U. was granted. Back-pay issued for that time period also. I am concerned they may have over paid that part of the claim, reading the decision & trying to figure out how they came up with the amount isn't working!