Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Need Help With Spouses List Of Things To Do When Veteran Passes

Rate this question


USMC RECON 67

Question

I think I saw on this forum some time back a list of things a spouse needs to do when her husband passes away. I have had a major problem with my heart in the past couple of weeks and want my wife to have the easiest transition when the time comes.I am 100% service connected for congestive heart failure + seven additional service connected issues.I would appreciate all the guidance I can get.I know there are different forms for different things that need to be done and also who to contact. Thank you in advance for your assistance.You ladies and gentleman are the best.

Link to comment
Share on other sites

  • Answers 18
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

All DIC regs are within 38 USC 1318

but I think the Gold Star Wives web site might have definite answer to your question-

I have never seen DIC cut off for any widow except one-

she had incurred an overpayment because she had remarried years ago and the VA kept sending her DIC even though she had sent them notice of her new name.

Her rep tried to fight the overpayment- it was quite high but the VA found that she had not advised them of re-marriage only that her name had changed)

DIC is payable these days to any survivor who remarrries after after 57 but I think Gold Star Wives had that changed to age 55.

Also due to Bonny V Principi the 2 year accrued limit has been changed.

A survivor eligible for accrued benefits for deaths of veterans which occurred after December 16,2003

are now eligible to receive ALL accrued benefits (as long as they filed the Accrued app part of the DIC form within one year after death of the veteran.

Under USC 1318 are the many ways a survivor can attain DIC.

I had the unfortunate and time wasting experience getting 3 wannabee widow claims for DIC from a vet org I belong to-these claims of course got no where.

The VA will never halt a DIC award unless they have absolute proof that it was obtained under false pretenses.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder
All DIC regs are within 38 USC 1318

but I think the Gold Star Wives web site might have definite answer to your question-

I have never seen DIC cut off for any widow except one-

she had incurred an overpayment because she had remarried years ago and the VA kept sending her DIC even though she had sent them notice of her new name.

Her rep tried to fight the overpayment- it was quite high but the VA found that she had not advised them of re-marriage only that her name had changed)

DIC is payable these days to any survivor who remarrries after after 57 but I think Gold Star Wives had that changed to age 55.

Also due to Bonny V Principi the 2 year accrued limit has been changed.

A survivor eligible for accrued benefits for deaths of veterans which occurred after December 16,2003

are now eligible to receive ALL accrued benefits (as long as they filed the Accrued app part of the DIC form within one year after death of the veteran.

Under USC 1318 are the many ways a survivor can attain DIC.

I had the unfortunate and time wasting experience getting 3 wannabee widow claims for DIC from a vet org I belong to-these claims of course got no where.

The VA will never halt a DIC award unless they have absolute proof that it was obtained under false pretenses.

Thanks again Berta. I'll do some homework today, and find 38 USC 1318 and Gold Star Wive's home page. ~Wings

Edited by Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

The age limit to remarry is after age 57. SSA has nothing to do with DIC. SSA would however affect your pension.

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

  • HadIt.com Elder

x

x

x

x

x

x

[PDF] Dependency and Indemnity Compensation (DIC)

TRAINING MODULE 8. STUDY PLAN. Dependency and Indemnity Compensation (DIC). Objective:. To learn how to assist a claimant to submit a claim

http://www.cdva.ca.gov/VetService/DocsAndI...08G%2012-06.pdf

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

  • HadIt.com Elder

Dear USMC, I want to thank you for bringing this important discussion up once again. You are very wonderful for thinking of your wife, what a love! To be honest, I got sorta wordy and decided to post my thoughts, experiences and wishes under the topic Berta set. Having been an active duty widow while on active duty myself; I am sensitive to the blessings of preperation. My husband and kiddos know that if I go by way of service connected disability, that will be Clearly Stated on my Certificate.

Thought I would add something for you to consider, the VA Advance Directive: Living Will and Durable Power of Attorney for Health Care.

VA Form 10-0137. I found the packet and it recommends taking the form to the VA Social & Behavorial Health clinic to see a Social Worker (appointment?) to discuss it, then they'll scan a copy of the completed form into your VA medical records. (first time I read the scanning part, neat).

Myself, for invasive medical procedures, I complete a Advance directive wherever the services are being provided. Figure - can't hurt. Added something like that to my will as well.

The best to you and your loving girlfreind (er, wife!)

Cg'up2009!

I think I saw on this forum some time back a list of things a spouse needs to do when her husband passes away. I have had a major problem with my heart in the past couple of weeks and want my wife to have the easiest transition when the time comes.I am 100% service connected for congestive heart failure + seven additional service connected issues.I would appreciate all the guidance I can get.I know there are different forms for different things that need to be done and also who to contact. Thank you in advance for your assistance.You ladies and gentleman are the best.

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use