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Survivors- a Must read


Berta

Question

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 ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.

Many years ago I tried to find a widow’s past  posts here, as she had returned to hadit with more questions on her DIC claim..

I googled -DIC Berta hadit and her name- and many links popped up, some from VBN (YUKU) where a widow has complained at YUKU that she got no help from me because I asked her too many questions at hadit.

Fortunately some VBN members advised her that I understand DIC in and out and I asked probably the same questions any VSO or vet rep would. And maybe  asked some the vet reps didn’t even think of.

DIC can become a very complex issue , and only by asking questions  ,can we possibly direct any survivor as to what they should do.

By “we” I mean others here as well as me  because all vets with a spouse need to get up to speed on DIC.

Others will get a chance , with the  two issues on the board today One is DIC,  and one might become DIC at some point but that vet is still alive.

Many DIC claims fall under 100% SC P & T for ten continuous years.....easy to succeed in

A few are Section 1151 death issues. Difficult but not impossible to win.

The rest usually involve proving that a SC disability caused or contributed significantly to death,....not impossible but difficult too sometimes.

And if the DIC claims are not based on the ten year DIC regs, the survivor may also definitely need a strong IMO.

 

 

 

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Just an FYI. If a Divorced  Pension Vet fails to remove his X Wife as his "Next of Kin" she will receive a 4 or $500.00 Death Benefit, deserving or not. Semper Fi

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I didnt know that one Gastone....I need to go over the DIC forum---because nothing has changed, regulation wise, but there is a lot to it...

The worse case scenario on DIC is a contested claim because the vet might have more then one wife but never divorced any of them....:blush:

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Mrs B, when I contacted the VA regarding his X getting a  payday from his death, I was informed he never took her off as his next of kin. They'd been divorced about 3 yrs when he Died.

The VA rep said that because of the amount, the VA wouldn't try to get it back, even though she really (being his X) wasn't entitled to it.

Semper Fi

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Just add to this this thread.

The VCAA (aka the 5103 waiver) -for survivors, MUST comply with the Hupp CAVC decision.

http://httpswww.va.gov/vetapp13/files1/1302594.txt

The above Remand is just one of MANY DIC claims in which the VA failed to give the widow/widower their proper rights under the VCAA, regarding the Hupp decision.

This does not account for many survivors, who might be PC illiterate, or have a lousy vet rep,and who will just walk away from an initial DIC denial and never even appeal it.

My VCAA rights were violated in 2009 and I asked the BVA to remand to establish those rights.

The BVA agreed with me and granted the claim, stating the violation was mute because my evidence overcame the violation.

My State VSOS and even their director in writing, would NOT support my request for a proper VCAA letter.

My state VSOs and their Director were gone not too long after I complained to the OGC.

If your spouses do not know how to use a PC ,and do not get a legal VCAA letter, their DIC and accrued claims will be denied.

 

 

 

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And this widow's claim is exactly what I mean.....

ORDER

Entitlement to service connection for leukemia for accrued benefits purposes is denied.

Entitlement to DIC benefits on the basis of service connection for the cause of the Veteran's death is denied.

Entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1151 is denied.

https://www.va.gov/vetapp15/files2/1515238.txt

The  claims were not properly presented and it was obvious the widow did not have any idea what to do,

in part it reads:

"appellant has provided no objective evidence to support her contentions. The medical records clearly document the onset of the disease and the treatment until the Veteran's death. The difference in whether the leukemia was referred to as CML versus CMML appears to have caused no delay in the treatment of the Veteran. Moreover, there is no objective evidence of record to show that any treatment provided to the Veteran was incorrect based on whether the diagnosis was CML or CMML. The Wichita VAMC staff review and VHA opinion considered that possibility in concluding that the Veteran died from his disease and that there was no misdiagnosis or untimely treatment. The appellant has been afforded several opportunities to provide objective evidence to the contrary but has not done so."

 

The claim had been vacated by the CAVC with a attorney representing her. But she was lucky to get the vacate order as it opened the claim  up for more evidence,and she went back to the BVA or to the VARO but did not have any attorney at that point and had no idea what to do........as to obtaining  what the VA needed.

This could have definitely become an AO claim, even possibly under Nehmer , yet the widow seemed to have her own idea as to the 1151 and AO issues and unfortunately this claim has been denied.

Also sometimes a claim's worse enemy is the claimant themselves.

Survivors often do not have a clue on VA 101. And that is because they do not use the internet and.or come here or to any other VA claims site.

I know this claim had a chance but so be it.....it was denied and I wonder who her lawyer was at the CAVC, and if a real vets lawyer,maybe she did NOT follow his advice.

He certainly should have suggested an IMO and the full autopsy, if one was done.

 

 

 

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