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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118682
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband left the military in 1994 on Early out due to

Customer Question

My husband left the military in 1994 on Early out due to gov't downsizing. He was career military while in military under MOS Oil Specialist. He died in Aug 2002 from embolism in leg in his 50's. OSHA has been writing that an alarming amount of individuals working with oil and petroleum products (mechanics, oil changer, etc.) have died from cancer and related ailments (blood clogs can be a precurser to cancer. If survive the embolism-- most do not--it is known that survivors can develop cancer within first year.) This is recent info. My husband left behind a 3, 5 and 11 year-olds at time of death. They keep being reject for his GI benefits now that they are older even though probable cause of death due to oil specialist career in military can be shown. Also I received no military benefits and no social security pension. Only minimum SSI. He fell through the cracks of the military social security conversion-- his early out coincide.with social security military conversion, so he was not eligible for social security for his military service, thus, the kids were not eligible either. He did not work enough quarters for SSI. He spent much time as stay home dad.If civilian, the kids would be eligible for damage compension.
Submitted: 1 year ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your husband's doctors can attribute his death to his military occupation and the oils he dealt with while in the military, then there is a right to apply for and appeal VA disability and death benefits. Of course, it will be solely dependent now on the testimony and evidence from his doctors and his medical records, so the case is not going to be simple, but legally you and his heirs would have a right to seek those benefits and you would need a local VA benefit attorney to represent you and the children in an appeal through the VA, so that is your next step here, get a medical expert to attribute his death to his service in the military and then pursue claims through the VA. This really is the only remaining option you have left I am sorry to say.