Veterans Disability Compensation: Court of Appeals holding in Quattlebaum is a great decision for Veteran’s survivors.

The Court of Appeals for Veterans Claims (CAVC) started off  2012 with a very positive decision for Veteran’s survivors when it issued its opinion in Quattlebaum v. Shinseki.

Here’s how it used to be: When a Veteran passed away, and had a pending claim for benefits, his survivor (typically a spouse or eligible surviving parent or child) had the ability to file a claim for “accrued benefits” (Click on the link to read more about accrued benefits claims).  If the survivor was denied accrued benefits in a final decision (remember, a final decision is one where a timely appeal was never filed), that used to be the end of the road for the Veteran’s survivor’s accrued benefits claim.  Until now, the only way to get an accrued benefits claim reopened was to show that the VA violated its “Duty to Assist” the Veteran during his/her lifetime, and that if the VA had not violated the Duty, the Veteran would have had evidence to prove his/her claim for benefits.

Here’s how it is now: The CAVC ruled that – insofar as reopening the claim is concerned – an accrued benefits claim is no different from any other type of benefits claim.   If a survivor finds “new and material evidence” to support the elements of an accrued benefits claim, then the VA must reopen the claim.

Why is this a big deal? In my experience, the VA routinely denies “accrued benefits” claims in anything but the most clearly obvious situations.  By denying the accrued benefits claims, I think that the VA knew that a large number of survivors would just abandon the appeal and give up the claim. Now, when Veterans’ survivors decide that an attorney may be able to help them with their accrued benefits claim, the survivor has some options to reopen the denied claim and pursue the compensation the Veteran and his/her spouse is still entitled to.

One important note. First, it is crucial to note that the Quattlebaum decision does NOT change the fact that a survivor must apply for accrued benefits within one (1) year of the Veteran’s death.  If a survivor  does not file in that one year, it is going to be virtually impossible to successfully pursue the claim for accrued benefits.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims and benefits or a Veterans Service Organization to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals in Texas, Arkansas, Oklahoma, and all around the nation, contact the Attig Law Firm, PLLC, for a free consultation with a VA Benefits attorney.

The Attig Law Firm, PLLC, and VA benefits attorney Chris Attig, represents military Veterans in Texas, Arkansas, Oklahoma (as well as all around the nation) before the VA Regional Office, the Board of Veterans Appeals (BVA) and the Court of Appeals for Veterans Claims (CAVC) in claims for disability compensation from the Department of Veterans Affairs.