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Q819: My father is a World War II veteran with 90% disability comp rating. He passed on June 4, 2021. He was diagnosed with Parkinson disease in 2019 and filed for VA compensation and was denied. Now Parkinson has been approved for VA comp, can I go refile his claim? My mom could not get any of his benefits because he was at 90%. Why?
A1: The Simple answer: Yes you can. This would fall under "Nehmer" review. If you are not familiar with how to file such, I would suggest you find your local Veteran Service Office. Nehmer v. U.S. Department of Veterans Affairs was a class action lawsuit brought against VA by the National Veterans Legal Services Program (NVLSP).
If you can not find a local VSO, give me a shout and I will help you find one. (RJ) 2/10/22
A2: There are a few questions that I would like to ask before I can answer your question. First did your Father serve in Viernam or Thailand? Second was Parkinson's listed as cause of death or a contributing factor to it. If you can answer yes to both questions refile his claim. For the Spouse to get the benefits a Veteran needs to be total and permanent disabled for 10 years. (GR) 2/10/22
A3: Parkinson's has been recognized by the VA as a disability related to exposure to agent orange since 2010. Take a look at the death certificate. If Parkinson's was not listed as a primary or contributor to your father's death, then your mother would not be entitled to Dependency Indemnity Compensation (DIC). There are processes in place to have death certificates amended. If you are able to get the death certificate amended, then have your mother file a supplemental claim for DIC on a VA Form 20-0995. I would advise you to seek the counsel of an accredited veteran service officer. (DS) 2/10/22