Appeals A Mistake?

[Cavman]

I`m hoping I didn`t make a mistake bringing attention to myself filing a couple appeals a few weeks ago.

I am getting 100% rate with all the benefits. I filed appeals to raise Gerd from 10% and I appealed AO. I only did this in case I checkout from conditions related to these disabilities. I`m trying to look out for the family.

Did I make a mistake appealing? My letter two and a half years ago did say no more exams and I am in my late 50`s.

Cavman

Edited January 20, 2009 by Cavman

[john999]

If you have a condition that could kill you then it is probably best to get it SC'ed if you can. For instance, DMII should be SC'ed if you have it due to AO because it has so many potentially fatal complications. If it is a AO thing then it is presumptive anyway. Any sort of cancer should be SC'ed if you can do it.

[hurryupnwait]

Maybe I m wrong, but I think that if you are 100% service connected for 10 years or more then the wife is entitled to DIC, is there something I m missing?

Cavman

How long have you been 100% SC?

I found this on the VA site

Department of Veterans Affairs

Dependency and Indemnity Compensation (DIC)

What is DIC?

DIC is a monthly benefit paid to eligible survivors of a:

Military service member who died while on active duty, OR

Veteran whose death resulted from a service-related injury or disease, OR

Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

for at least 10 years immediately before death, OR

since the veteran’s release from active duty and for at least five years immediately preceding death, OR

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

Who are eligible survivors for DIC?

The unremarried surviving spouse if he or she:

validly married the veteran before January 1, 1957, OR

was married to a service member who died on active duty, OR

married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

was married to the veteran for at least one year, OR

had a child with the veteran, AND

cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

is not currently remarried.

The surviving child(ren) if he or she is:

unmarried AND

under age 18, or between the ages of 18 and 23 and attending school.

(Note: Certain helpless adult children are entitled to DIC. Call the toll-free number below for the eligibility requirements for those survivors.)

The surviving parents may be eligible for an income-based benefit. See our fact sheet, Parents’ DIC, or call the toll-free number below for more information.

Edited January 22, 2009 by hurryupnwait

[Cavman]

If you have a condition that could kill you then it is probably best to get it SC'ed if you can. For instance, DMII should be SC'ed if you have it due to AO because it has so many potentially fatal complications. If it is a AO thing then it is presumptive anyway. Any sort of cancer should be SC'ed if you can do it.

Thats the way I was thinking john. Do you think they could or would mess with my 100% rating by opening that up?

Cavman

[Cavman]

Maybe I m wrong, but I think that if you are 100% service connected for 10 years or more then the wife is entitled to DIC, is there something I m missing?

Cavman

How long have you been 100% SC?

I found this on the VA site

Department of Veterans Affairs

Dependency and Indemnity Compensation (DIC)

What is DIC?

DIC is a monthly benefit paid to eligible survivors of a:

Military service member who died while on active duty, OR

Veteran whose death resulted from a service-related injury or disease, OR

Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

for at least 10 years immediately before death, OR

since the veteran’s release from active duty and for at least five years immediately preceding death, OR

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

Who are eligible survivors for DIC?

The unremarried surviving spouse if he or she:

validly married the veteran before January 1, 1957, OR

was married to a service member who died on active duty, OR

married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

was married to the veteran for at least one year, OR

had a child with the veteran, AND

cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

is not currently remarried.

The surviving child(ren) if he or she is:

unmarried AND

under age 18, or between the ages of 18 and 23 and attending school.

(Note: Certain helpless adult children are entitled to DIC. Call the toll-free number below for the eligibility requirements for those survivors.)

The surviving parents may be eligible for an income-based benefit. See our fact sheet, Parents’ DIC, or call the toll-free number below for more information.

Think it was the end of 06.

[Cavman]

Maybe I m wrong, but I think that if you are 100% service connected for 10 years or more then the wife is entitled to DIC, is there something I m missing?

Cavman

How long have you been 100% SC?

I found this on the VA site

Department of Veterans Affairs

Dependency and Indemnity Compensation (DIC)

What is DIC?

DIC is a monthly benefit paid to eligible survivors of a:

Military service member who died while on active duty, OR

Veteran whose death resulted from a service-related injury or disease, OR

Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

for at least 10 years immediately before death, OR

since the veteran’s release from active duty and for at least five years immediately preceding death, OR

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

Who are eligible survivors for DIC?

The unremarried surviving spouse if he or she:

validly married the veteran before January 1, 1957, OR

was married to a service member who died on active duty, OR

married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

was married to the veteran for at least one year, OR

had a child with the veteran, AND

cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

is not currently remarried.

The surviving child(ren) if he or she is:

unmarried AND

under age 18, or between the ages of 18 and 23 and attending school.

(Note: Certain helpless adult children are entitled to DIC. Call the toll-free number below for the eligibility requirements for those survivors.)

The surviving parents may be eligible for an income-based benefit. See our fact sheet, Parents’ DIC, or call the toll-free number below for more information.

If I am understanding this correctly, its saying with a 10% Gerd disability and if I died of esophagus cancer before the 10 years of being 100% my wife would get DIC. And if I were divorced before dying of esophagus cancer, my daughter, if unmarried would get DIC until she got married.???..If thats true the appeal for a higher rating for Gerd than 10%(which I believe I will be bumped up to maybe 30% if I don`t drop it) doesn`t mean a thing regarding DIC.???

[hurryupnwait]

If I am understanding this correctly, its saying with a 10% Gerd disability and if I died of esophagus cancer before the 10 years of being 100% my wife would get DIC. And if I were divorced before dying of esophagus cancer, my daughter, if unmarried would get DIC until she got married.???..If thats true the appeal for a higher rating for Gerd than 10%(which I believe I will be bumped up to maybe 30% if I don`t drop it) doesn`t mean a thing regarding DIC.???

Your wife's entitlement to DIC will be in 2016 if you were service connected in 2006 and you died of a non service connected condition. Therefore, I would continue with the appeal.

If you die from a service connected condition then your wife is entitled to 100% DIC benefits, not just 10% because that s what you were rated at. That's my understanding.

Happy Trails

Paul

Edited January 22, 2009 by hurryupnwait