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Berta

DIC claimants- a 'Read First'

Question

We have gotten here, from time to time, some difficult and often convoluted DIC claims.

And even some 1151 DIC claims, which are often difficult to succeed in as well.

There are some things it pays to clear up with the very first post regarding these types of claims.

When did the veteran die?

When was the DIC application filed?

Was an accrued claim filed (only needed if the veteran died with a claim pending at death) and when?

Was a substitution form sent to the VA, to substitute as the claimant for the deceased?

What is the next of kin's legal  standing for the substituted claimant? (Usually the spouse)

What was the Primary cause of death as well as the secondary cause on the death certificate?

What was the veteran service connected for in their lifetime?

Was an autopsy done and if so, did it differ from the cause of death on the death certificate?

A few DIC claims we have received here over the years involved too much rhetoric. Va won’;t read all that and the advocates here don’t have time to read it either.The VA knows survivors  are sad and probably in a severe financial situation if we depended on the veteran’s SSA and/or compensation checks.

 But filing for DIC should not involve anything but the facts of the claim.

I know it is horrible to even have to file a DIC claim, because it means a spouse has died. Maybe they left a death file of their hadit password, and other info in it that the survivor will need- birth certificates of any minor children, proof of marriage , even if the VA already knows there is a spouse, a raised seal copy of the death certificate, a copy of any autopsy that might have been done, copies of the DD214 and DD215 if applicable…..and, if I forgot anything here, the VA will advise what else they need.

The survivor will need to obtain a copy of the deceased veteran’s VA medical records, and/or any private records as well as the veteran’s C file copy.The VAMC which treated him/her should have the medical records available and most if not all VAMCs have a Records Access Officer who can provide a brief form to fill out for them.The regional office , if a claim was pending at death, should have the C file that you can request a copy of. If they do not have the C File, they will advise you where to send the request to, as sometimes , they can ‘retire ‘ a file to St Louis.

All of the ways to attain DIC are here in this forum, but something maybe not here is contested DIC claims.

This would be a claim by a wife/husband  of a divorced veteran whose minor children might be with their mother.

Of course there have been DIC claims by two spouses at the same time.

The VA determines from evidence who is the actual legal surviving spouse is.

Veteran's same sex marriage survivors are also eligible for DIC, if the medical evidence warrants that, and all other  VA survivor benefits,as long as they were  legally married and were married for at least one year prior to the veteran's death,and can prove a successful DIC claim.

 

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Ms berta

Do you know if the spouse of a 100% rated Veteran  10 years and longer can get DIC No matter what the veteran dies from? 

Some Veterans have  ask me if they have there S.C. 100% Disability for ten (10) concurrent years   then if they die from other than their S.C. 100% Disability can their spouse get DIC?

Does the disability need to be the  one they had S.C.?

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Also Ms berta

I have a question

I have been dx with Sleep Apnea and I use a C-PAP to sleep...approx 18 months ago

I never have filed a claim for it but I think its due to or related to my PTSD Meds 

The thing is I don'r have any OSA medical records while in the military, I was DX with S.A. after I started taking the PTSD Meds.

So I could file for S.A. secondary to my PTSD Meds if I can get a Dr to give a nexus to the secondary part  as related to?

...but so for no VA MH Dr will help me out with that   they say its not there Job  go see the DAV  to do claims...they decline to fill out a DBQ for S.A.

 i Could pay for an IMO  private....but they are expensive  one of my reasons I never have filed.

but anyway I know there's no more Comp in it for me  but I was thinking if the Sleep Apnea was S.C. then if that is what gets me(KILLS ME)  then it would make it easier on my spouse to get the DIC.

I been 100% TDIU P & T  For 15 years and  two of those years a 70% PTSD S.C. Rating with SMC S & K

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https://community.hadit.com/topic/19237-please-clarify-if-dic-is-for-100-vets-or-only-for-100-pt-vets/#gsc.tab=0

 

The 100% must be a continuous ten year rating.

The BVA under a search for DIC claims, consistently makes the point that the 100% award must be “continuous” until death.

Even if it is not a Permanent 100% total award , after ten years at 100% , death of the veteran  makes the award Permanent in the veteran’s lifetime.

A few widows/widowers have claimed CUE on the lack of the ten year rating.

This is one that was awarded:

“ORDER
 
CUE being found in the June 1993 rating action, it is revised to 
reflect that a 60 percent rating for the Veteran's lower back 
disability is assigned, effective from April 9, 1992. 
 
CUE being found in the November 1995 rating decision, it is 
revised to reflect an award of TDIU benefits, effective from 
April 9, 1992. 
 
DIC under 38 U.S.C.A. § 1318 is granted.”

That type of CUE award definitely does not happen too often.

 

https://www.va.gov/vetapp10/files6/1047340.txt

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