diabetes Dic Overview

[Berta]

Men and women _I have been asked to participate in a Firebase radio show to night to help a widow DIC claimant who will be their guest.

http://www.gcnlive.com/ Network # 1 Firebase Veterans show 5 PM EST-

If I have to do a brief overview of DIC for the show -I prepared this and realized it always helps to post this info at hadit too-as the regs have changed in some ways in the past 10 years.

Accrued Benefits are part of the DIC application, and will be awarded to the widow or widower as benefits that arise from a claim the veteran had pending at time of death that is awarded based on medical evidence in the c file or in VA’s possession at time of death.

All survivors of deaths occurring after December 16, 2003 will received all accrued benefits. Deaths prior to Dec 16, 2003 receive two years of accrued benefits.

38 CFR 3.1000 (2006), 38 USC 5121, Bonny V. Principi 2003

Dependency and Indemnity Compensation (DIC) is payable to a survivor applying for DIC on the VA form 21-534 if the veterans death directly causes or contributes to death.

It is payable to a survivor of any vet 100% (TDIU) P & T whose rating for 100 P & T was in existence for 10 years prior to death.

DIC can be awarded on a hypothetical entitlement basis to survivors who prove that the vet SHOULD have been 100% P & T for ten years prior to death. This applies only to DIC claims that were filed prior to January 21, 2000.

However Rodriguez V Nicholson challenged that restriction. As of publication of the VBM 2006 , the CAVC overruled the VA and last I heard the VA was challenge this ruling in the Federal Circuit court.

Still- A widow or widower should not hesitate to try to claim hypothetical entitlement if this is only avenue to DIC for him or her.

The “Five Year Rule” also awards DIC. If the veteran was rated continuously at 100% P & T from date of discharge for five years prior to death, the survivor can receive DIC.

The POW Rule: Survivors of POWs who died after Sept 30, 1999 can apply for and receive DIC.

Any death due to “willful misconduct” however is not a basis for service connected death or receipt of DIC. 38 USC 1318 contains all above regs and the VA definition of willful misconduct.

Section 1151 deaths awarded DIC. This is any death of a veteran caused by VA health care (malpractice).

Most DIC applications regard a linkage by medical evidence of what the death certificate and autopsy state as cause of death and contributing causes which is then linked to the veteran’s service connected disability.

Example:

Veteran has been service connected at 100% P & T for Multiple Sclerosis and complications of it since 1995. She dies. Her husband is eligible for DIC.

Veteran has been compensated by VA for loss of both legs due to inservice combat.

The veteran dies of clot in heart causing fatal myocardial infarction.

The widow obtains an IMO that clearly provides medical rationale that the arteriol system of the vet was compromised by the double amputee situation and this caused sever clotting conditions that ultimately caused the fatal heart attack due to a clot blocking off a significant artery of his heart.

The widow can receive DIC.

Vet , who served as a nurse , had diabetes mellitus and complications from AO in Vietnam and receives service connection. The vet dies due to heart attack which is medically associated with her diabetes by full clinical record as well as established medical knowledge as to diabete’s influence on specific left ventricular functions of the veterans heart- proven by ECHO and results of other VA tests, and her husband can receive DIC.

DIC can become a complex issue and service officers and reps don’t see a lot of DIC claims when compared to the amount of veterans’ claims they get.It pays to read the regs for DIC and to be prepared to obtain a solid independent medical opinion as that is often but not always- the only way to obtain DIC.

[Guest morgan]

Berta,

If you have time to answer, I have a few questions about DIC:

Is DIC granted if the veteran was rated 100% for less than eight years when he or she died from the SC condition and the "five year rule" did not apply?

Doesn't the "eight year rule" increase the compensation rate by $200+ if the veteran dies of a SC condition rated 100% at least eight years before death and the surviving spouse was married to that veteran for those eight years?

Am I understanding correctly that any cause of death after 10 years of being rated 100% creates eligibility for DIC benefits?

If a veteran lives 10 years after being rated 100% and because of caring for the veteran the surviving spouse has no opportunity to use dependents' education benefits granted when the veteran was first rated 100%, are the education benefits lost? Or does the clock start running again (different eligibility?) after a SC cause of death?

Do the DIC claims following a documented SC death take as long as other claims to get approved?

Last question, is your radio program only for your local area?

Morgan

[Berta]

The supplemental allowance as the 8 year regs mean is this:

b. Veteran Died On or After January l, l993. If the veteran died on or after January l, l993, DIC shall be paid to a surviving spouse at the basic monthly rate as provided under 38 U.S.C. 1311a(1). An additional monthly allowance shall be paid as established under 38 U.S.C. 1311a(2) 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. Both requirements must be met in order to establish entitlement to this supplemental allowance. Determinations will be made based on evidence in file, or deemed in file, at the time of the veteran’s death. See Part VI, paragraph 5.06c

The 8 years is only for the additional DIC money.

from: http://64.233.167.104/custom?q=cache:D7Gi8...326217334650925

10 years of 100% P & T equals DIC for the wife.

I would think that the wife could receive a better delimiting date for Chap 35 DEA, after death of the veteran along with a DIC award but I am not sure-

I would think the DEA would involve a new award and make the 100% SC P & T DEA award moot.

There might be BVA decisions to clarify-

The firebase show- is at 6 PM EST-sorry - gotta go in a sec-

DIC claims where the evidence is clear that direct SC death is established should not take as long as other types of DIC claims. Probably a year or less.

At the station hyperlink-

you will be accessing Network # 1- 6 PM EST, 5 PM Central time-

Click on the Listen Live Now thing-then

just download the winamp whatever -but you should try them all one at a time by clicking on each one (the window thing etc)because you probably already have realplayer or even aol media access

and the station will come through your PC speakers.You probably wont have to download anything at all.

I am not sure if the wifdow will call in- hope so- she has not joined here yet- and I dont know what her denial was about.

Probably with a pop up for volume controls etc.

M21-1 2005 DIC regs