Question On Dic Claim

[free_spirit_etc]

I got my letter on my DIC claim today. They are wanting evidence of my son being a "helpless child" EEK! I wish they would get a little more politically correct with their terminology. And evidence that my husband died from a a service connected illness.

It lists what they already have:

Death certificate

Marriage License

DD214

Claim form

Do I have to RE-SUBMIT all the info we already sent in with HIS claim for my DIC claim?

Or can they / will they just pull it from there?

He had a pending claim for lung cancer at the time he died from lung cancer.

Like should I send a short summary of what we have already submitted - and ask for them to review HIS claim file?

Free

[Berta]

I believe I had to re-send the VA what they already had as far as these documents go-

On the 21-534 app-although the first questions regard whether the veteran ever filed a claim- I put under Remarks and also attached separate page a statement that I was re-opening the veterans claims for higher SC rating and also the claim he filed under Section 1151.

You could clarify this to VA -that this is not only for service connected DIC but also for any accrued benefits due the veteran at time of death.

Although a DIC app is also an app for accrued benefits- it pays to state this carefully-

and that you are re-opening his pending claim.

I am sure I posted this all in prior post to you-if not it is a good idea you have to clarify it all at this point-to the VA .

Whatever you attach to the 21-534 or send to them separate from that- make sure you put your c file number on the cover letter and list what you are sending and get dated proof of mailing.

In a prior post you stated:

"But as far as the VCAA goes - they have never informed him of any evidence needed to support his claim that his cancer began in the service - despite his consistent insistance that he is claiming that."

The SMRS and any other medical information you have that reveals the onset of the cancer is what they mean.

It might well take getting an independent medical opinion to show the cancer began in service- unless the SMRs clearly state that it did.

Even if this was not diagnosed inservice a good medical opinion from a doctor with experience in cancer treatmenets and diagnosis

could possibly associate his documented inservice symptoms and other factors-such as the time the cancer grew- and its measurements of the tumor--to an etiology that began in service.

That is critical to this claim.

If this is not fully diagnosed and documented in his SMRs -and not presumptive -an independent medical opinion is the only way this could be resolved.

The independent doctor could also resolve the asbestos issue-

if your husband had proven occupational exposure to asbestos in service -there is always the possibility that asbestos caused his cancer-

did the VA state any steps they would take regarding the asbestos claim?

You will have to find proof that he had been exposed to asbestos in service and then prove that the asbestos caused the cancer.

There is the VA asbestoes training letter here under search and even the VA web site has asbestos information.

I have a local asbestos cancer vet- it took me quite some time to prepare but the asbestos claim was sent with considerable probative evidence.

He didnt even know he had an asbestos claim.

His NAvy MOS puts him into high exposure criteria and his type of cancer is totally consistent with that exposure.

It showed up 40 years after service and as the VA training letter states -this is normal lapse time for this type of etiology due to service.

I was helping his SO with a 1151 issue he had- and his med recs revealed a lot more than I thought. 100% asbestos cancer and SMC as he needed a colostomy due to the cancer.

These claims -especially DIC claims- take a lot of work but an IMO can make this easier.

The VA will not connect the dots or go out of their way to try to find the supporting evidence for this claim.

At some point they might well get their own medical opinion to go against it.

I had to knock down 3 VA medical opinions with probative medical logic and the documented evidence in the med recs of my husband-to succeed in his accrued claim and his Sec 1151 claim-both that I re-opened.

In those days it seemed that if a claimant did all the medical work themselves ,and hammered away at the RO with the evidence, as well as medically combatted their socalled "expert" opinions-with good medical rationales supported by fact- which I did many times- the claimant could succeed.

Of course this meant studying medicine and this took my months of daily readings of medical books etc-

An Independent medical opinion- these days-

which can be very costly- is well worth the expense because if the IMO supports the claim and falls withint the IMO criteria at every level-

the veteran or widow can easily recover the initial cost by a few checks they will get frok VA-that they might never get without the IMO.

I was talking to a vet last night and in his VCAA letter the VA specifically told him he would need an IMO.

The BVA has told widows that their VCAA letter was deficient and remanded suggesting that the RO advise the widow to get an IMO.

In your favor is the 2 aspects that could possibly render SC death.

I did that too- I raised more than one issue to VA for my husband as to his death -yet found evidence of malpractice right away and this supported his original 1151 claim that I re-opened.

In my present claim I obtained a free IMO from a former VA neurologist and 2 additional IMos at cost of $4,000. I am willing to get another one and have already contacted a pathologist.

MY IMOs reflected the exact medical rationale I stated to VA, and with the same evidence-

yet- with my initial submissions--- the VA stated I was not competent medically to opine on the claim.

I reminded them I had already done that and succeeded in my past claims.

Yet I knew an IMO would be more ammo for the battle.I have never received a legal VCAA letter on this claim and got a remand in weeks at BVA because of that and the fact that my evidence had been ignored.

The RO does not take the time to read and assess the SMRs or the complete med recs.

We have to spell it all out for them like they are 10 years old.

Edited June 10, 2007 by Berta