diabetes Smc & Deceased Spouse

[Lzjump]

I have a question hope I make this clear. I was awarded DIC back in June and received the back pay etc, in July I received a letter from the VA stating they were working on my claim. I assumed that it was for the IHD which I had pointed out several times while my claim was in appeals from 2002. Today I called the 800# and the lady told me they had no claim pending and did not show a letter being sent to me in July. My question, when my husband received award letters from the VA while he was living, they always stated the percentages for each disability, when I received my award letter back in June it just stated that Cause of Veterans death was granted. Would the VA have to give percentages to each disablility when they grant a cause of veterans death. Example my husband was granted 20% for DM II but when I filed for Cause of Veterans Death and had proof that he had renal failure and was in the hospital on dialysis for the renal failure due to Diabetes would that not have put him at the !00% for Diabetes and put him in the SMC catagory and given me accrued benefits at the SMC rate?. Also he had a acute myocardial infracture which would be IHD. When he was living he was rated @ 90% with one disablility rated @ 70% and the BVA granted TDIU @100% during my appeals claim. Wondering if I should persue this and would i fall under Nehmar. Thanks

[Berta]

"Wondering if I should persue this" YES!~!!!!

"and would i fall under Nehmar."""" YES!!!!!!!!!!!!!!!

"Today I called the 800# and the lady told me they had no claim pending and did not show a letter being sent to me in July."

They already lost my IHD claim but are working on my SMC AO IHD claim.Maybe IRIS wold give you a better status.

(the contact Us system at www.va.gov)

"when I received my award letter back in June it just stated that Cause of Veterans death was granted. Would the VA have to give percentages to each disablility when they grant a cause of veterans death"

YES-they did this to me too for my award a few months ago.NO rating sheet.

They are not handling widow's claim right- what else is new----

The rating sheets for past decision I got , that they always used to send me- certainly helped me support my present IHD claim.

This is my belief- that the VA failed to take into account the SMC nuances of the new regs.

Any vet with 100 or TDIU who now would be eligible for 60 % or more SMC for AO IHD would be eligible for Nehmer retro for SMC.

Any widow in similiar situation would have basis for accrued SMC under Nehmer.

But the VA does not want us to even know of or think of these things as these SMC awards will be costly.

I bet they made no statement whatsoever regarding any SMC or accrued on your DIC award.

You might need to apply formally for SMC accrued under Nehmer with a proper SC rating for your husband's IHD.BUT it sounds like they pulled your claim as they picked upon the IHD and that might regard the SMC.......

Hard to know yet.....

Do you have a vet rep?

I think the IRIS response might be helpful to you.And certainly a vet rep could check into the whereabouts of your claim.

Many claims under AO new regs are being handled by ROs that are not the AOJ (agency of original Jurisdiction).

[Berta]

"received the back pay etc"

Do you mean the DIC? Did they owe you any accrued benefits? Did they pay the accrued amount separately from the DIC?

[Lzjump]

"received the back pay etc"

Do you mean the DIC? Did they owe you any accrued benefits? Did they pay the accrued amount separately from the DIC?

Yes I did receive accrued benefits for the TDIU which they had calculated incorrectly and it was a separate check. Can I ask for a rating sheet for the Cause of Veterans Death? When I called the 800# , I told them the original ratings and that is what they still show, nothing changed. My thinking and I may be incorrect is that something had to change in the percentages when they granted Cause of Veterans Death which would have put him in the SMC percentages prior to his death and I should have been paid at the SMC rate for accrued benefits. Thanks Berta, once again you are a wealth of information. Sorry one other question, Were you able to get a rating sheet from the VA after they granted you Cause of Veterans Death?

[Berta]

"which would have put him in the SMC percentages prior to his death"

With TDIU for something and then with 60% or more for what should now be any AO presumtpive, that would warrant SMC at the "S" level.

This is due to the

"Sorry one other question, Were you able to get a rating sheet from the VA after they granted you Cause of Veterans Death? "

No-nothing came with the award , not even advising me for additional benefits I was eligible for.

Good thing I knew what benefits they owed me.

[Berta]

"Can I ask for a rating sheet for the Cause of Veterans Death? When I called the 800# , I told them the original ratings and that is what they still show, nothing changed. "

I feel you are stilled entitled to a rating sheet based on the DIC award.Best to request that in writing-however

Do you have the rating sheet for any past awards-such as the accrued award?

In one sense that rating sheet might be correct.

I got rating sheet with accrued benefit award 1997 and then 6 months later I got rating sheets with the 1151 award with a full rating breakdown (which was wrong) 1998 and VA had totally eliminated any mention, diagnostic code and percentage for my husband's fatal IHD (the biggest reason I got 1151 DIC)and the reason I now fall under Nehmer.

Sorry-I have had problems today posting here -and need to try to delete my other post here-

"which would have put him in the SMC percentages prior to his death"

With TDIU for SC disability and then with 60% or more for what should now be any AO presumptive, that would warrant SMC at the "S" level.

This is due to the Bradley V Peake decisions ( discussions here on that case) as well as in your case and mine-due to Nehmer and the new presumptives.

I didnt raise Bradley in my CUE claim as I filed CUE in 2004 on the lack of SMC consideration-in my husband's lifetime as the medical evidence warranted it.This was prior to Bradley.

It could be a point for you to raise -after you read the info here on Bradley-but AO widows are eligible for ALL AO accrued benefits and if the VA should have considered and then awarded SMC and they didnt-that is a CUE.

What is the date of your accrued award decision and the date of the DIC award?

I have 2 separate DIC awards for two separate causes of death.Maybe that is why I didnt get rating sheet with my recent DIC award.

I received no info at all on additional benefits with my recent award and how this award affected them.

Good thing I knew what benefits they owed me. I did get them all but only because I knew what they owed me

"which would have put him in the SMC percentages prior to his death"

With TDIU for SC disability and then with 60% or more for what should now be any AO presumptive, that would warrant SMC at the "S" level.

Do you have a vet rep who can assess your DIC award and those past decisions to seek the SMC potential?