diabetes Burial Benefits

[jessejames]

I am helping a spouse of a Marine VN vet who passed away on Memorial Day. He was 57 years old. He had been 100% (actually 100% plus 60%) s/c total & permanent since 1992 and had been continually married to the spouse since 1990. He was buried in a private cemetery, the cost of the plot was $500 and Funeral Services expense was over $6K. The way I read the Burial benefits at http://www.vba.va.gov/bln/21/Rates/burial.htm she should get $2,000 toward Burial expenses and $300 toward plot expenses. He had been in a local Hospital for about 20 days before being admitted to a private Nursing Home right before death with VA paying NONE of the expenses. When his problems started with kidneys starting to fail, the VA Hospital had told the spouse the Hospital was full and could not take him in. The Private Hospital had been doing dialysis, but claimed his kidneys started back working and transferred him to a local Nursing Home. Within 2 days at the Nursing Home, his kidneys failed and his Liver shut down and he began having seizures, so the Nursing Home sent him by ambulance back to the Hospital which was 70 miles away, during the time (12 hours) of waiting for permission from the Hospital to bring him in and the ambulance drive, his vital signs dropped and the hospital could not revive him after he got there. He was s/c for diabetes and liver cirrohosis. I had filed for the Liver Cirrohosis several years ago after the VA diagnosed it and then continued prescribing Clonazapam,( even increasing dosage), even though it's clear that Clonazapam is NOT to be prescribed to patients with Liver problems.....he was seeing a N/P at the VA and she upped the dosage on Clonazapam after his anxiety attacks increased. I got the REAL Doctor at the VAMC to put in his records that it was a mistake to continue prescribing Clonazapam after finding the Cirrohosis. I then filed for s/c for aggravation of Liver Cirrohosis and won, so his Cirrohosis was s/c. They had stopped using the VAMC and was paying for his Medical expenses because the VAMC told them they could not pay for anymore ambulance charges to bring him to the VA, he could not ride in a car. He was in a Recon Unit in Nam, did 2 tours, had 2 Purple Hearts.

Also, if I read http://www.vba.va.gov/bln/21/Rates/comp03.htm correctly, she should receive $1067 plus $228 per month for a total of $1295 Monthly DIC. She gets to keep her ChampVA Health Insurance and the Monthly DIC even if she decides to remarry, since she is over 57 years old. He had 2 - $10K Service Disabled VA Life Insurance Policies.

The Funeral Home had told her the most she could get Burial Benefits was $600 and she called the VA 800 number and they would not or could not tell her the amount od Burial Benefits.

Just checking to see if I had left off any Benefits I should file for her:

1. I have Burial Benefits,

2.Monthly DIC,

3.Service Disabled Veterans Life Insurance, ...

4.I am calling ChampVa to see if there are additional forms to send since she is now surving spouse, she had been on ChampVa rolls for years.

5.Also, our state allows her to keep the 100% DAV auto tag, but does NOT allow her to keep the Homestead Exemption (Mississippi).

6.Since he was also on Social Security Disability, she can file and draw on his benefits when she turns 60 if she does not remarry...is this correct?

We've lost another one of our brothers, 57 is too young to die! Please keep spouse in your prayers, Thanks Hadit!

[Pete53]

Mike:

Thanks for helping the Vets wife and I agree with how you have maooed out what is due. The VA should pay for all and I think that the wife should also consult a good lawyer as it appears that the Hospital sending him to the nursing home was a big mistake.

Good Luck and I will pray for the widow and that you will get grace to help you help her.

[Berta]

Yes- she can retain the SSA benefits by drawing them at 60-

She can remarry after 57 and retain her DIC-and if she remarries one day after her 60th birthday- she can keep her SSA.

The burial expense for SC death is part of the 21-534 application for DIC- they wont sent this $$$ until she establishes SC as cause of death- unless he was over 10 years SC at 100%.-which it looks as though he was ----

The cause of death on the death certificate or autopsy in most cases-must be directly from or contributed to by a SC disability.Although it looks as though she is eligible under 1318-

so she does not have to prove SC death---

I get 1067 per month DIC- what would she get the extra $228 for?

SSA will send a small burial amount too about 225.00-the undertaker should have handled that app for her.

Thanks for helping her Mike-

it is awful that he died so young and on Memorial Day.

I get sad on that holiday and then I get angry because Rod was only 47 and the VA caused his death-

She is probably going through a lot-I am so glad you are helping her-

sounds like the DIC should be an easy award for VA. Lets hope it doesnt take too long.

Edited June 3, 2007 by Berta

[jessejames]

Berta; according t0 http://www.vba.va.gov/bln/21/Rates/comp03.htm

Veteran's Death Was On or After January 1, 1993

Effective 12/1/06

Basic Monthly Rate = $1067 (38 U.S.C. 1311(a)(1))

Additional Allowances:

a. Add $228 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))

[Berta]

Jesse-thanks!!!! Great work- I always forget about the 8 year thing-

GOOD info!