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jswells

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I am from kentucky and am trying to get widows dic... husband passed away in Jan. due to renal failure, he was on dialysis for 5 years... he was only 60. He was rated 100% ++ for diabetes.. strokes ...PID, seizures and renal failure related to Agent Orange...my naive self thought was a no brainer...I am working with a DAV agent....still waiting to hear something how long is this going to take? I am so afraid of being rejected.

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  • HadIt.com Elder

I don think you will have a big problem. The Ro just likes to take their time on all issues.

J

<H1 style="MARGIN: 0in 0in 0pt; mso-pagination: widow-orphan">What Is DIC? </H1><H1 style=MARGIN: 6pt 0in 0pt 9.35pt; mso-pagination: widow-orphan">DIC is a monthly benefit paid to eligible survivors of a</H1><H1 style=MARGIN: 0in 0in 0pt 27.35pt; TEXT-INDENT: -0.25in; mso-pagination: widow-orphan; mso-list: l0 level1 lfo1">· military service member who died while on active duty, active duty for training, or inactive duty training,OR</H1>· 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 Is Eligible?

The 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, active duty for training, or inactive duty training, 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.*

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

The surviving child(ren), if he/she is:

· not included on the surviving spouse’s DIC

· 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.

The surviving parent(s) may be eligible for an income-based benefit. See our fact sheet, Parents’ DIC.

<H1 style="MARGIN: 0in 0in 6pt; mso-pagination: widow-orphan">How Much Does VA Pay?</H1>The basic monthly rate of DIC is $1,154 for an eligible surviving spouse. The rate is increased for each dependent child, and also if the surviving spouse is housebound or in need of aid and attendance. VA also adds a transitional benefit of $286 to the surviving spouse’s monthly DIC if there are children under age 18. The amount is based on a family unit, not individual children. Benefit rate tables, including those for children alone and parents, can be found on the Internet at http://www.vba.va.gov/bln/21/Rates or call the toll-free number below.

<H1 style="MARGIN: 0in 0in 6pt; mso-pagination: widow-orphan">How Should a Claimant Apply?</H1>Claimants should complete VA Form 21-534 Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child.

<H1 style="MARGIN: 0in 0in 6pt; mso-pagination: widow-orphan">What Are Some Related Benefits?</H1>Health Care (CHAMPVA) Federal Employment Preference

Home Loan Guaranty Survivors' & Dependents' Educational Assistance

<H3 style="MARGIN: 0in 0in 0pt 0.25in; mso-pagination: widow-orphan">For More Information, Call Toll-Free 1-800-827-1000</H3>

or Visit VA’s Web Site at www.va.gov.

Compensation and Pension Service – December 2008

Edited by jbasser
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  • HadIt.com Elder

jswells, welcome to Hadit. I too am sorry for your loss and hope you know we are here for you.I think it's nice that you have a vso to help, but you can get information for yourself like Pete said. Even as a vet and widow, I've found VA claims are challenging with learning thier abbreviations and getting familiar with the VA way of doing things. dates forms and such. Do keep good notes. From what I and others have found the most important thing, strong Medical opinions.

A few thoughts, did you know medical records are rarely kept beyond 7 years? and some are even retired to depository. Also death certificate and DD214 service dates need to match.

Hope that your fear of being rejected are lessened knowing your VSO and many are here for you. I hope you question everything, again and again - note it and keep in contact with your freinds.

Blessings to you,

Cowgirl'up2009!

Edited by cowgirl
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As long as the medical records show (or you can get a doctors statement saying) that the renal failure is secondary to the diabetes, that should be no problem.

I am glad to hear you have a kind and informative representative. That will help a lot!

Do be aware that if you are granted DIC (and I believe you will) - they will send you back pay.

Also be aware that this might take some time. (i.e. don't absolutely count on it arriving until it is in your hand.)

Plan B's are wonderful things to have.

Also - have you been granted your husband's Month of Death payment yet? Be careful of this one, as the VA has been known to reclaim this money (i.e. suck it directly out of your bank account) and make you fight to get it back. Make sure they have granted you the right to keep it. (As the widow, you have the right to keep the payment for the month of death).

Much much much much much luck to you!

Free

Thanks for your reply all I know is that it is at a site to be ??? ranked or reviewed...what has me worried is that on his death certificate cause of death was renal failure not diabetes specifically. My representative is Eileen a very kind and informative person..
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I am AO widow too-

This claim should not take forever- as long as the renal failure and/or his AO conditions are listed on the death certificate or autopsy-the claim should not be difficult for VA to award.

But How long ? That is so hard to even guess on-

What VARO do you deal with?

You are entitled to his last compensation check as well as DIC- the VA web site has info on how to get that (unless they sent it already to you)

I am so sorry for your loss.

Has the VA formally acknowledged your 21-534 DIC application yet?

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If and when you are 60 years old you can apply for widow's SSA benefits as well as the DIC on the record of your deceased husband and then at 62 you can apply on your own record if that is greater SSA amount.

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