Survivor's of Vietnam Veterans: are you missing out on past-due benefits?

The Attig Law Firm has recently helped 2 surviving spouses of Vietnam Veterans prevail in their claims for benefits to the VA.  Both cases resulted in substantial past-due benefit payments to the surviving spouses.

Both cases had very similar fact patterns that went unnoticed by a great many attorneys who had looked at the cases.

This made me wonder - are the surviving spouses of Vietnam Veterans missing out on valuable benefits to which they are entitled when the cause of the Veteran's death was (or should have been) service-connected?

If you are the surviving spouse of a Vietnam Veteran who passed away, and the following sounds like your situation, please consider contacting a Veterans Benefits Attorney to discuss your case:

Vietnam Veterans that had "boots on the ground" in Vietnam during the Vietnam War are presumed to have been exposed to Agent Orange.    For these Vietnam Veterans, certain medical conditions are presumed to have been caused by Agent Orange exposure (unless another cause can be definitively proven).

If a Vietnam Veteran dies from one of those conditions, then the VA may be able to determine that the Veteran's surviving spouse is entitled to survivor benefits.  (See the list below for the conditions I'm referring to.)

The problem is that the VA doesn't always know that the Vietnam Veteran died of these conditions for 3 major reasons:

1) Either the condition wasn't known to be connected to Agent Orange exposure at the time of the Veteran's death, or,

2) The VA made a mistake in concluding that the Veteran's death was not caused by the condition that resulted from Agent Orange exposure or in concluding that the condition did not play a substantial role in the Veteran's death; or,

3) At the time of an earlier claim, the Vietnam Veteran's surviving spouse may not have been able to prove that the particular condition caused their husband's death.

What does all that mean for you, the surviving spouse of a Vietnam Veteran?

Regardless how long it has been since your Vietnam Veteran husband passed away, you might be entitled to survivor benefits if some or all of the following apply to you:

A) Your husband had "boots on the ground" in Vietnam, during the Vietnam War.

B) Your husband died because of one of these diseases, or you believe that one of these diseases played a role in causing your husband's death:

  • AL Amyloidosis
  • Chronic B Cell Leukemias
  • Chloracne
  • Diabetes Mellitus Type 2
  • Hodgkin’s disease
  • Ischemic Heart Disease
  • Multiple Myeloma
  • Non-Hodgkin’s Lymphoma
  • Parkinson's Disease
  • Peripheral Neuropathy
  • Porphyria Cutanea Tarda
  • Prostate Cancer
  • Respiratory Cancers
  • Soft tissue sarcomas

C) At some point since your husband's death, you applied for surviving spouse benefits to the VA and were denied.

If any or all of those criteria apply to you, then you might be entitled to collect a substantial amount of past-due survivor benefits from the VA.  This could include past-due benefits dating to the Veteran's date of death, benefits pre-dating the Veteran's death, and a monthly survivor's annuity known as Dependency and Indemnity Compensation (DIC).


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alice june coons says:

My husband was in the calvery and his boots were on the ground.He looked like he was eighty years old when he dief at tyhe age if fifty three.he fought and came home and had much wrong with him.i am very sad depressed he suffered so much.and iam angry.

Chris Attig says:

I am so sorry for your loss. I know first-hand that the surviving spouses of military Veterans get the worst treatment from the VA.

If you would like to see if there is anything my Firm can do to help, please feel free to provide us your information on the Contact page:

http://www.attiglawfirm.com/contact

We will keep you and your family in our thoughts and prayers.

Mary C.Matthews says:

Hello, My deceased husband had a 20% monthly disability check from leg wounds from Vietnahm. Am I eligible for this disability? Thank you so much.

Chris Attig says:

We don’t give legal advice on the Veterans Law Blog – please use the “Request a Consultation” form on the side of every page on this website to submit your information to us if you’d like us to talk about your VA claim with you.

CA.

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