Is a surviving spouse of a vietnam vet entitled to any benefits thru the VA?

Question

My husband served on an LST in the Navy in VietNam from 1964 - 1968 but never applied for benefits thru the VA. He died of lung cancer at 59 in 2005. I've been told by the service officer at the American Legion here in OK. that had he applied prior to his death he would have been eligible but because he did not the only benefit I'm entitled to is a widow's pension and it is only if I'm destitute and make less than approx. $500 a month. Is it not possible to apply for benefits AFTER a veteran's death?

Answer 1

I'm sorry for your loss. My husband was 100% permanent and totally disabled from the Vietnam war. He was rated with this in 1994. He died in 2000. when he was 52. He was receiving 2100.00 a month but the law is that he had to be permanent and total for 8 years before I could get his benefits. They do give me a widows pension of about 590.00 a month. It goes up every year with cost of living. (couple of buck) They do give me medical champva but the cap is 3000 a year and they only pay 75 % prior to that. Unless you are seriously ill and you are seen at a v.a. hospital you are going to pay big bucks. up to 3000. You have to find your own civilian Dr. that champva. You might check with some one at a Dav or something because they are alot more trust worthy in my opinion.

Hope this helps you can email me if you need more info. also you can pick up the latest 2006 v.a. benefits hand book

Answer 2

Only if he had been awarded a service related disability of 30% or more for more than 5 years. Otherwise the only benefit is a U. S. Flag and a headstone. Best of luck.

Answer 3

My condolences on your loss.

What the Legion's VSO explained to you is essentially true, and I don't wish to raise any false hopes by my advice here.

There are a couple of avenues you may want to pursue on your own.

Attempt to secure your late husband's medical records and then you can start.

If your spouse passed away in a VA facility, and a professional review of your spouse's VA treatment indicates that that VA treatment was the cause of his death, then as a surviving spouse, (not now remarried), you can file an "1151" claim.

38 United States Code, Section 1151, provides that injury, illness, or death, as a result of VA care, or participation in an approved Vocational Rehabilitation program, will be treated just as if it ocurred in service and will be treated as service-connected. That's a short version of the law; I will refer you later to a Website where you can study this law in depth. If VA treatment can be proven as a "cause of death", then essentially your husband's death would be considered service-connected, and you would be entitled to DIC, Dependency Indemnity Compensation. This is a very difficult type claim to prove.

Outside of the VA system, there exists a Federal Court of Appeals for Veterans Claims,(summaries of their decisions can also be viewed on the Website I mentioned). There is a US Supreme Court Decision crucial in 1151 claims, I can't cite exactly, but the Veteran's name is Gardner; it caused the VA to change the then existing language in 38 USC Sec 1151,(VA lost).
Case date/ law change circa 1994 or so. Since that law change there will be Federal Court of Appeals for Veterans Claims cases and you should review, (use keywords 38 USC Sec. 1151/or death due to VA treatment, and search for decision dates and precedent opinions). Date is important as you want date closest to either VA malpractice date or date of death.

Now as to professional opinion as to circumstances surrounding medical care and possible VA error causing/contributing to death, there are 2 Medical Centers I can think of offhand that may agree to review records: UCLA, and Johns Hopkins. You will have to pay for a review.

There is a time limit between date of death and eligibility to file a claim, but a good VSO can use certain documents to argue "date of intent" to file.

There is another "surviving spouse" who answered your question, and I apologize I forgot her ID, and she is "bang on" regarding Widow's Pension. As to which Veteran's organization you choose to file your claim, that is your choice, as long as they are approved by Congress to advocate before Department of Veterans Affairs.

Website: www.law.cornell.edu US Code 38, CFR's 38 USC
deals with Veterans law.

God Bless.

(spellcheck out-sorry)

Answer 4

I don't think so honey but call maybe a disability specialist maybe they would know. If he would've applied before you would get them but he is gone so they don't feel obligated to you. Sucky but true, they would have had he taken care of it.

Answer 5

Yes. You are entitled to receive his military pension until you remarry.

Answer 6

i believe that htey should be intitled because its the same as being entitled to estate what ever the man has should all go straight to the spouce

Answer 7

You may be. It depends on him. Go ahead and apply. It never hurts and the worst they can do is say "no".

Answer 8

www.va.gov