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Jessica

Jessica

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Pearl avatar
Lawyer's, Assistant
My husband was a Vietnam vet sprayed with agent orange I have medical records in my possession showing that he was on bed rest a lot of times during his service because of the exposure to agent orange he passed away in 1999 I have three children by him I'm receiving death pension each month which is the bare minimum the kids aged out of the benefits one of my sons utilize the school benefit the education benefit from his dad's benefits I was told I was getting all I was going to get in to go away by AAA member of the v f w which in turn hurt me more than just not having my husband just the stuff I have been going through I have been requesting compensation for him being sprayed with agent orange since 1999 I have been getting tonight since 1999 I got to the point where I gave up I was much younger when he passed it's been over 20 years I raised three children by myself through periods of homelessness slipping my vehicles with my children a few times slip on people floors so in short to add inside to injury I've been getting a bear minimum of what they can give me each month to live off of do I have grounds to file for accrued benefits on his behalf
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm so hurt by the way he was treated only to be hurt more by the way they have treated me!
11.19.2021
I am the Surviving Spouse of my recently deceased disabled Veteran husband, DONALD W. LEE. I have received all of the one-time payments from the VA since Donald deceased on July 27, 2021. However, I was recently denied my DIC benefits because my deceased husband did not know he could file for his 100% war-related hearing disability earlier than February 2017--no one told him. For me to be approved for DIC benefits, I need his approved date of Feb 2017 to be moved back to Feb., 2011 a total of TEN years. I have medical records from the VA West Los Angeles medical dated August 2005 stating that Audiologist doctors suggested that Donald wear hearing aids; also facts are stated that Donald had a hearing disability in 2005. The VA doctors at the time, FAILED to suggest to Donald that he could be checked for war-related disability for his hearing. DONALD WAS NOT AWARE THAT HE COULD APPLY FOR HIS 100% HEARING DISABILITY TO BE WAR-RELATED EARLIER THAN FEBRUARY 2017. For these reasons, it appears that Donald's 100% war-related disability should be approved back to February 2011 because of the NEGLIGENCE by the VA doctors not letting Donald know he could have filed a disability Claim in 2005, showing Don's hearing disability was war-related from the Korean War that he served in from 1952-1956. It appears to be realistic that Don's hearing disability should be approved from at least 2011 because he was 100% with a disability war-related in 2017, not 60% or less than 100%, while the VA doctors FAILED to ask Donald if he knew that he could apply earlier than Feb. 2017. PLEASE HELP ME! Thank you.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: This originally occurred in Los Angeles, California when Donald was approved for 100% war-related disability in February, 2017. But Donald and I moved to Prescott, Arizona on February 1, 2018.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: I filed a Claim with the DAV Local 16 Union office and the manager emailed my Claim to their Phoenix office. The National Service Officers, who volunteer their time, told me that the rule by VA cannot be changed to move the date back to 2011 because VA rules states "whenever the veteran applied and was approved for 100% disability, they cannot move the date back. But why not? When it's proven the medical records show that Donald had a hearing problem in August 2005? My only recourse now is go to the THIRD level to appeal before the Board which will cause me to wait over ONE YEAR to appeal. Then that judge may still deny me my DIC benefits.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Well, all I would like to add is--- If Donald's 100% war-related hearing disability was proven to be only 60%, then there might be an excuse or reason to say that prior to 2017 when Donald applied for disability in 2017, that it would be harder to prove he had a war-related hearing disability. But Donald was approved with a 100% disability from a War he served between 1952-1956. So how can it be so hard to see that Donald also had a disability a few years prior to 2017 which needs to be moved back to at least February 2011?
11.5.2021
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