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Recent military law questions

My father in law was aboard the USS Cebu during WWII and was

My father in law was aboard the USS Cebu during WWII and was present at Operation Crossroads. He was also a machinist aboard the same ship He developed Parkinson's Disease and Myasthenia Gravis at the same time. I've read that asbestos exposure can affect the nervous system. He passed away at age 77 leaving my mother in law to live on $900 per month. She gets nothing from the VA. Should he have been entitled to some kind of compensation for his suffering?JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No.JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else important you think the Military Lawyer should know?Customer: We also recently discovered that a lung biopsy did reveal a small amount of asbestos in his lungs.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I am the widow of a 30 year Army veteran. He served in WWII

I am the widow of a 30 year Army veteran. He served in WWII Am I eligible for any Veterans benefits?

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
How much would my spouse get monthly from the va paywise. I

How much would my spouse get monthly from the va paywise. I am a 100% service connected veteran.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I have filed Compensation as the divorced spouse (widow) of

I have filed for Indemnity Compensation as the divorced spouse (widow) of a deceased marine veteran. Veterans Administration denied my entitlement on the basis of being divorced from my husband on the dates of his death. I submitted Code of Federal Regulation Title 38 regulation siting a divorced from the veteran entitles the person to claim as the surviving spouse as long as the two people were married in a location that recogizned the marriage and/or children were born to the two people. We were married in a state that recogizned the marriage. Section 1102 of CFR 38 also entitles me to claim as the surviving spouse "based on a marriage for any period of time if a child was born of the marrige, or was born to them before the marriage." One child was born a few days prior to the marriage and a second child was born during the marriage. I am seeking representation prior to submitting my appeal to the Board of Veterans' Appeal. Please advise.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I am the disabled daughter of a disabled/retired/deceased veteran

I am the disabled daughter of a disabled/retired/deceased veteran receiving DIC payments direct deposit to the bank. The bank mailed me a document that said Notice of Reclamation from the Dept of the Treasury Bureau of the Fiscal Service with the dates and amounts of VA DIC payments for the past 10 years that I thought were mine. My mom died in 2006 but one week after she passed away I notified Social Security, Medicare and VA of her passing and told VA to stop any direct deposit payments. I even sent a death certificate even though they said it was not necessary. When I called VA to find out about this they said there was nothing in the system about this. Yesterday, the bank told me that they were freezing the accounts and my money was being sent to the Treasury Dept. When I went to the bank today to check the only money that was there was a direct deposit DIC payment and nothing else! To add insult to injury, the HSBC bank Rep said they let me have my DIC payment this month as a courtesy! I was not given any notice by either the VA's Debt Management Dept. or the Treasury. It is the beginning of the month and don't have enough money to pay my mortgage or other bills! When I called VA's Debt Management Dept. they said there was nothing in their system and that I cannot request a Waiver if it does not exist in their system. There didn't seem to be any due process before the bank confiscated my money. I do not know what to do next.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
My aunt was told that before she could get DIC {my uncle was

My aunt was told that before she could get DIC {my uncle was a Vietnam Vet} she would have to get the cause of death changed on his death certificate. This sounded outrageous to me, so I did a bit of snooping and it took me about twenty seconds on google to discover that the second cause of death on the certificate was myetodysplastic syndrome which means he died from exposer to herbicides. I have dealt with the V.A. on several occasions for my father so I am very aware that they are far from honest. My Aunt was also told that she did not qualify for DIC even if she could get the cause of death changed. Her Income is my uncles social security and SBP. What I would like to know is simply the truth. I'm asking here because I do not believe I will get the truth from the V.A.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
My husband was a Marine that served in Vietnam. He was heavily

My husband was a Marine that served in Vietnam. He was heavily exposed to Agent Orange and suffered numerous health issues until his recent passing from pulmonary fibrosis on December 11. I need to know how the survivor benefit works and what I can expect to receive monthly since his passing. I am picking up the death certificate tomorrow and got letter today that his Jan 1 check has been suspended. That is going to hurt a lot. I was understanding that the widow receives one full check after death and then it is reduced in most cases. Can you explain to me how this will all work?

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
If I am awarded DIC from VA and receive the lump sum payout

If I am awarded DIC from VA and receive the lump sum payout from SBP can it be garnished by a creditor, specifically a credit card debt?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
I'm Marianne. My husband passed away on July 1, 2015.

HI, I'm Marianne. My husband passed away on July 1, 2015. He was a VA disabled and receiving the VA compensation at 100%. During my visit at the VA office, I was told I was eligible for DIC and SBP would be stopped. DFAS received the VA report stating I was getting DIC. DFAS stopped SBP, DFAS said the SBP contributions my husband made for 30 years would be refunded. Today, I received a SBP refund equivalent to the last 6 years of contributions. DFAS is telling me there is a statute of limitations of 6 years on the refund. I cannot find anything anywhere pertaining to the statute. Can you tell me more about it or where I can find the info? Thank you.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
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