ptsd DIC Granted!

[jamescripps2]

Not withstanding all that came before the decision in this claim, I am telling you that something really stinks with the award! Dic can only be awarded if it is determined that the 10 year rule has been met, obviously not the reason in this claim, or that the vet died as a result of a sc condition or a contributory factor thereof. If it is determined that the demise was indeed caused by sc condition, then DIC is in order and the award for sc cause of death should have been Necessitated at a100% P&T award, because the condition killed the guy!   

Chapter 35 benefits would be in order in that award. The entire chapter 35 package, to include CHAMPVA for the spouse and child along with education benefits for both.

Berta, as Alex chimed in on this one or is he confined to the greenhouse courting the silver queen. I think that if Alex opened his window, he could smell the stench from this decision too..

[Berta]

James, if you feel that VA erred in the award, or committed CUE in the award, by all means let us and Page know how.

I posted the CHAMPVA and DEA (Chap 35)regs here again this AM.

We have not seen the award letter here as far as I know and we don't know yet if DEA and CHAMPVA were awarded.

 

Edited October 20, 2016 by Berta

[jamescripps2]

Asknod, what is your take on this one?

That is just my point Berta, You posted the chapter 35 regs. From what I understand, Page says that she was awarded DIC, CHAMPVA benefits which are awarded along with DIC would cover not only her but her dependent son also. The comment from her VSO as follows also troubles me.

Also, I asked the VA if my son and I qualify for health benefits and educational benefits and was told no since my husband wasn't 100% before he passed but I could always try going to a VA Hospital to talk to them to them personally???? He said there's always ways around it. ????

What is wrong with this picture, it stinks to high heaven?  If Page was awarded DIC in the end, Her husband must have ended up being awarded a SCed 100% P&T after his death. For benefit purposes it makes no difference whether the 100% was awarded before or after the death of her husband. The effective date of retro upon the favorable DIC grant would be dependent upon whether she applied for accrued benefits or actually signed on as a claimant substitute.

I sure would like to see Alex weigh in on this one. Maybe he will come along.

·

[Berta]

Thanks-I forgot she was definitely awarded the CHAMPVA and DEA benefits.

I feel their decision was correct based on all the posts here from Page.

 "The effective date of retro upon the favorable DIC grant would be dependent upon whether she applied for accrued benefits or actually signed on as a claimant substitute. "

As far as I know there were no accrued benefits payable, not any claim for substitution, nor a better DIC retro date because of the accrued regulations and the DIC regulations.

Those regulations are here under  a search.

I received accrued benefits in 1997 and in 2012 and also 3 separate DIC awards,using the date of death for the EED.

These are a few of probably hundreds of posts on these issues:

http://community.hadit.com/topic/54520-overview-on-dic-for-survivors/

http://community.hadit.com/topic/53472-failure-of-duty-to-assist-accrued-benefits/

http://community.hadit.com/topic/25906-disability-payments-after-death/

http://community.hadit.com/topic/48652-substitution-regs-for-veteran-survivors/

This is why I have been suggesting here from time to time to get your spouses up on using the internet, and also they will need to be up on the DIC regulations to include accrued regulations, and substitution, when you die.

And if you have any life insurance, tell the spouse to save some of it ,after you pass, because many DIC claims need an IMO unless they are pretty cut and dried as to the DIC criteria.

 

 

 

 

 

Edited October 21, 2016 by Berta

[jamescripps2]

Not knowing any more about this case than what Page indicated in the posting, my suspicion is that the decision probably was correct but the explanation by the VSO about the lack of  medical and educational benefits for the son just do not make any sense at all.

 

 

[Berta]

This is correct, as James said, if within one year after death.

 

 "The effective date of retro upon the favorable DIC grant would be dependent upon whether she applied for accrued benefits or actually signed on as a claimant substitute. "

I read over everything again here--- quite a bit and Yes Page did apply for accrued and substituted herself as the claimant.

But as far as I know there were no accrued benefits payable.

I get the point that if a vet dies due to a SC, they obviously should be 100% at death DUE to the SC. 

But I had support a claim for 100% SC under the 1151 claim.( SMC CUE award 2012)

For the DMII AO direct SC death due to diabetes mellitus contributing award,(2009) the VA never rated the DMII at all because it had been so poorly malpractice on.

My Vet reps never even heard of the REPS program -Restored Entitlement---

and REPS paid me about 20 thousand. The REPS program is available here under a search. It has always been part of the DIC application....usually the last page. 

For their more recent 2010 AO IHD contributing to dead award they awarded 30% under direct SC for 6 years and never mentioned this was also an 1151 issue.

I think James and I are looking at this logically but VA does not have the word logic in any reg or M21-1MR...nor are they required to use common sense.

...I just caught your recent post James.

"but the explanation by the VSO about the lack of  medical and educational benefits for the son just do not make any sense at all."

Many if not MOST VSOs dont have a clue on DIC and the ancillary benefits.

They dont get as many claims from survivors as from veterans themselves, but they had the same training program I took from NVLSP (although I never went to the seminars they did)

so they should know or at least take the time to check the DIC regulations before they attempt to help survivors.

 

 

 

 

 

 

 

 

Edited October 21, 2016 by Berta