Legal Question in Veterans Law in Virginia

I just found out by accident that a serviceman or his surviving spouse are eligible to collect dic. my husband died of a.l.s. in 1993. Is there any way i would be able to put a claim in for some retroactive period of time.

Asked on 8/12/09, 12:36 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Sure, youy could make a claim but it would likely be rejected, You might want to check with DFAS (Defense Finance Accounting Services) to confirm this.

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Answered on 8/17/09, 9:45 am
Jill Mitchell-Thein Heard & Smith, LLP

DFAS has nothing at all to do with this. As of Sept. 23, 2008 ALS became presumed service connected. If you file a claim and it is granted, you could get DIC back to the date of filing. Had you filed within a year of Sept. 23, 2008, you could have received benefits back to that date. File ASAP with proof of the cause of death. It won't be retroactive to date of death, but you should get back benefits to the date you file, then you should get benefits prospectively. If you have any more questions, please feel free to call or email me. Good luck,

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Answered on 10/05/09, 6:10 pm

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