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Champva And Survivors


john999

Question

  • HadIt.com Elder

What happens when the ChampVA sponsor dies and before the surviving spouse has their DIC approved? Does ChampVA stop until the survivor gets their DIC claim approved? If my wife were to be on Medicare as primary and ChampVA as the secondary medigap coverage and I croak then what? I know the money from my compensation stops, but do all the other benefits to the spouse stop as well until she/he has DIC approved? My wife is entitled to three survivor pensions so to speak. She would be eligible for my SSA, my Civil Service survivor pension and to DIC. The thing is how long does it take for all this to kick in after she applies? Not many survivors just snap out of it in a week and then claim their life insurance and all their survivor pensions. They have to bury their vet and deal with all that plus they might be in grief for a while. The way I see it the survivor can't afford to grieve if they want to keep paying their bills. Now I have some of this taken care of but the insurance thing worries me. One thing I do know is that the vet and the spouse need an emergency fund that will carry them at least 6 months while all this stuff gets worked out. I have the disabled vet insurance which is enough to bury me, but do undertakers extend credit based on the VA insurance? Even if a vet has the grave and headstone paid for by the VA the service and all the extras can come out to $5000-6000. I did take a course in financial planning but I did not get to that specific section I guess. My wife always avoids my talking about what she will have to do if I leave this world before her. She says " John, you worry too much!" Yeah, I have been dealing with the VA for 40 odd years, so I do worry. I think it would behoove her to get one of those medicare advantage plans so she would not be high and dry if I croak and she has to wait for DIC claim.

John

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Veteran lawyer Chris Attig ( a member of hadit) has an excellent explanation here of the appeals process and what I mean by Statement of the Case:

http://www.attiglawfirm.com/move/statement-of-case/

As far as I know this has not changed and with receipt of a NOD, they should send a Statement of the Case, that also has a small window for more evidence to be sent in.

I have no idea how long a DRO review will take.

I understand they are working on my NOD now.

Since they took my stuff off ebenefits, I had to call the 800# and the man said they are working on the NOD.

Then he said the average period for a NOD to be handled is 135 days.

I bust out laughing on that one.

My NOD on a CUE in a 2012 decision has been 'pending ' for 930 days.

Have you gotten a VSO who might be able to tell you more? Every VARO is different.depending on their backlog.

Personally I cant wait to get a SOC. They awarded the CUE I filed but said their was no accrued due me.

Their rationale was absolutely ludicrous. And they have no case law opr regulation to back up what they said.

Edited by Berta
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9 July 2015 update:

I got a letter from the VA service center dated 6/30/15 notifying me that burial benefits were granted and I'd receive a check in the near future. Listed as evidence used to decide my claim is "evidence establishing that the veteran's death was related to his service".

I've received nothing else about my notice of disagreement or DIC claim, but approval of burial benefits for service connected death seems hopeful.

Jo

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Yes it does!

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BIG mail received today...."full grant on appeal", including rating decision by DRO:

"1. service connection for the cause of death is granted.

2. Basic eligibility to Dependents' Educational Assistance is established."

DIC was granted with effective date 10/13, the month after my husband's death.

I'm elated, relieved, sad for what my husband went thru to make this happen, hopeful for my future.

Thank you, thank you, thank you for the advice and support on this site.

Jo

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