Sc Dic Won Over A Month Ago....no Notice In The Mail

[Judy]

Unbelievable!

VARO called me April 23rd to say that I won the 18+ year old SC DIC claim.

"The letter will be in the mail to you....fifteen days after the letter is mailed, the check will follow"...

As of today 34 days later, they can't EVEN FIND the file!! I have received nothing in the mail and all my phone calls to the VARO Rep have resulted in "we can't find the file".

I have been told during this month long saga, "file went to raters"; "file went to review"; "file went to post department"; "file is in accounting" and much more. Only I have no letter and they can't even find the file.

I was told today that I can choose to "wait" or I can contact my Senator for help.

Judy

[Judy]

I wish to make a slight correction to my previous post (and add a footnote):

"My focus on this matter is twofold: (threefold I should have said)

1) to get the DIC monthly pay corrected by the amount of the 8 yr spouse rule (f) as posted above;

AND

2) to get the retro pay back to date of death (instead of the two years they just gave me....only back to date of re-opened claim)"

Correcting to include:

3) Proving the wrongful reduction of decreased rating (from 100% to 30%) beginning in 1970 and ending in 1982 (when it was increased to 100% again)...and thereby collecting the 12 years of pay differential that was due him.

This point is HUGE as it would also mean that instead of being 100% for eight years prior to death, it would be a continous 22 years prior to death. I'm not sure that it really matters now that SC DIC was awarded. Berta? The award letter says "denial of the 1151 claim is continued"..... what would be the sense of a NOD or appeal on the 1151 at this time????

Also Berta, I did dig out the original claim and the doctor who wrote the original letter to support my appeal on the original denial of the SC DIC made NO MENTION of any malpractice... doesn't surprise me as I had no clue until after I met Dr. Bash and we collaborated on these med recs.

Guess I will try to proceed with the FTCA claim..... that is...IF I can find a lawyer who wants to take it on and BELIEVES in my claim!! So far, I haven't found one. TIME is running out too.

I may have to pursue FTCA by myself; not something I really want to do.

Judy

[Berta]

I sure would file a CUE claim on that older DIC decision Judy and then mention that the 8 year provision is part of the 'manifested and altered outcome 'of the previous denial.

"Proving the wrongful reduction of decreased rating (from 100% to 30%) beginning in 1970 and ending in 1982 (when it was increased to 100% again)...and thereby collecting the 12 years of pay differential that was due him.

This point is HUGE as it would also mean that instead of being 100% for eight years prior to death, it would be a continous 22 years prior to death. I'm not sure that it really matters now that SC DIC was awarded."

I am not sure either- as -would this affect the EED?

The CUE on the past decision denying DIC could trump this anyhow and that would be the better award. (I think) hope others chime in here-

The award letter says "denial of the 1151 claim is continued"..... what would be the sense of a NOD or appeal on the 1151 at this time????

Perhaps nothing could be gained -if you file the FTCA-

"I may have to pursue FTCA by myself; not something I really want to do."

Judy-it was easier for me to succeed in my FTCA claim that in the other claims I have had.

It was very time consuming and we had no internet then like we do now-

but it seems to me that you had very strong basis for FTCA and that Dr. Bash agreed.

You can file the SF yourself and send them anything from Dr. Bash and the specific medical records that support the basis for the claim.

If I were you I would file it with the Regional (District COunsel) C/O the VARO you deal with as well as with OGC in DC.

The VA will take some time to respond and this gives you more time to seek a lawyer or to pursue on your own.

Filing the SF 95 -with proof of mailing-stops the Statute of Limits from running out.

[Berta]

I need to add something - and I am sure that this does not apply to you Judy-but maybe some widows and widowers out there are following this topic.

a vet org I belong to is dealing with a difficult widow's issue-it is difficult because the widow is failing to comprehend the accrued benefit regulations.

The veteran died with no claim for SC pending. He had been denied sometime before he died and did not appeal the denial within the appeal period.

The widow has no accrued benefit status but insists she does.

I posted a topic under DIC forum as to Accrued.

Also a 21-534 which contains the accrued benefit statements must be filed within one year after the veteran's death.

Even if the vet DID have a pending claim at death -the VA will not process nor award accrued if the accrued claim was made after that first year after the veteran's death.

Accrued benefit claims of widows and widowers must be re-opened formally with the 534 and then followed up on with evidence just like any other SC claim.

Also I hope your award letter contained some critical statements as to your potential eligibility to Chapter 35 Benefits.

I recall the CHAMPVA letter I got came separately from my award in 1997.

Also a direct SC death provides a widow with the Mortgage Loan Guarantee benefit and also your state might have some property exception for survivors of direct SC deaths of veterans.

Last night Mike Harris and I went over at SVR Radio some of the considerable benefits that come with awards of 100% SC P & T as well as some of the survivor awards for direct SC deaths.

Also there is the Chapter 35 DEA education benefit and also widows and widowers eligible for DIC under direct SC death can receive the A & A or HB benefit added to their DIC if their medical situation ever warrants it.

Also there is the Uniform Services Card that can be applied for-( I forget what this actually covers) and the VA is authorized to send to Gold Star Wives some information as to fact that you are DIC recipient due to SC death of your spouse.

GSWs is a great organization to join.They pushed for the retainment of DIC after remarriage for any survivor 57 or over and are trying to get this age lowered to 55.(HR 890)Also they are trying to get 12 % increase on DIC payments as well as passage of the Military Spouse Equity Act-so that SBP eligible survivors can get a repeal of the DIC offset.

Also they are pushing for S 498 which would allow CHAMPVA recipients to purchase dental insurance.

Edited June 11, 2009 by Berta

[Judy]

Berta,

I have always had the benefit of CHAMPVA and the full base priviledges that your ID card entitles you to. Funny this case of mine is so unusual. They didn't deny my benefits at time of death, they ONLY DENIED the DIC $$.

My award letter DOES mention the Chapter 35 benefits and says that I am eligible for the Educational benefits, VA homeloan etc. YIPPEE!

I will strongly consider joining GSW, it sounds very good and they are striving to help widows I can see that.

Regarding the FTCA; I will find the SF-95 on VA website and open the claim myself.. thanks for the encouragement Berta. I really feel strongly that I have a legitimate FTCA claim here.

I am positive that I have a good CUE; Bash is writing opinions for both of these claims right now.

thanks,

Judy

[Judy]

I have been all over the VA wesite and cannot find the form SF 95....can anyone point me to the form or give me a link?

Thanks!

Judy

[smilen66]

See Attachment...hopefully.

CLAIM FOR DAMAGE,

INJURY, OR DEATH

INSTRUCTIONS: Please read carefully the instructions on the reverse side and

supply information requested on both sides of the form. Use additional sheet(s) if

necessary. See reverse side for additional instructions.

FORM APPROVED

OMB NO.

1105-0008

1. Submit To Appropriate Federal Agency: 2. Name, Address of claimant and claimant's personal representative, if any.

(See instructions on reverse.) (Number, street, city, State and Zip Code)

3. TYPE OF EMPLOYMENT

MILITARY CIVILIAN

4. DATE OF BIRTH 5. MARITAL STATUS 6. DATE AND DAY OF ACCIDENT 7. TIME (A.M. or P.M.)

8. Basis of Claim (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property

involved, the place of occurrence and the cause thereof) (Use additional pages if necessary.)

9. PROPERTY DAMAGE

NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, street, city, State, and Zip Code)

BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF DAMAGE AND THE LOCATION WHERE PROPERTY MAY BE INSPECTED. (See

instructions on reverse side.)

10. PERSONAL INJURY/WRONGFUL DEATH

STATE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM. IF OTHER THAN CLAIMANT,

STATE NAME OF INJURED PERSON OR DECEDENT.

11. WITNESSES

NAME ADDRESS (Number, street, city, State, and Zip Code)

12. (See instructions on reverse) AMOUNT OF CLAIM (In dollars)

12a. PROPERTY DAMAGE 12b. PERSONAL INJURY 12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause

forfeiture of your rights.)

I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE ACCIDENT ABOVE AND AGREE TO ACCEPT

SAID AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM.

13a. SIGNATURE OF CLAIMANT (See instructions on reverse side.) 13b. Phone number of signatory 14. DATE OF CLAIM

CIVIL PENALTY FOR PRESENTING

FRAUDULENT CLAIM

CRIMINAL PENALTY FOR PRESENTING FRAUDULENT

CLAIM OR MAKING FALSE STATEMENTS

The claimant shall forfeit and pay to the United States the sum of

$2,000 plus double the amount of damages sustained by the United

States. (See 31 U.S.C. 3729.)

Fine of not more than $10,000 or imprisonment for not more than 5 years

or both. (See 18 U.S.C. 287, 1001.)

95-109

Previous editions not usable.

NSN 7540-00-634-4046 STANDARD FORM 95 (Rev. 7-85) (EG)

PRESCRIBED BY DEPT. OF JUSTICE

28 CFR 14.2

PRIVACY ACT NOTICE

This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3),

and concerns the information requested in the letter to which this Notice is attached.

A. Authority: The requested information is solicited pursuant to one or more of the

following: 5 U.S.C. 301, 38 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R.

B. Principal Purpose: The information requested is to be used in evaluating claims.

C. Routine Use: See the Notices of Systems of Records for the agency to whom

you are submitting this form for this information.

D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply

the requested information or to execute the form may render your claim

INSTRUCTIONS

Complete all items - insert the word NONE where applicable

A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL

AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR

LEGAL REPRESENTATIVE AN EXECUTED STANDARD FORM 95 OR OTHER

WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR

MONEY DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF

PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY

REASON OF THE INCIDENT. THE CLAIM MUST BE PRESENTED TO THE

APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM

ACCRUES.

Any instructions or information necessary in the preparation of your claim will be

furnished, upon request, by the office indicated in Item #1 on the reverse side.

Complete regulations pertaining to claims asserted under the Federal Tort Claims

Act can be found in Title 28, Code of Federal Regulations, Part 14. Many

agencies have published supplemental regulations also. If more than one agency is

involved, please state each agency.

The claim may be filed by a duly authorized agent or other legal representative,

provided evidence satisfactory to the Government is submitted with said claim

establishing express authority to act for the claimant. A claim presented by an

agent or legal representative must be presented in the name of the claimant. If the

claim is signed by the agent or legal representative, it must show the title or legal

capacity of the person signing and be accompanied by evidence of his/her

authority to present a claim on behalf of the claimant as agent, executor,

administrator, parent, guardian or other representative.

If claimant intends to file claim for both personal injury and property damage,

claim for both must be shown in Item 12 of this form.

The amount claimed should be substantiated by competent evidence as follows:

(a) In support of the claim for personal injury or death, the claimant should

submit a written report by the attending physician, showing the nature and extent

of injury, the nature and extent of treatment, the degree of permanent disability, if

any, the prognosis, and the period of hospitalization, or incapacitation, attaching

itemized bills for medical, hospital, or burial expenses actually incurred.

(:D In support of claims for damage to property which has been or can be

economically repaired, the claimant should submit at least two itemized signed

statements or estimates by reliable, disinterested concerns, or, if payment has been

made, the itemized signed receipts evidencing payment.

© In support of claims for damage to property which is not economically

repairable, or if the property is lost or destroyed, the claimant should submit

statements as to the original cost of the property, the date of purchase, and the

value of the property, both before and after the accident. Such statements should

be by disinterested competent persons, preferably reputable dealers or officials

familiar with the type of property damaged, or by two or more competitive bidders,

and should be certified as being just and correct.

(d) Failure to completely execute this form or to supply the requested material

within two years from the date the allegations accrued may render your claim

"invalid". A claim is deemed presented when it is received by the appropriate

agency, not when it is mailed.

Failure to specify a sum certain will result in invalid presentation of your claim and

may result in forfeiture of your rights.

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing

data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or

any other aspect of this collection of information, including suggestions for reducing this burden,

to Director, Torts Branch

Civil Division

U.S. Department of Justice

Washington, DC 20530

and to the

Office of Management and Budget

Paperwork Reduction Project (1105-0008)

Washington, DC 20503

INSURANCE COVERAGE

In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of his vehicle or property.

15. Do you carry accident insurance? Yes, If yes, give name and address of insurance company (Number, street, city, State, and Zip Code) and policy number. No

16. Have you filed claim on your insurance carrier in this instance, and if so, is it full coverage or deductible? 17. If deductible, state amount

18. If claim has been filed with your carrier, what action has your insurer taken or proposes to take with reference to your claim? (It is necessary that you ascertain these facts)

19. Do you carry public liability and property damage insurance? Yes, If yes, give name and address of insurance company (Number, street, city, State, and Zip Code) No

SF 95 (Rev. 7-85) BACK

st_form_95.pdf