Widows of veterans should make sure they're getting full benefits
Carl Young/For the Times-Standard
Posted: 01/19/2009 01:27:43 AM PST
Recently, a local widow of a serviceman received a shock when the VA told her to return her late husband's VA disability check for the month he passed away. To add insult to injury, the VA withdrew the check, without telling her, via an electronic transfer which resulted in bounced check fees. How can this happen to her, and hundreds of thousands of other surviving spouses across the nation? Why have they been wrongfully denied?
After receiving a complaint from a military widow, Sen. Daniel Akaka, D-Hawaii, who chairs the Senate Veterans Affairs Committee, met with Veterans Affairs Secretary Peake about the problem. Peake promised to look into the situation. Does that mean he hasn't heard of this particular problem?
Where have our representatives elected to address these problems been for the past 12 years , AWOL? The 1996 Congress passed a law giving veterans' spouses the right to keep their partners' final month of disability benefits. In too many cases it didn't happen; they were wrongfully denied up to millions of dollars in government benefits, in part based on computer glitches, failure of congressional oversight and erroneous information provided by those entrusted to advise all concerned with latest benefit information.
Just how many of these widowers and widows have been wrongfully denied this relief? The VA states that some widows might have received the payments they were due if they called the VA at the time to inquire about their rights.
They have yet been unable, or more realistically aren't able, to identify the exact number of widows affected, but acknowledged it could be “sizable.” Estimates are that 50,000 widows each year since 1996 could be affected, based on VA numbers indicating more than 100,000 veterans die each year -- some of whom may have been single or divorced -- while receiving VA benefits.
Only 11,000 surviving spouses of deceased veterans will receive lump-sum payments to date. The pension and disability checks -- ranging from $100 to more than $2,500 -- which hundreds of thousands of widows should have received during the month of their spouse's death. The VA stated more than 73,000 had been previously paid. But, they forgot to include any lost interest on the amount not paid and any reimbursement for any bank charges that may have been incurred when repayment was demanded or taken. VA officials are still looking for eligible surviving spouses of veterans who died after Dec. 31, 1996.
Those most likely to have been affected are surviving spouses who never applied for VA survivors' benefits following the death of a veteran, where no current address is on file. Those surviving spouses may be eligible for survivors benefits based on the updated partial listings of “presumptive service connected disabilities” and the veteran's cause of death.
An inquiry to the Humboldt County Veterans Service Office could be considered to find out if a spouse's death may have been related to any illnesses or injuries incurred while on active duty. A listing of “presumptive service connected disabilities” also is available at http://www.vba.va.gov/VBA/benefits/factsheets/serviceconnected/presumptive.doc.
The VA has established a special survivor call center (1-800-749-8387) for spouses who believe they may be eligible for this retroactive benefit. I urge any readers that know any widow or widower to call. The call center is open Monday through Friday from 7 a.m. to 7 p.m., Central Standard Time. Inquiries may also be submitted through the Internet at http://www.vba.va.gov/survivorsbenefit.htm.
Newsflash: The VA plans to expand health services for 265,000 middle-class vets who have been denied VA health services. Many veterans were blocked from enrolling for VA medical benefits if their income exceeded approximately $30,000 annually. New income caps range from approximately $32,342 for veterans with no dependents and $38,812 for veterans with one dependent. Consider contacting the VA's Health Benefits Service Center at 1-877-222 VETS (8387), the VA liaison at the Eureka VA Clinic or visit the VA health eligibility Web site at www.va.gov/healtheligibility for further information.
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Carl Young has been a veterans rights advocate for over 25 years. He lives in Fortuna.
Widows of veterans should make sure they're getting full benefits