Champva And Survivors

[john999]

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

[Berta]

one more thought:

"My husband was diagnosed with two primary cancers on the same day, larynx and lung. The MD reports state they were two different primary cancers, not one metastasized from the other. Lung cancer is a presumptive condition from ionizing radiation exposure. They conceded radiation exposure during his service. "

Can you attach a copy of that report here (cover personal names etc)

This doctot might be willing to prepare a more detailed report as even if the lung cancer contributed substantially to his death, they should have awarded DIC.

With that report perhaps you could contact the Coroner or ME (Medical Examiner) to have the death certificate amended to show lung cancer as a substantially contributing factor to death.

As long as the regulations show lung cancer (without any specific types that could rule out service connection) is presumptive, then with an amended death certificate and additional medical info from the MD, that could help award the DIC claim.

Was the MD a oncologist?

Edited November 16, 2014 by Berta

[Gastone]

John: Not a topic that has been overly addressed. You are already familiar with the SC cause of death and the 10 or 20 yr 100% SC and death.

Just recently we buried my Bro-inlaw, spent 21/2 mos Detroit VAH Hospice. He was not SC, receive VA Pension as Nam Era Vet. Direct pickup and Cremation with no Funeral was $1600.00, with the Michigan Cremation Society. My wife had to pay for his cremation and burial and submit Form to VA for whatever the current Death Benefit is.

As for your wife, she continues her Champva and DIC as long as she doesn't remarry. If the time comes that she is in need of Aid and attendance or Nursing Home care, she is eligible.

All the nursing homes in Michigan that I have looked into offer Veterans and their spouses VA benefit information packages. My mother in-law was denied VA Nursing home benefit of approx $1500.00 per mos due to remarrying at age 79. This is just a thought, I advise a few Nam Vets I meet with to fill out all VA claims and have them ready to file. I think this might not be a bad idea for you to consider as well. If you take the "Dirt Nap," she's going to have her hands full. What ever required "Vet Surviving Spouse" bennifit claims forms could be completely filled out and signed by her, just waiting for that "DATE." As with all VA correspondence, send it US Mail Cert Receipt Requested.

If it just so happens that you croak in a VAH, the VA medical Center has a Dept Called "Details" that handles helping Survivors with the final details of the Deceased Vet. This assistance includes completing Survivor's claims and getting your US Flag. They'll put her in touch with a VFW unit if she wants Rifle Salute and Honor Guard for a Funeral.

I think the total cost of Bro in-law about $3K. He was buried alongside his dad, cemetery charge $650.00 to dig hole for urn. Minister and Brunch took up rest..He could have been planted for free at Mi Vet Cemetary. The VA will provide an inexpensive gravestone and US Army Madallion for free, Cemetary will probably charge another $300+ to "professionally" install Stone.

Semper Fi

Gastone

[Gastone]

PR: My Dad always told me that if I came into his house on the 25th or later and found him dead, to leave and come back on the 1st of the month. He did not want the SSA getting his $'s. He was a WWII Vet that was considered "Notch" babies born in 1927 & 28. They ended up getting screwed out of a couple hundred dollars a month in SS Benefits. He and my father in-law always had bad feeling toward SSA till the day they passed.

Semper Fi

Gastone

[john999]

My wife should get $1473 because I have been P&T for 13 consecutive years and we have been married at least 8 years before prospective "dirt nap" is she out lives me.

She will get about 40% of what I get now for the both of us. Now this is chickenfeed. Fortunately, she also gets survivor benefit from SSA and from my Civil Service job (30 years credit). Many surviving spouses get much less and if they have debts such as a mortgage it will be hard. I think DIC should at least provide 70% of what vet was getting. Not many can easily take 60% pay cut and pay their bills. Having some experience in financial planning I suggest vets who have any assets to buy an annuity for their wives that the wife can draw on if vet croaks. The thing is the system we have goes the whole nine yards for people with assets, and craps on people who don't have assets. IRA's and 401-K's can be converted to annuities that will pay forever. First, of course, you have to have an IRA or 401-K. Only small percentage of Americans have significant retirement assets besides their house which they have to live in unless they want to live in a cardboard box and rent or sell their house. If you have something in vicinity of high six figure assets besides your home you can pretty easily generate $40 grand a year just in dividends. You get special tax rates and it does not count against your VA compensation. Your SSA will get taxed but since that is also chickenfeed it does not really matter. The thing is you must start investing very early or get very lucky if you are average American who does not make $250,000 a year. I did consult with money manager recently. He found preferred stocks safer than bonds that yield over 6% whose dividends get special tax treatment. All this is out there but few people know about it. If you actual tax rate is 15% or below you don't even have to pay capital gain tax when you sell stocks, real estate or other assets. This is hidden from the public because the public is constantly in a panic about this or that. Warren Buffet pays a lower tax rate than a long haul truck driver. Teach your kids and grandchildren to save and invest. The best gift you can give them. Off topic a little but on topic when you consider many single, and older spouses have to work until they keel over because their only money comes from SSA. DIC is the gift that keeps on giving." Pensions??? We don't need no stinking pensions"

John

[atomicwidow]

Berta,

Thanks for your work. Answers to your questions:

- All medical records are from private providers, he had no VA care. Local doc sent us to Seattle to a major medical center for definitive diagnosis. Diagnostic imaging (PET scan) found the 2 cancers. 2 MD specialists there were involved: an ENT (head and neck specialist) and a pulmonologist (lung specialist).

- Date of rating decision/denial is 8/6/14; the cover letter with the decision is dated 8/11/14.

- There was no claim for accrued VA benefits pending; we had only 5 weeks from diagnosis to death. We did get the RECA claim going in that short time.

- I filed the DIC application dated 3/27/14 via a local Vet Service Officer/advocate; that office mailed it. I have a copy. Attached was the DOJ letter approving the RECA claim. No medical records were attached to the DIC application. BTW, that VSO's response to the denial was, "they got you on a technicality" and felt it unlikely that sending medical records in an appeal would help, but offered to support me if I wanted to try.

Regarding the VCAA letter: this confuses me. I've saved copies of all correspondence sent and received. It appears I've never received a VCAA letter asking for additional evidence. I got brief form letters dated 4/10/14 and 4/13/14 stating:

"We are now in the process of deciding whether additional information or evidence is needed. If we need anything else from you, we will contact you, so there is no need to contact us in the meantime."

I'd heard nothing for 2 months so I inquired online. A letter dated 7/3/14 from the IRIS Response Center said they couldn't access the records with the social security number I provided. They directed me to the VA Pension Management Center. I spoke with a rep at the Pension Mgmt Center who advised me to send them official documents verifying my husband's SSN. I got those from our local social security office and faxed them on 7/25/14. Then I got the DIC denial dated 8/11/14.

That's my story so far.....ugh. I'm not yet resilient from grief but I am tenacious :-)

[Berta]

"BTW, that VSO's response to the denial was, "they got you on a technicality" and felt it unlikely that sending medical records in an appeal would help, but offered to support me if I wanted to try."

The VSOs response seems absurd........

Widows can be VERY Tenacious. It is a good quality to have with dealing with the VA.

Agent Orange veterans would p[robably not have AO presumptive regs today if not for 2 women, Maude DeVictors, former VA employee and Beverly Nehmer, widow who prompted the AO Nehmer Class action.

technicality????? I don't see a technicality issue in the decision at all...

what I see that they still need is medical evidence of the two primaries and/or a strong statement that the lung cancer contributed substantially to death.

Or the Death certificate could be changed to reflect that.

Maybe the rep knew right away that the VCAA letter was illegal (I cant tell here) and if it was that is a technicality that could be raised on Appeal BUT the rep should have questioned that right away.

An improper VCAA letter,that is detrimental to the claimant,veterans or their survivors, will put any claim onto the hamster wheel of a long appeal process.

Edited November 16, 2014 by Berta