Legal Question in Veterans Law in South Carolina

No NOD..USMC Vietnam

My late husband filed for PTSD compensation in 2004.. Was denied because his combat action ribbon had never been put on his DD214 and he had no real proof of his stessor. He re-opened his claim several times with new evidence but died in 2006 while waiting for his amended DD214. In July of 2006 I sent the VA my late husbands amended 215 now showing the combat action ribbon and requested accrued benefits. They VA are stating that because my husband never filed a NOD (notice of disagreement) to his denial that he did not have a claim pending at time of death. He was disabled since 1991 from his ptsd, was on social security disabilty from 1992 until his death , and was diagnosed with severe ptsd..gaf 34. I can not believe that I am not eligible for his benefits ( a claim that he would have won if the VA had not taken so long to amended his DD215 or he had not died) The VA never considered that my husband was eligible for unemployability, they never requested his SSA records, either. Please advise.. I am appealing their decision now.


Asked on 1/07/09, 9:27 pm

1 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: No NOD..USMC Vietnam

Your question raises some complex issues. Are you receiving DIC (widow's benefits)? Was his death a result or partial result of any service connected disability? Was his death a result of a cardiac condition? An attorney would need to look at the entire VA claims file to determine what was really pending at his death. I will be glad to review the file at no charge, or answer any further questions you may have. Feel free to email me directly.

Thanks.

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Answered on 1/08/09, 1:36 pm


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