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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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cjevans

Dic Question

Question

My husband was awarded 100% (2 times) effective January 2008 (awarded Nov 2008) for: Laryngeal Squamous cell cancer w/metasstasis, laryngetomy, radical neck dissection, status post radiation therapy, dysphagia w/gastrostomy, nasal obstructin, difficulty breathing, and permanent tracheostomy associated with radiation. #2 Cancer metastasis to lymphh nodes associated w/ laryngeal squamous cell cancer w/metastasis, rest same as #1..

Question..Husband has been recently diagnosed w/liver cancer. If he passes away from this will I be able to receive DIC?

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God's mercy on your husband. To answer your question, Yes. The secondary cancers would be extension of the service connected cancer.

me·tas·ta·sis n. pl. me·tas·ta·ses 1. Transmission of pathogenic microorganisms or cancerous cells from an original site to one or more sites elsewhere in the body, usually by way of the blood vessels or lymphatics.2. A secondary cancerous growth formed by transmission of cancerous cells from a primary growth located elsewhere in the body.

Edited by sharon

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God's mercy on your husband. To answer your question, Yes. The secondary cancers would be extension of the service connected cancer.

me·tas·ta·sis n. pl. me·tas·ta·ses 1. Transmission of pathogenic microorganisms or cancerous cells from an original site to one or more sites elsewhere in the body, usually by way of the blood vessels or lymphatics.2. A secondary cancerous growth formed by transmission of cancerous cells from a primary growth located elsewhere in the body.

Sharon - Thank you for your reply...one more question...Am I eligible for DIC since my husband was just awarded 100% in November 2008 (effective Jan 2008)???

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Sharon - Thank you for your reply...one more question...Am I eligible for DIC since my husband was just awarded 100% in November 2008 (effective Jan 2008)???

Yes :D

Dependant Indemnity Compensation (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.




    http://www.vba.va.gov/bln/dependents/index.htm


Edited by sharon

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Sharon - Thank you for your reply...one more question...Am I eligible for DIC since my husband was just awarded 100% in November 2008 (effective Jan 2008)???

If he dies from Liver Cancer and is NOT rated as service-connected for Liver Cancer by the VA, you will NOT be eligible. If you haven't done so already, you need to file a Claim with proof from a Doctor that his Liver Cancer is related to the other cancer...don't wait, the VA ONLY pays DIC if death condition is service connected "in your case", because you do NOT met the other requirements of time (10 years at 100%).

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If he dies from Liver Cancer and is NOT rated as service-connected for Liver Cancer by the VA, you will NOT be eligible. If you haven't done so already, you need to file a Claim with proof from a Doctor that his Liver Cancer is related to the other cancer...don't wait, the VA ONLY pays DIC if death condition is service connected "in your case", because you do NOT met the other requirements of time (10 years at 100%).

Right-

if the SC cancers 'contribute to his death' and this is clearly stated on the death certificate-or the SC cancers directly caused his death-as stated on the death certificate- than they VA will award DIC.

If his death is caused by a form of SC cancer that had metasized into liver cancer-that-by medical evidence showing the association- will help a DIC claim.

I dont see that in your post- the actual medical connection of his SC cancer to his liver cancer.

I highly recommend (although I am always uncomfortable with posts abput DIC when the vet is still alive)

that when a spouse dies, the survivor should get an autopsy performed.

What a coroner wrote on my husband's death certificate was accurate but fairly brief.

The autopsy (free because he was an organ donor) was 6 pages long.

I could not have proved malpractice caused his death without that autopsy-never realising this when the Organ Bank called me hours after his death for the harvest information.

Autopsies have been on many cases the only way the widow obtained DIC.

VA tried to knock down my 1151 DIC claim many times.

Although the med recs revealed significant heart disease, he was never diagnosed or treated for it.

A Cardiologist who had just read his ECHO told me there was "nothing" wrong with his heart.

VA even denied saying he could have had a "fatal encounter with cocaine"causing his sudden death.

I know how low they can go.

The actual doctor's report (and they forgot of course to include this part in the SSOC)

added-"which could have been ruled out with full toxicology report"and autopsy

I knocked that doctor down with the 'full toxicoplogy'report =which had disappeared from the C file numerous times and the letter from the Organ Bank.

Only an autopsy can fully reveal the causes of death.

The autopsy in my case proved -prime facie - additional charges I had made-that Rod had suffered a CAD while employed at the VA which was diagnosed as a sinus infection and had suffered multiple strokes they attributed to an ear problem (which he didnt have)

The autopsy and toxicology revealed he only had his VA meds in his system and that the cocaine statement was totally without any medical rationale.

If his SC cancer is metasizing into other cancers. this is the time to get a doctor to fully state this in the medical records.

Also it should be formally claimed as soon as this is medically verified.

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