diabetes Spouse Passed Away Before Va Made Decision

[SSGMike.Ivy]

To help out a women whoes husband passed away she had the following question. I know the knowledge of some members here and appreciate the responses. I have been checking for answers for her and do not want to post the wrong information. From my understanding if your receiving VA disability you must have been receiving these benefits for 10 years prior to your death to have them passed on to your spouse. Is this correct?

==============Any her question==================

My beloved husband was rated 90% before he passed away from complications from Type II Diabetes. He had just found out about the Unemployability Claim and had applied before his death. The VA said and I quote "Any pending claims die with the veteran. I'm sorry." My husband proudly served in Vietnam for 2 tours and was in law enforcement for 30 years before PTSD and heart problems forced him to be homebound. I quit my very good job of 20 years to take care for him. I'm so happy I did as my heart breaks now, missing him but now I have almost nothing and I am so deeply depressed I can't even look for work. Can someone please help me? I wrote the DAV but they haven't answered back. Thank you.

[KimB]

Thank you all for your responses and thank you SSGMike for bringing this here for me. I've applied for DIC and gotten the "we've received your claim" letter. His cause of death is Ischemic congestive cardiomyopathy , coronary artery disease. Significant conditions contributing to death Type II Diabetes. He was 90% total, 50% PTSD and the rest different % related to diabetes. I never could understand the ratings.

In December 2007, he applied for IU and aid and assistance. We had to find these on our own. His VA rep never told him about this even though he had been receiving Social Security for disability from diabetes related illnesses since 2001. The VA asked for additional information on January 11, 2008. We mailed it on January 26, 2008. My husband died in my arms the next day. I tried so hard to save him.

Should I wait to get an answer from the VA before I file for accrued?

Thanks again,

Kim

[free_spirit_etc]

Kim,

I am sorry to hear about the loss of your husband. How wonderful that you could be right there with him. My husband died February 5, 2007. He was sick for several weeks - and he hated the hospital beds. He said he wanted a double bed. He said - every time I do a meditation and they tell me to go to the place I feel the safest and happiest - I imgaine myself in your arms.

So when I got to take him home - I have a massage table - and I set that right next to his hospital bed - so I could have it at the same height - and I could hold him in my arms.

So, though I know the loss of your husband is so hard right now - he was so blessed to spend his last moments here on earth in the EXACT place I am sure he felt the safest and happiest - right in your arms.

You actually have up to one year to file your claim. You can file it at ANY time - but as long as you file it in one year - you can be paid all the way back to the date of your husband's death. That would be your DIC claim - the claim for YOUR OWN monthly benefits, which are separate from what was due to your husband.

It looks like you have a very strong case for DIC already - as his Diabetes contributed to his death - and was also service connected. If you have any problems - you might have to get a doctor's statement pointing out the Diabetes contributed MATERIALLY to his death - and also see about getting an opinion as to whether it actually CAUSED the heart disease.

If the VA determines that his death was the result of a Service connected condition - you should get DIC, (almost $1,100 a month), Educational Benefits (if you want them) VA home loans, etc. These benefits are tax free.

Also - they will reimburse you about $2,000 for his funeral and burial.

If you are not eligible for DIC - you might be eligible for Pension - which is based on income - but also available for deaths from NONservice connected conditions.

As far as your husband's claim - You have the right to accrued benefits. Basically, you re-open his claim - and they decide it based on the evidence in the file at the time of his death - and if the ruling is in his favor - you will recieve the amount he would have gotten within those months from the time he opened the claim until his death.

Actually, the VA SHOULD have sent you a Form to apply when you reported his death. However, the VA does not always do what they SHOULD do.

You can request the Form from them, or get it from the VA website - or go to a veteran's service officer and have them help you. The basic claim form is for DIC, Pension, AND Accrued benefits. The one form takes care of ALL of those - and they also let you file a claim with Social Security at the same time.

The Burial Claim is a SEPARATE claim - and so you would want to fill out a separate form form for that. If I recall correctly - as long as the death is Service Connected - you have quite some time to file that - beyond the year they allow for Non SC.

I think the educational benefits are also a separate claim.

I am so sorry for your loss - and wish you the best of luck.

I also see Berta is on top of this - and she is the Master Queen of the Widows on this board. She has fought almost any claim you can imagine - and has a wealth of wisdom and experience.

Kind of wish she would run for President..

Free

Thank you all for your responses and thank you SSGMike for bringing this here for me. I've applied for DIC and gotten the "we've received your claim" letter. His cause of death is Ischemic congestive cardiomyopathy , coronary artery disease. Significant conditions contributing to death Type II Diabetes. He was 90% total, 50% PTSD and the rest different % related to diabetes. I never could understand the ratings.

In December 2007, he applied for IU and aid and assistance. We had to find these on our own. His VA rep never told him about this even though he had been receiving Social Security for disability from diabetes related illnesses since 2001. The VA asked for additional information on January 11, 2008. We mailed it on January 26, 2008. My husband died in my arms the next day. I tried so hard to save him.

Should I wait to get an answer from the VA before I file for accrued?

Thanks again,

Kim

[free_spirit_etc]

So live your life that the fear of death can never enter your heart.

Trouble no one about their religion;

respect others in their view, and demand that they respect yours.

Love your life, perfect your life, beautify all things in your life.

Seek to make your life long and its purpose in the service of your people.

Prepare a noble death song for the day when you go over the great divide.

Always give a word or a sign of salute when meeting or passing a friend,

even a stranger, when in a lonely place.

Show respect to all people and grovel to none.

When you arise in the morning give thanks for the food and for the joy of living.

If you see no reason for giving thanks, the fault lies only in yourself.

Abuse no one and no thing, for abuse turns the wise ones to fools

and robs the spirit of its vision.

When it comes your time to die, be not like those whose hearts are filled with the fear of death, so that when their time comes they weep

and pray for a little more time to live their lives over again in a different way.

Sing your death song and die like a hero going home.

Chief Tecumseh (Crouching Tiger) Shawnee Nation 1768-1813

Edited March 10, 2008 by free_spirit_etc

[Berta]

Free- those were kind words-

Kim said:

"My husband died in my arms the next day. I tried so hard to save him."

Mine too while I administered CPR-I still see him collapsing when I go into the barn.

"Should I wait to get an answer from the VA before I file for accrued? "

Do you have copy of your 21-534 application?

That should have covered accrued, and burial as well as SC death DIC-

there is only accrual amount if he had a claim pending-that they did not resolve in his lifetime-

you will have to NOD and continue that claim for evidence if they deny it-they denied Rod's pending higher SC rating claim many times-by saying they could not get his SSA records-it was BS!-

It took over 3 years for them to award the accrued claim.

I assume your husband was incountry Vietnam vet with DMII contributing to death as stated on the death certificate-

this should be a no brainer and a relatively fast award.

If they ask for originals Death Cert (with raised seal) and original Marriage License and any Birth Cert the VA WILL return them to you-

Also any last hospital bills-

I have ALS bill but dont know if they will pay it-they asked for it though.

If they rate him as 100% P & T in the accrued award or as direct SC death in the DIC award they will make an award of CHapter 35 benefits for you and for any dependent children.

This is a fabulous benefit- I used it to finish my degree and my daughter is planning on using hers for her Masters if she doent use her GI bill-

Champva-you are most likely gping to be eligible for CHAMPVA-

Civilian Health and Medical Program-VA-

I got a letter saying I needed to contact CHAMPVA directly and they squared that away-

the VA (unless things have changed on this) usually dont make an actual CHAMPVA determination in the award letter for DIC.

You have to contact CHAMPVA for that.

You will hear from Gold Star Wives too- unless that all changed-

the VA has permission to inform GSW of any DIC recipient-I am member of Gold Star Wives and they are very agressive in fighting for all sorts of widows benefits.

check the 534-it should have covered the accrued as well as the SC DIC and even the burial app should be with it.

Thanks again,

[SSGMike.Ivy]

Thank you all for your responses and thank you SSGMike for bringing this here for me.

Kim

KIm welcome aboard, glad I was able to provide a small assistance. Though all Veteran boards have knowledgeable people who assist you, I do have to say from being a member here and reading the responses by members this board is the best for direct Veterans benefit questions and your in good hands.

Again condolences on your loss and welcome aboard

[cowgirl]

Kim, welcome and I hope you feel its fine to ask questions here. Somehow, I have always recieved a response, even for my goofy questions, truly, I am indebted beyond measure to Hadit for being here.

I too, am sorry about your loss. I was a active duty widow, auto accident and I wasnt there. I'm ineligible for DIC. Its important to take your time and double check all the paperwork before signing. There are people who are talented in getting paper work done and misguiding vulnerable innocents with a smile. Thanks to my Hadit family I have overcome alot, try hard and learn what I can, even at my age! God Bless, cg

Edited March 10, 2008 by cowgirl