Legal Question in Veterans Law in California

my dad was a veteran and passed away 10 years ago. my mom has never filed a claim for veterans benefits. now she needs surgery and after care. might she be qualified for some benefits?

Asked on 12/29/10, 5:21 pm

2 Answers from Attorneys

Joseph Duffy Law Office of Joseph L. Duffy

I'll be happy to assist your mother, however I'll need more information.

What were the dates of your father's service, branch, type of discharge. Did your father ever apply for Benefits from the Dept. of Veteran's Affairs?

Attorney Duffy

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Answered on 1/04/11, 5:30 am
Jill Mitchell-Thein Heard & Smith, LLP

Did your mother ever file a Social Security claim when he died? That could have a huge bearing on the VA claim status. She should go ahead and file a claim for dependency and indemnity compensation and see what they do. A lot of it depends on what the cause of death was and what he was (or should have been) service-connected for. Or if he was at 100%, then how long he was at 100%. There are so many variables that depend on each case. Your best bet is to file a claim and go from there.

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Answered on 1/04/11, 9:22 am

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