DIC Denied Wrong Death Certificate

[Pansy Peacock]

My DIC claim was denied saying that I failed to respond to a request for a "long death certificate"

I never received a letter from the V.A. requesting a different death certificate.

I received two different forms of my husbands death certificate.  One was 8 x 10 other was 8 x 14. I had included the long form in a clear vinyl sleeve and I'm assuming the person deciding my claim did not remove it, unfold it and look at it.

When I received notification April 5, I went to my DAV rep and he sent them another long form of my husbands death certificate, a SOC stating I had not received the request from the V.A. and a NOD for just in case.

I have asked IRIS two weeks ago for any info with no response. Called Peggy a couple of times to be told they had denied my claim, checked eben's and vets.gov numerous times with the only information being my name.

Does anyone here have thoughts on if my claim goes to the end of the line again or if someone will see the SOC and just do the right thing and follow through.  He was service connected BOG Vietnam and his death was secondary to his IHD.

Thank you folks for your time and this board.

 

[broncovet]

Maybe Berta will chime in here, however, if its anything like "regular" VA benefits, you will have to fight for years to clear this up.  However, just maybe it might work out well  for you faster, ESPECIALLY IF you email or call the white house hotline to clear this up.  

Of course, as you have found out, the VSO's services are not much help.  Other than calling or emailing the white house, I dont know what you could have done different to try to get a rep to "read" the claim.  (Its a job requirement that rating specialists be unable to read the English language.)  

In the rating specialists defense, I have information that raters must read the whole cfile in about 30 minutes.  Ok, mine is 1800 pages long, and Superman could not even do that.  Thus, claims get denied by "top sheeting" them. (Reading the top sheet and not reading the rest.)

Again, ask Berta, but she may suggest "asking VA to cue themselves", and she has had good luck with that.  

It shouldnt hurt anything.  

Finally, another option is to resubmit the applicable long death cert, and file a 38 cfr 3.156  "new and material evidence" which "should" reopen the claim.  

Lastly, RAMP appeals may result in a quicker decision for you, by "opting in" to RAMP.  I dont know if widows can do that or not...

[Berta]

As a surviving spouse myself, I can surely relate to how the VA makes many errors (some deliberate) in trying to deny valid DIC claims.

Yes, I would ask them to CUE themselves:

You can copy this CUE claim and put it into the IRIS complaint.

 

"This is a claim of CUE (Clear and unmistakable Error under auspices  of 38 USC 5109 et al.

I believe the VA Violated 38 CFR 4.6 in their recent decision (date) to deny my DIC claim.

My DIC claim was denied saying that I failed to respond to a request for a "long death certificate"

I never received a letter from the V.A. requesting a different death certificate.

I received two different forms of my husbands death certificate.  One was 8 x 10 other was 8 x 14. I had included the long form in a clear vinyl sleeve and I'm assuming the person deciding my claim did not remove it, unfold it and look at it."

(change this next part: I think you mean by SOC, actually a 21-4138…not sure)

 

"When I received notification April 5, I went to my DAV rep and he sent them another long form of my husbands death certificate, a SOC stating I had not received the request from the V.A. and a NOD for just in case.

I have asked IRIS two weeks ago for any info with no response. So I am filing this as an IRIS complaint.

Because of this clear and unmistakable error, and the fact that my husband’s death was contributed to by his AO IHD, per the death certificates, the error was detrimental to me and must be fixed."

------------------------------------------------------

---Then  go to  https://www.va.gov/and click on the Contact Us Button, then click on Ask a question, and you will be directed to the IRIS site and fill out the info and then send this as an Iris Complaint.

(The complaint box is a pop down.)

If you do not hear from  IRIS ( complaints go to your VARO and to VA Central) within a week or two- call

the White House Hot line:

 855-948-2311

But I do have a question for you:

" He was service connected BOG Vietnam and his death was secondary to his IHD."

What does BOG mean and was the AO IHD listed as a contributing factor on the death certificate?

What is the wording in part 1 and part 2 as to cause of death?

Reason I ask is because I have encountered, in the 23 years after my husband died, with multyiple claims issues, MANY VA employees at my VARO-to include their director- who either cannot read or who have no knowledge of basic VA case law at all.

 

 

 

 

Edited April 19, 2018 by Berta
aqdded more

[Navy04]

This is why I always worry so much, that my wife will be taken care of. My good friend died a few years ago, he was a Korea and Vietnam Vet with Agent Orange and other stuff. He always told his wife that she would get a check and everything would be fine. Well, he was on IU, and died of a Non Service connected issue, and guess what. His wife gets nothing, had everything Repoed, and ultimately had to sell her house and move in with her Daugther. I could not imagine my wife, losing me, even though I am 35 and she is 32, and not being able to get paid benefits that we worked hard for. The Future of this Govt, and the VA really scares the Hell out of Me. I admit, that I worry so much about this, that it controls my life in more ways then I care to say. Thanks

[broncovet]

My suggestion is you "not" worry about stuff like this.  Instead of worrying, take the following actions:

1.  Make sure VA has your current address.  

2.  File your appeals timely, send them certified mail, return receipt requested, and keep a copy.  Hire an attorney if you must go to CAVC (denied at the BVA).   

3.  Go to all your c and p exams, doc appointments, or reschedule promptly if absolutely necessary.  

4.  Be sure VA has all the required signatures and paperwork.  Dont ignore VA letters.  If you dont know what they mean, ask here.  

      Nobody can add to their life by worrying about tommorrow.  Tomorrow will have enough troubles of its own.  

[pwrslm]

Had something similar happen to one of the ppl I was working with.

Widow applied to assume the Decd Vets position to complete SC claim. When the VA found out that he was Decd, they gathered up the DIC app, and denied both the DIC and SC and told us that it would be about a year to figure out if the widow could assume the Vets position. Did due diligence and studied the USC and CFR and M21 top to bottom on this.

Called the WH complaint line. The VA Railroaded us, ignored evidence that had been submitted and failed to follow the laws from the top to the bottom, across the board and every which way in between (AKA-regular VA behavior). Was told that our claim was approved in 2 weeks. Waited...3 months go by and nothing. Called the WH complaint like again. Got a phone call from them back twice, before Christmas. Was told w/in a "few" weeks we would have a decision. Decision came in...ummm...allowing the widow to assume the Vets claim. Then the opened a "new" claim....I figured it looked better on the statistics they play with that way. I hit the WH complaint line again...screamed bloody murder because of what they were putting this Vets widow through. 60 days later we got the BBE with a 100% grant for cause of death, DIC approved and back pay.

Dont stop fighting. Thats a core rule all Vets should abide by. If you are in the right, put it in writing, and stick to your guns. There are some good and some bad ppl in the VA, you just gotta keep kicking the machine until it works.

White House VA Hotline: 1-855-948-2311

If you are sure you provided a copy of the long form certificate, make a WH complaint. Someone will check it, if its there, they had no reason to claim you didnt provide it, nor to close the complaint without proper consideration of all of the information in your file. Just going along with an appeal will put this out YEARS. Forcing a reconsideration takes months. If you  are right, they will have no other choice because it IS a CUE just like Berta said.

The thing you have on your side, and you should use it, is that you are the widow of a hero. A US Veteran, and the VA should NEVER treat them with that kind of disrespect.

Edited April 19, 2018 by pwrslm

[Berta]

I often suggest here to make sure your spouse has hadit's web site and he/she can use your hadit password to get DIC info or register to get their own password.

I sure wont be here forever but fortunately everything I know about DIC is here.........

I have had POAs in the past who did not have a clue about DIC, accrued benefits, or even about the REPS benefit 

which I applied for in 1995, and  was awarded in 2010(when I succeeded in getting a direct SC death for my husband , as his 1151 death had no ancillary benefits. ) The REPS benefit came to about 20,000 bucks or more.

REPS info  is available here under the hadit search feature.

POA vet reps do not get many DIC and/or accrued claims, but that does not mean they cant do the claim right.

They all had the same training I got from NVLSP on DIC. They all  have PCs and can access the info they need to help survivors , at  VA.gov ,or at M21-1MR , or come here....but some of them are too lazy to do that.

I feel any surviving spouse of a veteran, who is not PC literate, will probaby be denied DIC by the VA, right off the bat. But they might get lucky and have a good vet rep who will help them . ...might...