312 questions in this forum
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post. What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate? What,if anything, was listed as a contributing cause under # 2? Was an autopsy done and if so do you have a complete copy of it? It can be obtained through the Medical Examiner’s office in your locale. What was the deceased veteran service connected for in his/her lifetime? Did they have a claim pending at death and if so what for? If they died from anything on the Agent Orange Presumptive list ( availa…0 votes31 answers
http://www.google.com/search?client=safari...-8&oe=UTF-80 votes2 answers
My daughter owes the VA education department 2500. She has made 50.00 payments per VA for 10 months down to 2055. She started school July 5 2023. VA never said they would hold her Chapter 35 benefit. She has not been paid for 2 months. She just got a letter today from the VA stating they are holding her benefits until debt has been paid. No one said anything about this. She just certified her attendance yesterday. Need help, ty1 vote3 answers
I know this has probably been asked before, but trying to find things (Regardless of where on the internet) makes my head hurt, so please bear with me. I'm just trying to make sure our finances are in order and make sure my wife is taken care of when I'm gone. This DIC Eligibility is confusing, as I believe it's intended to be. So; I retired from AD in 2004, with an initial 50% rating. My ex gets my SBP. I filed for increases periodically between 2007 and 2009, and was finally found 100% P&T in 2010. Its a combined rating, and none of my SC's are rated above 70% My wife and I married in 2008, so I believe we meet the 10 year "Doesn't have to die fr…0 votes8 answers
Hi everyone. It has been quite some time since my last visit, regrettably. This site is eerily similar to my relationship with God. I seem to only call on him when I need help. Although, Theresa (Tbird) is the closest I’ve seen to an angel on earth. I’m trying to help a friend of my wife. Only, to get her in the right direction to get professional help. Leony has been married to a retired military veteran for more than 40 years, still married, still loving and living together. The retired veteran has had multiple operations recently including but not limited to the heart. He was recently diagnosed with Alzheimer’s. His symptoms were getting serious enough to ove…0 votes7 answers
A veteran who has been TDIU for 8 years dies in a house fire. Is his spouse entitled to DIC? Additionally, if a veteran holds a 100% or TDIU rating for more than 10 years can the veteran die of any cause and the spouse receive DIC?0 votes8 answers
I’m coming up on 8 years T&P and I thought that I read somewhere that they changed the requirement from 10 years to 8 years. Am I misreading some of the information because I’m also seeing it’s still 10 years? Thanks0 votes10 answers
How does a widow establish the right to request and receive her husband's VA medical records? I have the form for records release, and the space where she is to sign as legal representative, but how does she put her legal representative status on record at VA? Berta what did they require from you? I ask you because to get an answer from a clerk could send her down some frustrating paths.0 votes5 answers
I am concerned for the wife of a veteran who passed away recently by suicide. He had a number of advanced conditions, including cancer, and had a history of depression. He was not service-connected for any disability at the time of his death, and no application was pending, not even an intent to file. He was a Vietnam war veteran of the army who served stateside. He served one term of enlistment. Are there any cases where there has been an establishment of service-connected disabilities after a veteran's death, for the purpose of DIC?0 votes12 answers
VA Pensions for Spouses. VA Pensions for Surviving Spouses | VA Benefits for Veterans' Wives & Husbands | theSITREP0 votes0 answers
Spouses husband passed away. Spouse applied for DIC and received it. Husband passed on the day he received his award letter and was rated 100 percent temp. But passed away because of his service connection. Spouse applied for S-VGLI and was denied because she could not prove he was incompetent at the time of death. Husband could not apply for the life insurance because he was awarded the 100 percent rating the day he passed. The policy would be free for 100 percent disabled vets in the amount of $10,000.00 I believe, if they apply for it within 1 year. Since he could not apply would the spouse have any recourse?0 votes7 answers
Nvm0 votes2 answers
Hypothetical question, If I’m 100%disabled would my adult step-son whose receiving DEA benefits while attending college continue receiving these benefits if my wife ( his mother) dies while he still in school?0 votes2 answers
Hypothetical question in regards to DEA. If my adult step son is in college and getting benefits because of my 100% disability and my wife (his mother) would he continue to get paid while attending college?0 votes0 answers
An Overview on DIC for Survivors of Veterans The death of a veteran spouse often brings more unique situations to the surviving spouse then a non veteran's death. Both types of deaths are as equally devastating and there is a lot to do in spite of dealing with the grief. Many veterans here have already established a Death file . We have done SVR shows on this and there is discussion here at hadit as well on that. http://www.svr-radio.com/archives.html (May 5th and May 12th , 2010) This file is a good place for copies of the DD 214/215, info on SGLI Life Insurance and other insurance policies, passwords the veteran uses that the spouse might need for paying …0 votes6 answers
This info is here but the accrued subject cropped up todayt in a post and I want make sure it is easy to find: "Under applicable law, a veteran's surviving spouse may receive "accrued benefits" consisting of up to two years of due, but unpaid, periodic monetary benefits to which the veteran "was entitled at death under existing ratings or decisions, or those based on evidence in the file at date of death . . . ." 38 U.S.C.A. ง 5121(a); 38 C.F.R. ง 3.1000(a). The Veterans Benefits Act of 2003 amended ง 5121 by repealing the two-year limit on accrued benefits; however, the new provision applies only to those cases involving deaths occurring on or after December …0 votes0 answers
This US CAVC case that Tbird posted in the main claims forum involves some of the problems with VA that widows and widowers can have. Oddly enough my accrued claims , all were a battle, but they did not involve the aspects of this case, which every survivor should read,if they had accrued claims with th VA.0 votes0 answers
My husband and I are getting life insurance figured out and things we should have a while ago in case something ever happens to him. We are trying to figure out if I would get DIC if he passed away and how much. He medically retired at 100 percent permanent and total in 2012. We have been married for 11 years and have four school aged kids. Would I get DIC? How long does it take to file the claim and receive it after death? We do have veterans mortgage life insurance in place now. Would I automatically qualify for DIC or is that up to the VA? Thank you!0 votes12 answers
Hello all, I am a widow and I am trying to file a DIC claim, but I need help. My husband died March 21, 2020 from liver failure (primary) and chronic cirrhosis (secondary). There was not an autopsy. He was an OIF veteran, and was rated 100% due to PTSD and major depression on August 12, 2013. His rating was made permanent and total in December 1, 2019, so I know I don't qualify based on the 10 year requirement. However, I believe his death from alcohol is directly related to his PTSD and major depression. I had conversations with him while he was still alive where he admitted as much. He was seeing a counselor to help with his depression, I have some n…0 votes4 answers
https://www.va.gov/survivor-quick-start-guide.pdf Survivors have to use the forms here that apply to their claims. They also might well need to contact NARA for copies of the deceased veterans inservice SMRS and Military Personnel files and they can do that on line with an SF 180- if that info would be needed for their DIC claim or accrued claim. The deceased's C file can still be obtained with a 21-3288, as far as I now ( available at the VA Web site) and I await clarification from VA on how survivors can obtain copies of the deceased veteran's medical records....as that might have changed as well. Survivors must apply for DIC and Accrued within one y…0 votes0 answers
This subject never came up here before, or I forgot if it did ....maybe on the older hadit board- The DIC monthly rate for a surviving spouse with no dependent child is $ 1.340.14. If the survivor ,receiving DIC ,applies for and receives Aid and Attendance the VA adds $ 332.00 to that monthly amount. If the survivor is Housebound, that benefit is $ 155.53, added to the 1,340.14. https://www.va.gov/disability/survivor-dic-rates/#dic-rates-if-the-veteran-died- ( note these are the rates if the veteran died After Jan 1, 1993, the rates prior to that are at the VA web site…0 votes0 answers
I was seeking other info at the BVA and this popped up in the search feature: https://www.va.gov/vetapp19/files8/19166676.txt In part it reads: "The Board finds that the AOJ, prior to severing service connection, did not obtain a medical opinion showing that in light of all accumulated evidence, the diagnosis on which service connection was predicated is clearly erroneous, as required by governing regulation. The evidence does not establish that the December 2015 rating decision was undebatably erroneous in concluding that the primary cause of the Veteran's death was ischemic cardiomyopathy, which is a disease subject to presumptive service connection based…0 votes1 answer
As you all know, the Corona virus has caused deaths of veterans, as well as VA employees. https://www.militarytimes.com/news/pentagon-congress/2020/04/10/va-reports-200th-death-from-coronavirus/ https://apnews.com/2e86b87b7e14a56a95518e8fb4127a4b https://www.militarytimes.com/news/2020/04/24/veterans-affairs-records-400th-death-from-coronavirus/ If a primary cause of death on a death certificate is the Corona virus, then a widow/widower might have to prove that a contributing cause of death ,listed on the death certificate, is due to the service of the veteran. In a case whereby the veteran has had a long standing SC , that is listed as cont…0 votes6 answers
Many DIC recipients are GSW members-I just got this email: "Hello all: Every once in a while organizations are subjects of SCAMS. You can find anyone and anything on the internet and scammers are getting more clever all the time. Sometimes it is a false request from chapter president to the chapter treasurer requesting funds. But this is a new one and please do NOT FALL FOR IT. We would never send out a request like this. Always check the email from the sender. If you have any questions, please contact your officers and ask. Do not ever send money to a request like this!!!!! Here is the wording some of you recently received: Are you available to…0 votes2 answers
None of my former crappy vet reps even knew of this benefit- the older application used to come with the DIC 534, but the forms have changed- https://www.vba.va.gov/pubs/forms/VBA-21P-8924-ARE.pdf This benefit was over $21,000 to me. If your spouse could possibly fall under the criteria, when you die, make sure you have a copy of this form into your Death file-discussed many times at ou radio shows in the Podcast archives. Maybe I will do another show with Jerrel and John in the future on the Death File or the End of Life shows. The REPS Benefit is clearly explained on the form and also is available here at hadit under a Search. REP…0 votes3 answers
Tbird posted an answer to a question,Further Reading from VA.gov
How do I upload evidence online to support my disability claim?
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you’re waiting for a decision on your disability claim, you can upload evidence to support that claim using our claim status tool.
Upload evidence using our claim status tool
Note: For any other type of document you’d like to submit online to us, please use the QuickSubmit tool through AccessVA.
If I filed a standard disability claim, when should I upload evidence?
Upload your evidence as soon as you can.
You can continue uploading documents for up to 1 year from the date we receive your claim. But, if you don’t provide any evidence or give us the information we need to help you get evidence within 30 days, we may make a decision on your claim earlier.
If we decide your claim early, you’ll still have the rest of the 1-year period to provide more information or evidence.
What happens if I upload more evidence after I’ve submitted a fully developed claim?
We’ll remove your disability claim from the Fully Developed Claims program and process it as a standard claim.
If we decide your claim earlier than 1 year from the date we received the claim, you’ll still have the rest of the year to provide any additional information or evidence.
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,If HadIt.com has helped you, please consider helping HadIt.com if you can.
When the site was gifted to Rattler it became a nonprofit. A nonprofit cannot use some of the previous items I used to help finance the site.
Now it all comes out of Rattler's pocket. He will not be able to continue financing the site on his own.
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broncovet posted a question in VA Disability Compensation Benefits Claims Research Forum,Let's begin with the regulation on CUE:
https://www.law.cornell.edu/cfr/text/38/20.1403#:~:text=Clear and unmistakable error is,different but for the error.
The Cue error, therefore, needs to be all these things:
2. Outcome determinative.
3. Based on the records VA has in their possession at the time of the decision. If VA was/is missing critical evidence, consider filing a 38 CFR 3.156 (new evidence) instead of CUE.
4. May be filed at any time, such as after the one year appeal period expired.
What CUE is NOT:
Rattler posted an answer to a question,Let me give you some guidance. But first I have to ask some questions.
Did you file an "intent to file" with the VA. What this means is you filed with the VA saying I want to file a claim for XX. An "intent to file" claim basically says you are going to provide the VA with more information with in one years time. (Service Medical Records, Doctors Reports outside of the VA Etc.)
If you did not do an "intent to file" you filed a direct claim and you have started the claims process. Each can be time sensitive.
Hopefully I can give you a step by step on how to do this.
1. If you have not done so you will need to get your military records including you military medical records.
You need to do this now. You military records can take 1 to 3 Mo.
Your VA records can take 8 to 9 Mo.
Without them you are kind of shooting in the dark.
You need to sign-up with the VA at https://www.va.gov/?next=loginModal .
I recommend you use Login.gov to get your login above the others as it seems to work better than the others
This way you can track you claims, apply for other VA benefits'.
2. Go to the Non-VA doctors that have diagnosed you with XXX and get there medical records. Go through the records and pull out ONLY the ones that say you have XXX and submit ONLY THE RECORS THAT PROVE YOUR CLAIM. I can not stress this enough. The VA people who review your claim do not have the time to read through 500 pages of your medical history to pick out the 2 pages that says you have XXX. This will hopefully speed up your claim.
3. The quickest way to submit stuff to the VA is at this address. https://eauth.va.gov/accessva/#forVeterans . This is why you need to get the VA access through Login.gov.
Use the Quick Submit button and follow the instructions.
This should get you going in the right direction.
Two words to the wise.
1. Do not rely on Youtube or other videos on the internet. There is a lot of misinformation out there. There is a lot of old information that doesn't work in today's VA.
2. When seeking a VSO with a veterans service veterans service organization the first words out of your mouth should be, "Do you have VBMS access." VBMS access is real time access to your VA claims file. There are a lot veterans service organization that have suto VSO that kind of only do intake for veterans service organization. What I mean by this is they are not "VA Certified Claims Agents." they are only trained by the veterans service organization to fill out forms and submit them via fax or mail. Only "VA Certified Claims Agents" have VBMS access.
Please don't hesitate to come hear and ask your questions at Hadit.com