Kevin Marshall, Gregg County Veterans
Service Office Director and Navy veteran
A Vietnam Era Army veteran in Gregg County with a 30% disability rating for Post-Traumatic Stress Disorder (PTSD) filed a claim for breathing problems associated with PTSD in June 2010; and, was denied. He filed a Notice of Disagreement (NOD) for this condition in February 2012 and in January 2013, he filed an appeal to the Board of Veterans’ Appeals (BVA) for all denied conditions. He passed away in July 2013 at a VA Medical Center due to pulmonary malignancy, ectopic ACTH (Adrenocorticotropic hormone) syndrome and severe Chronic Obstructive Pulmonary Disease (COPD).
His wife filed for Dependency and Indemnity Compensation soon after he died. Later, in 2015, she filed a request to proceed with her husband’s appeal. The VA issued a Statements of the Case in September 2015, in which the VA confirmed the previous denial for Dependency and Indemnity Compensation.
In 2016, Gregg County Veterans Service Office Director and Navy veteran Kevin Marshall began assisting the spouse with her claim.
“She told me she had received pension for one year and then it was terminated. We filed another claim for Dependency and Indemnity Compensation and death pension in 2018, which was denied. In May 2018, her appeal for service connection for breathing problems and seizures was denied again,” said Marshall.
After reviewing the veteran’s file, Marshall recommended that they file an appeal again for service connection for breathing problems and seizures due to complications from medications and secondary to PTSD. This appeal was filed on June 1, 2018. A hearing for service-connection was conducted in Waco on December 6, 2022.
“She received a PACT ACT notification letter dated December 30, 2022 and a Toxic Exposure Risk Activity memo was placed in his file dated January 19, 2023,” said Marshall. He went on to explain that the BVA requested more information on the veteran’s conditions in March 22, 2023, and then denied compensation in September 2023.
In February 2024, the veteran’s entitlement to service-connection for respiratory disability, secondary to PTSD was remanded by the BVA, sending it back to the regional VA office for more information and clarification.
In October 2024, the spouse was awarded accrued benefits at 100% for Emphysema with COPD and lung cancer effective June 28, 2011, the original date of the NOD, and entitlement to an accrued benefit for Special Monthly Compensation (SMC) based on housebound criteria from October 12, 2012. The total accrued benefit was $40,191.
“Since COPD was one of the causes of death, I immediately filed for Dependency and Indemnity Compensation for her via supplemental claim in November, 2024,” said Marshall. I followed this request with evidence for reconsideration under the PACT ACT in January, 2025. On March 19, 2025, I notified the spouse that she was awarded Dependent benefits retroactive to July 1, 2013, and she later received her retro payment of $185,564.93.”
Marshall advises veterans and their family members to pay attention for legislation passed that may provide further benefits and “be persistent in pursuing your benefits that you earned.”
