Filing a claim for dying dad

Question:

Jim, thanks in advance. I've asked you a couple of questions in the past and because of your advice, I've been very successful with my VA claims.  The question I have today concerns my dad. He's 89 and we've just put him in hospice. He probably has a few weeks to a month or two left. He has Merkel cell carcinoma and I believe a couple of other types of skin cancer. He was active duty in the early '50s as a radio operator in the Air Force. Being stationed for over a year in Libya, he was often outside with no shirt on and we've got pictures of him getting a tan at the beach over there. I have read several decisions where the doctor's statement seemed to be the deciding factor in the claim. I haven't approached any of his doctors yet because this is happening so fast, but I will. I'm trying to start a claim for the Merkel cell and skin cancers and since he may pass away before I get the claim in the system, I was wondering how I should proceed. I have full power of attorney, but I'm trying to file the claim using the online system - that might be my problem - but he's not in DEERS. I've sent in a request for him to be added but haven't gotten a response yet. Any thoughts? Again, thanks for your previous help and thanks in advance for any advice/thoughts you have in this matter.

Jim's Reply:

You can't actually represent him in the claim. VA doesn't recognize civilian POAs and so on. I usually tell folks in your situation to complete the paper forms for him, have him sign, don't indicate your involvement. Even if he scrawls a signature, that's enough. An X has to be witnessed so avoid all that. He won't be in DEERS unless he's 100% disabled or retired. DEERS is mostly retired with very few disabled vets who are eligible. I understand what you're trying to accomplish but see very little positive outcome. for your efforts. If you filed a successful claim 3 weeks before he passed, his surviving dependent may get 3 weeks pay. If there are no surviving dependents, the money would return to the general fund.

 


Source URL: https://dev.statesidelegal.org/filing-claim-dying-dad