Fort Worth Accrued Benefits Claims Attorney

Are you seeking accrued benefits owed to a Fort Worth veteran?

At Glover Luck LLP, we are trusted accrued benefits claims lawyers serving families across Fort Worth and the surrounding area.

If the Department of Veterans Affairs owed your spouse or your parent money at the time of death, that obligation does not end with the veteran, and an eligible survivor may claim the unpaid balance. Our Fort Worth, TX accrued benefits claims lawyer reviews the veteran’s claims file, identifies the amounts the agency left unpaid, prepares the appropriate application, and pursues the matter on appeal when the VA issues a denial. We manage the evidence, the documentation, and the filing deadline. Glover Luck LLP has represented veterans and their families since 2014, and we invite you to schedule a consultation.

Accrued Benefits Claims Lawyer Fort Worth, TX

Accrued benefits are payments a veteran had earned under the VA system but had not received at the time of death. In many cases the funds were held behind a rating decision that remained pending, and in others they were tied to an appeal that continued for several years. The obligation survives the veteran, and the responsibility for establishing it passes to the surviving family.

An accrued benefits claim asks the VA to pay that outstanding balance to an eligible survivor. The agency decides these claims on the evidence contained in the file as of the date of death, which gives the existing record unusual significance. Our accrued benefits attorneys in Fort Worth examine that record carefully before advising a family on what may realistically be recovered.

Types of Accrued Benefits Matters We Handle in Fort Worth, TX

Accrued benefits claims seldom arise in isolation. Most families approach our firm with an unpaid balance and several related questions concerning the veteran’s VA record. The matters listed below reflect the work our Fort Worth attorneys perform for surviving family members and for veterans who continue to pursue their own claims.

• Death benefits. Survivors frequently qualify for monthly compensation in addition to any accrued amount. We evaluate both entitlements together, because the two claims commonly rest on the same body of evidence.
• Service-connected disability. A pending service connection claim is among the most common sources of accrued benefits. We work to establish the connection the veteran was seeking, drawing on the service records and medical history already assembled in the file.
• VA disability compensation. Unpaid compensation frequently traces back to a rating that was set too low or issued too late. We examine the payment history for gaps and compare it against each decision the agency issued during the veteran’s lifetime.
• Unemployability (TDIU). Veterans who could no longer maintain employment often die with a TDIU claim unresolved. The retroactive value of these claims can be considerable, particularly where the claim remained open for several years.
• Section 1151 claims. Additional disability caused by VA medical care may support compensation. We pursue these claims where the treatment records indicate that the veteran’s condition worsened as a result of care.
• Agent Orange exposure. Presumptive conditions associated with herbicide exposure continue to generate awards long after service concluded. Surviving family members may be entitled to the portion that went unpaid.
• Gulf War Syndrome. Undiagnosed illnesses are difficult to document and frequently stall at the regional office. We assemble the medical record the VA requires from treatment notes, service history, and supporting lay statements.
• Mental health disorders. Claims involving depression, anxiety, and related conditions are commonly assigned ratings below what the evidence supports. Correcting the rating can increase the amount owed to the estate.
• Traumatic brain injury. TBI ratings turn on detailed cognitive findings, and the adequacy of the examination often determines the result. We identify where an examination fell short of the applicable standard.
• Substitution of claimant. When a veteran dies while a claim or appeal remains pending, an eligible survivor may step into the proceeding and continue it. This route occasionally produces a greater recovery than a separate accrued benefits claim.

Why Choose Glover Luck LLP as my Accrued Benefits Claims Lawyer in Fort Worth, TX?

Veterans Benefits Law Is Our Sole Focus

Our firm does not divide its attention among unrelated practice areas. Our veterans disability lawyer in Fort Worth, TX represents families throughout Tarrant County and the wider Metroplex, and Glover Luck LLP has concentrated exclusively on VA matters since the firm opened in 2014. That concentration carries particular weight in accrued benefits cases, where the outcome ordinarily depends on how carefully the reviewing attorney reads a claims file that has already closed.

Founders Accredited to Practice Before the VA

Julie L. Glover and Adam R. Luck co-founded Glover Luck LLP, and both are accredited by the VA to represent veterans in claims against the agency. Each is admitted to the United States Court of Appeals for Veterans Claims and to the Supreme Court of the United States. Both maintain membership in the National Organization of Veterans’ Advocates. Adam Luck has volunteered with veterans legal assistance programs at the Dallas and Fort Worth VA medical centers. Over more than a decade, our attorneys have helped veterans and surviving families obtain benefits they were owed.

Understanding Accrued Benefits Claims

Eligible Survivors and What Accrued Benefits Cover

Accrued benefits are payable in a fixed order of priority established by federal regulation, and only to certain family members. The agency looks to the following individuals:

• A surviving spouse
• The veteran’s children, in equal shares
• A dependent parent, or dependent parents in equal shares
• A person who paid the expenses of the veteran’s last illness or burial, by way of reimbursement

The final category is narrow in application. It arises only where no eligible survivor exists, and recovery is limited to the amount actually expended. The record imposes a further limitation on what the agency will pay. Under 38 CFR 3.1000, the VA pays only those benefits that were due under existing ratings, prior decisions, or evidence already contained in the file when the veteran died. Medical opinions obtained after the date of death generally cannot be used to establish the claim.

What Are Important Aspects of an Accrued Benefits Case?

Three questions determine the outcome of most of these cases. The first is whether a claim or appeal was actually pending at the date of death. The second is what the file contained on that date. The third concerns timing. Each question is answered from documents rather than testimony, which is why the claims file governs the analysis.

• Confirming that an open claim, appeal, or unpaid award existed
• Establishing the survivor’s relationship and position in the order of priority
• Reviewing the effective date assigned to any prior award
• Choosing between an accrued benefits claim and substitution

Substitution warrants separate consideration. Where death occurred on or after October 10, 2008, an eligible survivor may request to substitute into the veteran’s pending claim rather than file a separate accrued benefits claim. A substitute is permitted to submit new evidence, and that distinction may materially affect what a surviving spouse receives.

What Is The Accrued Benefits Case Timeline?

An application for accrued benefits must be filed within one year after the date of death. The requirement is strictly applied, and it accounts for a substantial share of the claims that fail. A claim for survivors pension, compensation, or dependency and indemnity compensation is treated as including a claim for accrued benefits, which in some circumstances preserves a filing that would otherwise fall outside the period.

Once the application is submitted, the process generally proceeds in the following sequence:

• The survivor files the application together with proof of relationship
• The VA locates and reviews the deceased veteran’s claims file
• The agency issues a decision addressing eligibility and amount
• An unfavorable decision may be appealed
• Payment is issued once entitlement and priority are resolved

Decisions at the regional office commonly require several months, and a matter that proceeds to the Board of Veterans’ Appeals may remain open considerably longer. Families who believe the VA underpaid the veteran during his or her lifetime should also review the question of back pay, since delays and underpayments frequently increase the accrued balance.

What Should You Bring to Your Accrued Benefits Consultation?

Assembling the relevant documents before the first meeting shortens the review considerably. Where they are available, we ask families to collect the following:

• The veteran’s death certificate
• Any VA decision letters, rating decisions, or appeal notices
• Proof of relationship, such as a marriage certificate or birth certificate
• Receipts for expenses of the last illness or burial that you paid
• The veteran’s discharge documents

During the meeting we will discuss what the file appears to show, whether an accrued benefits claim or substitution better fits the circumstances, and how the filing period applies to your family. Surviving dependents may also be eligible for Gold Star family benefits and VA burial benefits, which we can review at the same time.

What Are Important Texas Legal Resources for Accrued Benefits Claims?

Accrued benefits are governed by federal law rather than by Texas law, and the sources below allow families to locate the governing authority directly. They are offered for reference rather than as a substitute for representation.

• 38 U.S.C. 5121 establishes the order of priority among the survivors entitled to receive benefits that were due and unpaid at the time of the veteran’s death.
• 38 CFR 3.1000 implements that statute and addresses the evidence the agency may consider, together with the one-year filing requirement.
• The accrued benefits provisions of Title 38 also govern substitution of claimant and reimbursement for the expenses of a last illness or burial.
• The federal veterans court reviews final decisions of the Board of Veterans’ Appeals, and proceedings before it are adversarial, with the Secretary of Veterans Affairs represented by government attorneys.

Reach Out to Glover Luck LLP to Schedule a Consultation

Families are managing a great deal in the months following the death of a veteran, and questions about unpaid VA benefits seldom arrive at a convenient time. Our Fort Worth accrued benefits claims lawyer can review the veteran’s file and discuss what the record may support. Contact us to arrange a consultation at no cost. Glover Luck LLP welcomes inquiries from surviving spouses, children, and dependent parents.