Veteran's widow,...

[Chevelle]

...I need some info, and help on an issue for a Vietnam Veteran's widow,...

...Paul T Lamay, USN 65-69, 100 % service conected, PTSD, etc. died 9 years ago, and his widow tells me that she never got survivor's benefits for her, and her 12 year old daughter, not a dime,?????,...

...need info, and help getting the ball rolling for a ????? claim,...

... sounds like she got slam dunked by the system?????,...

...any , and all help needed,...

...

[Packo]

Curtis,

For her to receive DIC he would have had to die from his service connected disability. Now, if he had PTSD and committed suicide, and left a note saying something related to the PTSD, she would have a case. If he died of a heart attack.....someone might be able to relate that to his PTSD as a stressor....but it would be a hard fight. You need to talk with a real NSO to see what she may be intitled to. I have a feelin' though, if you can't relate his death to PTSD....she's not eligable for anything. If I died tomorrow, Deb would get nothing unless somehow my SC Hip kills me.

Pack

[darrels joy]

Dependents Educational Assistance
Dependents Educational Assistance benefits are available to spouses who have not remarried and children of: (1) veterans who died or are permanently and totally disabled as the result of a disability arising from active military service; (2) veterans who died from any cause while rated permanently and totally disabled from service-connected disability; (3) servicemembers listed for more than 90 days as currently missing in action or captured in line of duty by a hostile force; (4) servicemembers listed for more than 90 days as currently detained or interned by a foreign government or power.

The termination of a surviving spouse?s remarriage ? either by death or divorce ? will reinstate Dependents? Educational Assistance benefits to the surviving spouse. If a surviving spouse ceases living with another person who has been held out publicly as the person?s spouse, there is no bar to granting Dependents Educational Assistance benefits to the surviving spouse.

Benefits may be awarded for pursuit of associate, bachelor or graduate degrees at colleges and universities, including independent study, cooperative training and study abroad programs. Courses leading to a certificate or diploma from business, technical or vocational schools also may be taken.

Benefits may be awarded for apprenticeships, on-the-job training programs and farm cooperative courses. Benefits for correspondence courses under certain conditions are available to spouses only. Secondary-school programs may be pursued if the individual is not a high-school graduate. An individual with a deficiency in a subject may receive tutorial assistance benefits if enrolled halftime or more. Deficiency, refresher and other training also may be available.

Monthly Payments
Payments are made monthly. The rate effective Oct. 1, 2004, is $803 a month for full-time school attendance, with lesser amounts for part-time training. A person may receive educational assistance for full-time training for up to 45 months or the equivalent in part-time training. Payments to a spouse end 10 years from the date the individual is found eligible or from the date of the death of the veteran. VA may grant an extension. Children generally must be between the ages of 18 and 26 to receive education benefits, though extensions may be granted.

Work-Study
Participants in the work-study program must train at the three-quarter or full-time rate. They may be paid in advance 40 percent of the amount specified in the work-study agreement or an amount equal to 50 times the applicable hourly minimum wage, whichever is less. Under the supervision of a VA employee, participants may provide outreach services, prepare and process VA paperwork, work at a VA medical facility, or perform other approved activities. They also may help at national or state veterans? cemeteries or assist in outreach services furnished by State Approving Agencies.

Counseling Services
VA may provide counseling services to help an eligible dependent pursue an educational or vocational objective.

Special Benefits
An eligible child over age 14 with a physical or mental disability that impairs pursuit of an educational program may receive special restorative training to lessen or overcome that impairment. This training may include speech and voice correction, language retraining, lip reading, auditory training, Braille reading and writing, and similar programs. Certain disabled or surviving spouses are also eligible for special restorative training. Specialized vocational training also is available to an eligible spouse or child over age 14 who is handicapped by a physical or mental disability that prevents pursuit of an educational program.

[Packo]

Just movin' to the top.

Pack

[Chevelle]

...have the records,...

...need help with the big pic,...


...he died puking in his sleep,...


...PTSD. alchee""""""" AO"""""""", the big deal,...


65 through 69, TET, see bee,.. can't decieifer the all of it without going over the whole file, SSi kicked in,. taking over from where the VA. should have provided for the widow,THEN DROPED THE BALL WHEN THE CHILDREN TURNED 18


,.......

...I HATE THIS SHIT, WHERE WE ALL HAVE BEEN FUCKED OVER BY OUR OWN,...

...

[DMZ-LT]

Keep movin Curtis , there 's more out front.

[Arrow]

Curtis...

Paco has it right unless they can prove he died from a service connected disability there will be no DIC for the widow. The widow would be eligible for Social Security for herself and for the children until they reached the age of 18 regardless of his veteran status. When they turn 18 the Social Security is cut offforthe children and her unless she is sixtyor older.As a surviving spouse she may draw early on hisSocial Security Benefits at the age of sixty at a reduced rate but not before sixty.

We need to know if the death was determined to be service connected and for what? AO related disease or PTSD? We need to know how long she was married to the Vet. If the death was service connected at 100%she needs to take his death certificate, their marriage certificate, her birth certificate and whatever other documentation they need from her and get herself down to the Regional office. They never come to us you know. We have to go to them.

In the case of a 100% service connected deathshe will be eligible for DIC, the children if they are not yet 24 years old will be eligible for VA benefits for college orvocational trainingas will she (but not indefintely). The social security benefits were at one time reinstated and extended for children of Veterans as long as they were in college up until they were 24 years old but she will need to check to see if that still stands. She will have medical care through Champ VA, a home loan through the VA. She can work as much as she wants and her DIC will not be affected nor is it affected by social security. However her social security benefits will be affected by her earnings.

I'll go to the VA site and see what I can pull up for you butyou can save yourself and her a lot of grief by hooking up with a good rep fromtheDAV that hasprevious experincenavigating the murky waters of the VA system.

Good on ya for taking this onwith her! I'm proud of you!

[Gimpy]

Packman & Arrow are both correct.

I would only add that even IF his death was NOT due to a 'service-connected' reason and he was rated at 100% P&T for a total of EIGHT (8) years or more,.... the widow and dependents would STILL get the CHAMP-VA and other benefits that Arrow mentioned.

I agree, you should be commended for your efforts to help this lady.



PS---------Packo.........Tell Deb she needs to keep your sorry ass alive for a few more years till you get that EIGHT (8) YEARS under your belt and she'll get that CHAMP-VA and DIC also (if'n you'rn rated at 100% P&T that is)! No MATTER if'n you kick the bucket fer yer 'hip' or not!

[Arrow]

Thanks Steve

I was going out to the VA site looking forthe information you posted because I couldn't remember how that workedorwhat the time frame was. We had that exact scenerio concerning mybrother.Hewas 100% for PTSD and because of his heart condition he was always worried about staying alive long enough for his wife to be taken care of.When they found the AO related cancer that had gone into the bone he was rated 100% for that and made the statement that she would be ok now. Sad.

Arrow>>>>>

[Packo]

Gimpy,

I will keep your sage advice in my memory banks and do everything I can to NOT kick any buckets before the 100% T&P rating kicks in. At 70 now and climbing! Deb keeps saying, "If you go, all THIS will be mine!" I have assured her it will be quite a while before she can cash in on this corpse!

Pack