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    • 70% residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes after PTSD evaluation residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes rated at 70% on ebenefits awaiting for this letter for the reasoning scheduling a private neurologist to do an evaluation sucks just had one before the PTSD who said nothing about PTSD to bad it was scheduled before my PTSD exam.
    • Of course, its BS.  Dont make the mistake of retalaiting on her.  The best thing you can do is forgive her for whatever wrongs she has done to you.  Take the high road, and leave the low road's of revenge and hate for others.  
    • I agree with L.  Order a copy of your cfile, if you dont already have a current one now.   After you get your decision, you can decide if you want to submit new and material evidence under 3.156, or just file a NOD.  (Sometimes VA has the evidence, but does not read it and just denies it.).   If/when you file a NOD, you should try to Refute their "reasons and bases" for denial, based upon evidence which you suggest conflicts with the decision, in your file, or, that you submitted as N and M evidence.  
    • Been busy, apologize for the tardiness. Currently waiting for my C-file. Until then I am still getting all of my service illnesses taken care of by private board certified doctors by my company insurance I work for.  Some is out of my own pocket for instance the chiropractor and one time specialty physician. So as soon as I get the C-file, I will schedule my appointment with Dr. Steingart, and post my full review of what I know will be the favorable outcome for the IME.
    • Floridanurse, Not sure if you will get anything out of what I have to say, but maybe something will catch your eye. You mentioned teeth grinding in your post. Is it documented in your service medical/dental records?  Here's why I ask, I endured jaw pain to such a degree that it interfered with eating and sleeping. I had to massage my jaw muscles so I could chew my food, during the worst of it.  I went to the medical center a few times, they referred me to the dental clinic where they noted excessive wear on my teeth, but could find no physical causes. They deduced that the grinding and clenching was most likely due to work related stress. Fast forward 17 years and I learned I could claim it, did so, got denied. Filed appeal, got IMO/IME, with nexus letter stating at least as likely as not, citing SMR entries that noted the 4 year history of jaw pain. Denied.  Both times they reasoned that since it wasn't diagnosed as so in my SMR, they would not grant it. However they did grant that it is there and is valid, but is being recognized as a symptom of MH illnesses. Fortunately for me I do not have any SCD for MH. Or not so fortunate for me, but I do have a current DX of MDD recurrent with SI...from the VA, which puts me firmly in the 70% rating. If I had it service connected, that is. For me, though, it may not matter, but for you it may get you a secondary to PTSD claim.





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123trp

Disability Payments After Death

Question

After the service compensated disabled vet dies, does the spouse get the monthly compensation or does it end?

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28 answers to this question

It ends.

The spouse is entitled to the last month of compensation due the veteran

Spouses must file VA form 21-534 to re-open for any accrued benefits on any claims the vet had pending in their lifetime as well as for DIC (Dependency and Indemnity COmpensation for themselves and any children under 18)

They have to continue the pending claim of the veteran for accured benefits-with evidence- as well as prove service connected death for the DIC.Accrued claim is a re-open by th suvivor of a pending SC claim.

Accrued benefits are only payable if the 21-534 was filed within one year after the veteran's death.

I get 1154 a month as DIC -the VA web site has the rates for additional dependent payments.

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It ends.

The spouse is entitled to the last month of compensation due the veteran

Spouses must file VA form 21-534 to re-open for any accrued benefits on any claims the vet had pending in their lifetime as well as for DIC (Dependency and Indemnity COmpensation for themselves and any children under 18)

They have to continue the pending claim of the veteran for accured benefits-with evidence- as well as prove service connected death for the DIC.Accrued claim is a re-open by th suvivor of a pending SC claim.

Accrued benefits are only payable if the 21-534 was filed within one year after the veteran's death.

I get 1154 a month as DIC -the VA web site has the rates for additional dependent payments.

Berta, if the veteran is p&t for 10 years and dies, doesn't his spouse receive his disablity check and all the benefits?

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Berta, if the veteran is p&t for 10 years and dies, doesn't his spouse receive his disablity check and all the benefits?

No-the spouse upon application via a 21-534 would be eligible in most cases for DIC if the vet was 100% SC P & T for ten continuous years prior to death.

That status would also mostly likely continue the spouse's CHAMPVA and Chapter 35 benefits.I get this as a widow due to my husband's SC 100% P & T status

at time of his death (a posthumous award).

DIC is a different benefit. The deceased vet's disability check is gone when they die.The widow or widower is eligible for their last comp check-but must make claim to DIC in their own right and in their own name.(21-534 form)The DIC rate is about half of what the 100% comp rate is, with a little more added for dependents.

These are answers in General-there is a lot more to DIC-we are planning on doing a SVR radio show devoted entirely to DIC.

DIC is not reduced by any other income.

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Berta, not to sound dumb, what is the difference between dic and t&P. I am service connected t&p, i will have the rating including two years of tdiu at the end of this june. Will my wife receive my full check or just a portion and will she receive champva. Sorry to bother you, just want to make sure she is taken care of , she is incapacitated with strokes. Thanks.

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Berta, not to sound dumb, what is the difference between dic and t&P. I am service connected t&p, i will have the rating including two years of tdiu at the end of this june. Will my wife receive my full check or just a portion and will she receive champva. Sorry to bother you, just want to make sure she is taken care of , she is incapacitated with strokes. Thanks.

You can file for A&A compensation for your wife. Send in the medical information that she is incapacitated. You can use a VA form 21-4138 or just sent them a letter.

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