Mom's A&A case: VA denied for DIC, not A&A. We are seeking appeal advice!

Discussion in 'Share Your Personal Experience' started by GeoffJohnPaul, May 29, 2009.

  1. GeoffJohnPaul

    GeoffJohnPaul Newbie

    Hi all-

    On Feb 18 our family submitted an A&A application for Mom (86) based on Dad's WWII service 1942-46. We included all Dad's WWII papers. Mom definitely qualifiies for A&A based on frail health and financials. After discharge, Dad returned to reserve drill status in 1952, married Mom in 1954, fathered 3 sons (us) 1955-61, retired from the USAFR with 20 yrs service in 1968, and died at age 64 of a heart attack when we were still kids in 1973. He never filed a case with the VA.

    On April 17, the VA Minnesota office denied Mom's case for death benefits (DIC, not A&A!). The letter says: "VA denied your claim for DIC because there is no evidence that the veterans death was related to military service. ...we can't approve your claim because VA did not owe the veteran any money." The letter goes on about why DIC is denied. The letter cites a VA request to us on March 12 for four missing documents on Mom's income and health status that were not received. All four were included with the original package! The Oakland, CA office VA clerk who received the A&A complimented us on the completeness of the application documents. The only time A&A is mentioned in the entire letter is regarding item #3 "missing", medical evidence showing your need for the added Aid and Attendance benefit.

    So now we have to appeal this puzzling VA decision by April 2010. VA denied DIC, when we applied for A&A.
    Please advise! Thanks in advance!
  2. Fit2009

    Fit2009 Sr. Member

    VA always checks for DIC when doing a pension claim, so don't even give that 2 seconds thought. Read the instructions on form 4107 that should have been included in your letter. See the bold note? Send in the medical evidence to the regional office, you don't have to do an actual appeal at this point - write on a covering Statement in Support of Claim - Regarding the letter dated X, there are 4 items which were included in the original application that are listed as missing. Attached is a copy of those pages. In addition please consider [any other additional things you want to add] Please review my claim as quickly as possible.

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