Pre-determining Stage

[68chstiger]

I filed my claim 2 months ago electronically. I have Hodgkin's and when I filed I sent copies of DD214, pathology reports showing I actually had the disease, report from my oncologist,etc. I called yesterday to check on the status and was told it was in the pre-determining stage, with all the evidence I sent what is it they have to determine? Is this just one of many delay tactics used by them?

[Berta]

No-not a delay tactic at all-

I think this might be a good sign-

You have incountry Nam service and an AO presumptive disease-as I recall-

The predetermination team will establish legal eligibility for entitlement -meaning they will check to see if there are any bars to entitlement- then they will check for dependents info, marital status -stuff like that-

this means that once the claim is granted they know how to cut to check-and the basic

eligibility requirements have already been checked.

For ex: I had a wannabee widows claims recently-

The claim went to the predetermination team a few months ago.

The woman claiming Common law wife status was not the common law wife of the veteran.

The predetermination team had accessed information in the deceased veteran's statements given to VA months before his death-that he had no common law or legal wife or any dependents at all.

The "widow's" buddy statements and other 'evidence;' she sent them has no bearing in truth or fact.Her claim for DIC was denied.

My neighbor filed a claim a few months ago- the predetermination team checked his status as a 20 year retiree as well as his dependents (he has none) and his claim was ready to rate as he had attached his SMRs to it and the most recent VA med recs.

He got an award last week.No money-just the rating.

As a military retiree he cannot receive SC comp -in his situation-plus his retirement.

The predetermination team got my AO death claim last spring.The claim was there for 4 years already.(Buffalo RO)

I got a letter asking if I had remarried-or had any dependents.

widows age 57 or over can remarry and still get DIC.

I get DIC already but the predetermination team needed to check.

My daughter-on the original DIC checks as dependent -is now a veteran who works for the feds-I have no other dependents.

It is a good sign when they check dependency and eligibility status.

The next step is usually the rating board.

[mobie16r]

The pre-determination team schedule a VA examination,If necessary.Gather evidence and decide when a claim is ready for a final decision

mobie

[cloudcroft]

Berta,

She still could have been his CL wife...maybe he just didn't want her to get anything out of spite or something. And I know guys who won't admit they DO have a CL wife. Who really knows how their relationship was. Also, I suppose proving a CL situation wouldn't be easy since there is no marriage license, etc..

So if she WAS his CL wife, I hope she doesn't give up...the VA frequently errs in LOTS of its decisions...we all here know that.

-- John D.

Edited August 9, 2007 by cloudcroft

[Berta]

There was much more to all this matter than the common law status-

VA does recognize common law wives in some circumstances and awards DIC to them.

I read many documents from the VARO and from the widow-the VAROs decision was completely correct.I found considerable info on the net on the veteran and on the woman who filed for DIC.

She was not common law wife.

And besides- there was absolutely no basis for DIC.The veteran's death was due to illegal drug overdose.

This woman has threatened the VA in writing and also at public forums.I would not be surprised if the feds have paid her a visit by now.

I am done with DIC claims. 3rd or 4th widow wannabee I have had.Maybe more than that.

A widow with a valid DIC claim should be able to get excellent help from any vet org.