Dic

[cjevans]

I have my husbands death certificate and I'm wondering if I write the cause of death here can you tell me if I will qualify for DIC benefit. My husband was 100% Disabled due to service connection Cancer of the Larynx (twice). His death certificate reads:

Immediate Cause of Death: "PROBABLY METASTATIC ADENOCARCINOMA OF PANCREAS TO LUMBAR SPINE"

Other Significatan Conditions contibuting to death but not resulting in the underlying cause given: "HYPTHYDROISISM, HISTORY OF LARYNGEAL CANCER"

I will be filling out forms this weekend. Just am curious to know if this is gonna fly with VA.

Thanks Kindly for any responses

[Berta]

VA will service connect any death -with larynx cancer contributing-but only if the condition was in a veteran who served in Vietnam or for a limited period of time and place in Korea near the DMZ.(due to exposure to Agent Orange)

Larynx cancer is AO presumptive 38 CFR 307.Any AO presumptive cancer which has metasized into another form of cancer -causing and contributing to death- will also be service connected in any vet with proven exposure to Agent Orange.

There are about 43 Soft Tissue sarcomas that also can be service connected due to AO.

The list is here at hadit and also at the NVLSP web site.

Otherwise you have to prove his conditions causing or contributing to his death have a direct medical link and etiology to his service.

[cjevans]

Thanks Berta for your reply. Yes, my husband is 100% service connected for cancer of the larynx. He was just diagnosed 1 1/2 months ago with Pancreatic, lumbar spine L5 and L8 and also liver cancer. He passed away 4 weeks later.

I'm getting ready to turn in DIC form and Burial Benefit form when i received final death certificate next week.

My question is: Do I send these two forms in now and wait to see if they approve or want information after they receive my forms?

[Berta]

OH OK - I forgot that-sorry

I would send in the entire 21- 534 form ASAP with proof of mailing (keep a copy of it)

and the burial forms and also- are there any children under 18 in the home?

If you receive SSA for them under his SSA account file out the REPS form too-I just remember-

I got award yesterday-they owe me 2 years of REPS benefits.

Also they will need at some point the Death Cert, Marriage License and maybe other stuff that they probably already have but they might ask again.

Sharon makes a good point-they should have enough-sometimes less is better!

And I agree too that a VSO should help you with this.A VSO is one more source of proof when we mail them stuff that they might lose.

Death Certs-they might want a certified copy and these can get expensive.

[cjevans]

No children under 18. I will get death cert next week. I have a preliminary copy now. I have most of 21-534 filled out already and burial benefit form.

What is the REPS SSA benefit? My husband was getting SS disability and I already filed with them for the standard 250 dollar benefit but don't know what the REPS is?

I've been represented by American Legion and they have been pretty good so far about receving all our paperwork and making sure VA get it.

[Berta]

REPS Restored Entitlement Program-Survivors.

In 1981 the Omnibus Reconciliation Act altered SSA death benefits for parents of a child who received SSA on their deceased parent's record.

It meant that prior to that a surviving parent received SSA up to age 18 of the child and even longer if chilc still in school under the SSA Survivors benefits.

Pres Reagan stopped it all-

when most widows/widowers with children needed this benefit the most-as college age approached these children-which was paid for by the deceased worker's wages in their lifetime.

Upon any award of direct SC death in these cases-the VA must send the REPS part of the 534 form to REPS office (technically a SSA program) and the survivor will receive those two years of SSA that Omnibus Reconciliation Act took away.

My reps didnt even have a single clue on this program. I just hope they advised widows or widowers with small children to make sure they filled out the form and sent it with the 534.

NVLSP makes the point that thousands could potentially be eligible for REPS if they fit the criteria:

Direct SC death and cut off of parent's SSA survivor benefit when child reached 16.

Edited May 3, 2009 by Berta

[cjevans]

Thanks Berta for info on SSA ....doesn't apply to me (not having children under 18)...but GREAT information that I didn't know about. Take care!