ptsd A Warning As To Dic Claims

[Berta]

"Based on my recent decision, and a phone call from the director of my VARO, I assume I am not just an isolated event, and that VA can and will try to pull this bull crap on any one's eventual survivor.

Whether you have a 100% SC rating or not,

whether that rating remains in your lifetime until your demise,continuously by all medical evidence,

whether you have evidence that the rating is Permanent as well as Total,

And

whether that disability has caused or contributed to your death by Death Certificate and/0r autopsy-if an autopsy was done

your survivors can be DENIED DIC,

accrued benefits,

CHAMPVA,

Chapter 35

and any other potential state or county tax exemptions etc etc.......

......if the VA can deem that 100% disability ( or TDIU solely for one disability) as total when you die, but somehow NOT Permanent in your lifetime and at time of death.

Death makes any 100% SC disability Permanent in a veteran's lifetime."

This is copied from my post at the End of Life topic in claims research.

Of course this "reason" for denial of 16 additional months of my accrued benefits, came from the Director of my RO in a phone call.

The decision has no reason.It just says no additional accrued amount is owed.

I got 6 months of the accrued in 2012 but filed CUE as they failed to rate the veteran's residuals of a 1151 stroke.

The decision rated the residuals at 100% and properly awarded the 100% for the entire 22 months ( 100% plus SMC and 2 dependents)

but I never got the additional 16 months owed to me.

And VA Chief of Comp ( Quality Review Team) told me the PC screen was reading awarded and sent the entire amount ---22 months accrued.

He said the fact that I didnt get that 16 month payments must have been a finance error.

Yet the director says I wont get it. Because the veteran was not Permanently disabled by his 1151 stroke.

ALL of my evidence they refuse to read says he was Permanently disabled by this 1151 stroke.

My evidence is impeccable. And Permanency should not even be an issue.

His 30% SC for PTSD was raised posthumoulsy to 100% P & T .

Death makes any continuously standing 100% award -Permanent.

1151 are rated exactly like SCs are. My 2012 award proves that.

I have made this point here many times recently.

Perhaps I am the only survivor who VA has ever tried to pull this bull shit on.

or perhaps this is a brand new VA policy (not supported by any regulation whatsoever)

that ROs will start to use to deny survivors claims.

So Try all you can to get the Permanency designation in your lifetime.,if you are TDIU or 100%.

( which my husband DID get by C & P exams, NYS student loan waiver, Voc Rehab statement , and even in a letter from a former VA Secretary, among other evidence they have.regarding his 1151 stroke)

And make sure the spouse knows the evidential regulations in 38 CFR and M21-1MR pertaining to DIC and accrued benefits.

They are all here at hadit.I have posted them dozens of times.38 CFR 4.6 is the most important one we all have....whether veterans or survivors of veterans.

[Philip Rogers]

I know one of the guys in my Vets Group got implants and that was about 15yrs or more ago and that's in rural VT. Good luck, John!!! Go get 'um!!!

pr

[Pete53]

VA wants to pull all my teeth and give me denture. My Fee Dentist says I need 3 implants a bridge and 2 crowns and I will be good as new. I told VA I do not accept the VA plan and I wnat to do what my fee Dentist said I need to do. Waiting to hear back

[Chuck75]

"VA wants to pull all my teeth and give me dentures." That's a favorite VA option, and it's much less costly than implants.

Good luck in getting them to pay for implants.

[Berta]

As my original topic here showed, VA was trying to say my husband;s 1151 stroke was Not Permanent at death, and therefore, per the director, by phone, this was why I was denied additionall accrued.

She has backed off on that ridiculous reason.I am exhausted from dealing with that issue and wonder how many other survivors were denied DIC or accrued due them ,with a phone call like that.

According to the VA decision on my CUE, the full amount of accrued was paid by VA.

As per some Chief at VACO Compensation (QRT)

Now all I have to do is find out who they paid my money to.

I asked the IG who do I contact...the FBI or the US Attorney?

I got another phone call yesterday from the Director and now she has a new reason for why I was not paid.

No reasons or bases at all appears in the decision because it says I was already paid the full accrued amount.

Since VA will NOT document those reasons,( and she calls me up to tell me the 'real' reasons)I told her I now completely believe that I am a victim of some sort of VA fraud.

And of course I do have proof that this director manipulated the Oct 2012 NOD filing date to April, 2015 so that a NOD pending for almost 3 years does not show up on the books.

This RO, in IG reports consistently has had a high error rate in their decisions.

IG only reviews about 100 decisions each time they go into a VARO.

I am quite sure that error rate is much higher than the IG would ever know about.

Edited July 30, 2015 by Berta