Legal Question in Veterans Law in Texas

VA benefits for spouse (DIC)

I need help getting benefits for my Mother. My father was in the service 26 years and was exposed daily to agent orange for 365 days straight while in Vietnam. He passed away last year from cancer and the VA continues to turn deny our claim. We had a hearing in Waco, Texas and we got the documentation they told us we needed. Still they turned us down. Do I need to get a lawyer and go to federal court?


Asked on 11/01/08, 1:48 pm

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

Re: VA benefits for spouse (DIC)

I have a lot of questions: Was he service connected for the cancer at his death? Or was a claim pending for service connection? Any chance he was service connected at 100% for anything during the 10 years preceding his death? Did they turn it down because the cancer is not on the list of presumed AO-caused cancers? Did you file a medical opinion as to the likelihood of the cancer being service-related? As for how you should proceed, I would need more details. Just be sure not to miss any deadlines. Feel free to email me or call with any further questions.

Thanks,

Jill Mitchell

www.fight4veteransrights.com

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Answered on 11/01/08, 7:28 pm


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