Got Some Answers From Iris

[free_spirit_etc]

The IRIS response actually answered my questions...and was even personalize. I was pretty impressed with that.

The last person I talked to at the VA phone told me they were sending the C-file - and that I should get it in 30 days (a couple of months ago).

So I need to send a written request. I guess I should have done that a couple of months ago - even though she told me I didn't have to - because they were sending it.

I think I will write and ask for an appointment - and follow up with IRIS if I don't hear back from them.

They sent me a letter letting me know they got my DIC claim I sent in May - but I never got any acknowledgement of the Statement I sent to keep his last check that I sent in March. I sent a copy of our Marriage license along with that. But they say there is no evidence in the file that I am his wife.

So I guess they will be taking their money back. And I might even get it back some day.

Free

Dear Mrs. xxx:

We cannot send copies of Mr. xxx c-file to you based on a request that he made prior to his death. We would need a new written request from you. If you would like to review Mr. xxx claims file, we would also need a written request and we can then schedule you for an appointment. Because office is in Chicago, it would be much easier for you if we sent you a copy of the file. But we must have a written request over your signature to release the information.

Regarding your question about the check for the month of February, if the Department of the Treasury has taken action to reclaim the check, we can't stop them at this point. If you are filing a claim for widow's benefits, your claim will also make a claim for that returned check. You may be entitled to benefits as the veteran's widow. We are mailing you VA Form 21-534 (Application For Dependency And Indemnity Compensation, Death Pension and Accrued Benefits By A Surviving Spouse Or Child). You can also find this form on-line at http://www.va.gov/vaforms . We cannot, at this time, reissue the check because there is no evidence in the file that you were Mr. xxx spouse.

We regret we couldn't give you a more favorable response. Thank you for visiting our website

Sincerely yours,

Suzanne Lowe

Veterans Srvice Center Manager

163

[free_spirit_etc]

Is showing you were someone's spouse more difficult than getting Service Connected?

I sent them the Death Certificate --which listed me as the Surviving Spouse - and a copy of our Marriage License.

I am wondering what kind of evidence they need.

Though I can kind of see where they sometimes question the spouse status - as I was reading quite a few appeals where people were claiming to be the spouse - but were not. But that was mostly common law relatiosnhips.

They go to great extremes to disprove those - they send field workers out to question neighbors and family members to see if they had been living together and holding themselves out as husband and wife.

Most of them seemed to be pension cases. And a lot of them were denied at the BVA level - as they really weren't common law spouses - or many times even living with the veteran. And there were also cases of people claiming children they don't have. I found that aggravating that so much of the VA resources are wasted on disproving fraudulent claims.

However - I was not seeking a pension. I was seeking to keep my husband's $225 payment. I was legally married. I sent the VA valid proof. I imagine they will spend over $225 in VA resources in the case before they ever figure it out.

Free

Regarding your question about the check for the month of February, if the Department of the Treasury has taken action to reclaim the check, we can't stop them at this point. If you are filing a claim for widow's benefits, your claim will also make a claim for that returned check. You may be entitled to benefits as the veteran's widow. We are mailing you VA Form 21-534 (Application For Dependency And Indemnity Compensation, Death Pension and Accrued Benefits By A Surviving Spouse Or Child). You can also find this form on-line at http://www.va.gov/vaforms . We cannot, at this time, reissue the check because there is no evidence in the file that you were Mr. xxx spouse.

Sincerely yours,

Suzanne Lowe

Veterans Srvice Center Manager

163