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Need Advice On Claim

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4ransom

Question

:) I have really enjoyed reading everyone's comments but have never replied or written .

This board is new to me so hope I'm doing this correctly.

I need advice on getting help with my DIC benefit claim.

My husband died from a heart attack going on 6 months ago. He had PTSD, and a 50% disability,

he was trying to get a 100% disability at his time of death.

I'am disabled and in the process of getting my SSD, but that could be many months or maybe a yr. or more.

I have filed for DIC but all I get is a letter each month from VA saying my case is being worked on. I have no income and haven't had since my husband died in Sept.2005.

Please help me if you know of anything I can do to speed this process up. Thank you in advance.

Kat

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Guest Jim S.

Berta is our resident expert on DIC claims, but one thing comes to mind, a cause of Death. If it could be shown that his heart condition was a direct result of his PTSD. This should help show SC for his heart attack.

Jim S. :)

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Guest Berta

Yes- Jim is right- the cause of death on the death certificate has to be related to his SC disabilities by medical evidence-

The claim form covers any accrued benefits -you might have to support that claim with more evidence as well as the DIC claim.

"He had PTSD, and a 50% disability,

he was trying to get a 100% disability at his time of death."

PTSD has been associated with heart disease in veterans.

The VA has granted some of those claims such as this one- granted by the BVA:

http://www.va.gov/vetapp05/files3/0514550.txt

It takes clear medical evidence, that outweighs any negative medical evidence,to prevail on this type of claim.

I suggest that you get copies of all of his medical records and see if there is anything at all in there (from his treating physicians or his shrink) that could support the claim-I have a claim like this pending and found medical statements 10 years later -Rod died in 1994- that help this claim as to PTSD and heart disease

but I also think you will need to get an independent medical opinion from a private doctor who could medically show the connection.

My Accrued benefit claim took 3 years and my DIC claim took a little more that that long-it was unusual situation so I dont think you will wait that long- if you have good evidence-

and if they properly use it and dont lose it as they did in my case-

but these claims always take time-but

a good Independent Medical Opinion could possibly forestall a very long wait.

Do you have some evidence to support the accrued claim as well as the DIC claim?

Did your husband get SSA disability benefits?

Is there any documentation that he had problems on the job due to PTSD (other then what they already used to award the 50%)

From the last award date, what evidence can you send them that shows that either the 50% was too low at that time or that the 50% at that time increased in it's affect on the veteran?

Do you have list of his SC medications and did VA evaluate them as to side affects to employability when they decided on the 50%? If not -that is some new evidence to consider now.

Did he ever apply and get turned down for VA Voc Rehab?

That is evidence of uemployability.

You have 2 claims to focus on- the accrued claim and the DIC.

Evidence to support the accrued claim could make that go a little faster and possibly award you some retro payment to help you wait out the DIC claim results.

I am sorry you lost your husband. It is a devastating event.

If your income is very low, and if he was a wartime veteran- they are most likely considering you for a pension-that would sure help you too---did you fill out the 21-534 thoroughly as to every part?

Do you have a vet rep or service officer?

They might possibly be able to push for a pension decision since you are disabled and without income but the SSA benefit- but if you succeed there -this will affect the pension and reduce or eliminate it.

If they ask for more info- like the marriage license, death certificate-

be sure to send them what they need as soon as you can.

Berta

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Yes- Jim is right- the cause of death on the death certificate has to be related to his SC disabilities by medical evidence-

The claim form covers any accrued benefits -you might have to support that claim with more evidence as well as the DIC claim.

"He had PTSD, and a 50% disability,

he was trying to get a 100% disability at his time of death."

PTSD has been associated with heart disease in veterans.

The VA has granted some of those claims such as this one- granted by the BVA:

http://www.va.gov/vetapp05/files3/0514550.txt

It takes clear medical evidence, that outweighs any negative medical evidence,to prevail on this type of claim.

I suggest that you get copies of all of his medical records and see if there is anything at all in there (from his treating physicians or his shrink) that could support the claim-I have a claim like this pending and found medical statements 10 years later -Rod died in 1994- that help this claim as to PTSD and heart disease

but I also think you will need to get an independent medical opinion from a private doctor who could medically show the connection.

My Accrued benefit claim took 3 years and my DIC claim took a little more that that long-it was unusual situation so I dont think you will wait that long- if you have good evidence-

and if they properly use it and dont lose it as they did in my case-

but these claims always take time-but

a good Independent Medical Opinion could possibly forestall a very long wait.

Do you have some evidence to support the accrued claim as well as the DIC claim?

Did your husband get SSA disability benefits?

Is there any documentation that he had problems on the job due to PTSD (other then what they already used to award the 50%)

From the last award date, what evidence can you send them that shows that either the 50% was too low at that time or that the 50% at that time increased in it's affect on the veteran?

Do you have list of his SC medications and did VA evaluate them as to side affects to employability when they decided on the 50%? If not -that is some new evidence to consider now.

Did he ever apply and get turned down for VA Voc Rehab?

That is evidence of uemployability.

You have 2 claims to focus on- the accrued claim and the DIC.

Evidence to support the accrued claim could make that go a little faster and possibly award you some retro payment to help you wait out the DIC claim results.

I am sorry you lost your husband. It is a devastating event.

If your income is very low, and if he was a wartime veteran- they are most likely considering you for a pension-that would sure help you too---did you fill out the 21-534 thoroughly as to every part?

Do you have a vet rep or service officer?

They might possibly be able to push for a pension decision since you are disabled and without income but the SSA benefit- but if you succeed there -this will affect the pension and reduce or eliminate it.

If they ask for more info- like the marriage license, death certificate-

be sure to send them what they need as soon as you can.

Berta

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