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Dic


Berta

Question

I asked 2 widows to join and wrote a lengthy topic on a DIC overview the other day which I LOST in HYPERSPACE!

:angry:

However these 2 BVA cases from 2010 reflect the DIC regs very well.

http://www.va.gov/vetapp10/files4/1039644.txt

This case was denied and it shows the rationale for that.

http://www.va.gov/vetapp10/files3/1028988.txt

This case granted an award of DIC.

It was hard to find a DIC award under the 2010 search feature and no DIC case came up under 2011.I almost decided to post a link to my BVA case but found the above award instead.

My BVA award does not reveal all of the extensive evidence the BVA had and I also had a VCAA violation,rendered moot by the evidence, so my case would be confusing and these cases are less involved.

It concerns me that it took me so long to find a DIC award at the BVA.

But DIC rests on a specific set of regulations for either direct SC or 1318 DIC and there can be many nuances to these claims.

As I mentioned here before an autopsy can be critical to some DIC cases as it was to mine.

And the VA rests heavily on the exact wording of the death certificate.

Many DIC cases these days need a strong IMO in order to attain DIC.

I didnt include DIC awards under Section 1151 cases here however this DIC case is simliar to my Sec 1151 claim

as to the offset under a FTCA tort-

http://www.va.gov/vetapp10/files1/1008268.txt

If a widow/widower however can gain a direct SC death award under DIC that trumps a past 1151 award ( I have not found a case like that except for mine but am sure there are a few)

then there is always chance that the survivor's legal probate standing will call for a refund of any FTCA offset.

I had to fight VA for almost a year at many levels after gaining DIC under direct SC death so I quess even the OGC is not familiar with this type of FTCA offset refund.(which is clearl;y spelled out in the FTCA and Sec 1151 regulations)

If any survivor ever presents that type of situation here- I will surely be able to show them how I pressured the OGC into respecting the FTCA regulations under 22.04 ,38 USC if they fit into the legal criteria as to their standing in the probate procedures resulting from the veteran's death.

Service reps need to fully comprehend the way VCAA impinges on DIC claims.

A VCAA violation (such as mine was and it was major) which I could get NO support from my former reps about-

can tie up a valid DIC claim for YEARS.

Only if the survivor knows what a VCAA letter should contain for DIC claims, can the widow/widower then overcome the violation with evidence if the VA refuses to correct this administrative error at the VARO level.

I am, sure these recent cases above clearly go into the VCAA ramifications for DIC claims.

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