I Downloaded A Copy Of Dic Form

[john999]

The DIC form is also a form for widows pension. If a spouse is only claiming DIC does she have to provide all that income and asset information? I see request for information about the claimants former spouses asking for dates of marriage, divorce, death etc. I guess that is all necessary. I am going to try and fill this thing out for my wife in advance. I did not think DIC had anything to do with the income of the surviving spouse? The form I downloaded is 12 pages long and confusing. My wife would need help from someone with expert knowledge. She would take one look at it on her own and just give up. That is bad because she has to apply for my civil service pension as well. What do you do with people that just don't want to face reality?

John

[john999]

Regarding these matters my wife has a way of avoiding making any plans. If she has a plan for dinner that is a big deal. I worry, and she is "Don't worry, be happy". I have life insurance she has none. I have pension, she has none. I dragged her to the lawyer to make a will and do POA, living will etc. She never would have done it on her own. I bought a sophisticated security system and she does not use it unless I am there. When I am gone I make her swear to turn on alarm!!! I wanted her to learn how to use a pistol just in case, but she is afraid. It gripes my ass when I try and help her and she rejects the help. If I could die, and then come back and do all the stuff for her that would be great. I did get her to buy an annuity that will pay her a sum for life instead of blowing the money in her IRA which is not large. We just think differently about security now and beyond.

John

[georgiapapa]

John,

I am probably wrong but I do not see a need for an autopsy for a veteran who has 100% P & T for more than 10 years unless foul play or negligence is suspected. After 10 years at P & T, you don't have to prove cause of death, you just have to prove the veteran is dead.

I applaud you for taking the initiative to preplan the actions your spouse will need to take upon your death. Fortunately, my wife and I saw what our parents went through without proper planning and we have tried to cover all of our bases in the event of each other's death. We had an estate attorney prepare wills, financial POAs, advanced health care directives, and we have received counseling on what to do to protect our assets from medicaid in the event either of us have to go into a nursing home. I have also prepared a notebook for my wife containing important info she will need in the event of my death along with some step by step instructions on what to do and who to contact. As I told you before, my biggest planning mistake was not taking out long term care insurance while I was still healthy.

P.S. - I am going to send you a PM regarding OSA surgery.

[john999]

I think Berta said there was some kind of advantage for even vets who are P&T for 10 years to get death SC'ed. I think it involves accrued benefits. I am not even sure what that is exactly. I got LTC insurance for my wife and myself before I retired back in 2000. Because I had three relatives in nursing homes I got it. Now I can't even get life insurance due to my disabilities that are recognized. Have you checked every option regarding the LTC insurance? I was turned down by the federal LTC program, but got it via MetLife in a private policy. Just as good if not better than the group plan OPM was selling. You are 100% vet so the VA must provide LTC for you. If your spouse is healthy then she can get it. It is expensive the older you get. Mine costs us about $3000 a year for the both of us . I was about 50 when I got it. Mine is for five years and so is my wife's. I know you want to protect your spouse in case you end up in LTC. You must protect yourself as well because Uncle wants you to go out of the world the way you came into it.....naked and broke. I assume my wife will out live me but who knows. She refuses to see doctors or dentists. She is a hard headed Yankee from Maine. "If it ain't broke, don't fix it" she says. Yeah, just wait. I will be feeding her mush in a home in as sorry shape as I am in now. Thanks goodness we do have insurance.

When my aunt and grandmother ended up in nursing homes I hired Elder Care lawyer to help with the medicade thing. There is a three to five year look-back period to see if you have transferred assets to get medicade and avoid paying for nursing home care in Florida. My aunt had the ability to pay for her care, and she also got help from the VA because she got DIC. My grandmother got medicade after every dime she had went to pay the nursing home. My mother died waiting for A&A because she was in a nursing home, but she could also pay. She had about 300,00 sitting in the bank, but her house was in a life estate for my brother so they could not force her to sell it. She only lived about five months in the home due to their negligence. I sued them for half a million bucks and got about 60% of that after the lawyer took his cut. I did my best but they were all stubborn and my aunt and mother had dementia so that was no help. I had all the POA's etc. but it still got screwed up by evil sister (lawyer) who wanted estate funds before taxes were paid. I ended up in court over my mother's living will and my greedy sister's wanting all her money, my money, and my aunts money as well. You know that beneficiary statements are stronger than wills, so all your accounts and assets that have beneficiary rights need to be updated. I am sure you know all this, so I will shut up now.

[georgiapapa]

John,

I have not been able to find any company that would sell me LTC insurance due to my Cancer and IHD. If you hear of one, please let me know. Even if I found a company, the cost would probably be too high.

I still have the Veteran's Home which is about 20 miles from my home. When I was a U. S. Marshal, I had to serve papers on veterans at the Veteran's Home a few times. I don't know why but the papers were usually from Germany and German nationals were filing for divorce from the vets.

We are working with an attorney who specializes in medicaid planning and asset protection. We are aware of the 5 year look back period for Medicaid and we will be taking steps far enough in advance to protect our assets from Uncle Sam.

I am sorry to hear about your problems with your sister. Greed seems to bring out the worst in people.

Take care.

[Berta]

I sure commend any veteran who starts planning in their lifetime, for the way things should go after their demise.

John stated:

"I think Berta said there was some kind of advantage for even vets who are P&T for 10 years to get death SC'ed. "

With a continuous 100% P & T rating their spouse would be eligible for DIC.

But I think maybe I meant that, even with a 100% P & T rating, there is always the possibility that they could be eligible for SMC as well,and have a p[ending SMC claim at death, as worse case scenario, another claimed disability on top of their 100% could become a 1151 "as if" SC award.

"I think it involves accrued benefits. I am not even sure what that is exactly."

Accrued benefits derive from any claims the veteran had pending when they died, and that the surviving spouse continued, after their death. These days it is possible to "substitute 'themselves as the claimant after the vet dies.

My accrued claim was in the days when a widow had to start from scratch to support the deceased veteran's pending claims.

Accrued benefits are only paid to successful substituted claimants (except for Nehmer claims) if the DIC app is filed, and accrued benefits are requested within one year after the veteran died.

These two points come together this way:

My husband died with a TDIU claim (he was 30% SC) for PTSD pending and a Section 1151 claim pending.

AFter he died I pursued these claims . 100% P & T SC for PTSD was awarded to me as an accrued benefit.

DIC under 1151 was awarded to me at that time. (due to my FTCA wrongful death case)

Because I had applied for accrued benefits within one year after his death, the VA ,about 18 years after he died, awarded me accrued for his IHD under Nehmer ( even if I had not filed for accrued they would have made that award under Nehmer)

but also when they resolved my SMC CUE claim. they awarded,

18 years after his death (20 years after his 1151 stroke) 100% P & T under 1151 for the Stroke ...that retro was far larger then the IHD award.

Because he was 100% SC for PTSD, and 30 % for IHD, with SMC HB rating, the additional 100% under 1151 was paid to me.

I have a Cue yourself claim in progress that I posted here because the VA erred. They only paid me 100% 6 months retro under 1151 and the significant medical evidence they had warranted 100% for almost 2 years.

My long point here is what my husband said the day he died.....'if they kill me , get everything you can get'

and I said 'Oh Honey the VA isnt going to kill anyone.' 4 hours later I was doing CPR on him and he died while I did it.

It is unusual if a 100% SC P & T vet dies with a pending 1151 claim as well regarding a disability separate from the SC one.

When that happens however, and if the survivor succeeds on the pending issue, the proceeds under 1151 as far as I know, cannot be combined with anything else.

I have a 1151 claim pending as well on something else....I am not sure how VA will handle that one but it will teach me more on how these claims can work.

I do know, and have posted the reguilations here somewhere from M21-1 MR that a survivor,under accrued can get 100% retro under 1151, even if the VA already paid the veteran 100% direct SC, for a separate disability.

I dont know how that works for a living vet.

I got a local vet 100% P & T plus SMC under 1151,long ago for cancer but years later I urged him to re-open under Nehmer as his 1151 cancer was also AO presumptive and he didnt understand what I meant and he didnt want to do that.

I have never found similar cases at the BVA or CAVC so I only have my own award letters to support what I say here as to accrued in a case where there is 100% SC plus 100% "as if SC" under 1151 and VA must pay for both claims.

VA never made any rated on my AO DMII death claim award.

They did find it substantially contributed to my husband's death.

DMII was never diagnosed or treated by the VA but their decision was the most important one I ever got.

There is no honor in a death by VA. There is plenty of Honor in death due a SC disability.

There was no accrued benefit payable,on my DMII claim, but I did get my FTCA offset refunded, after another battle.