Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
mrsbud5273

Dic Help - Survivor

Question

My Dad passed away last week from a non-service related illness. He was in Vietnam and has been on 100% PTSD for 7 years. He had gone through the application process for VA disability for over 2 years before he was approved and he recieved back pay for that time. My question is...for my mom to recieve DIC for a non-service related death, the VA website says this...

"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"

When is says "entitled to recieve", does that mean that the 10 year period dates back to when he was first diagnosed with PTSD, although he didn't apply for disability at that time...or is the 10 years begin at the time is application was approved? Please, if anyone has any insight, I would be very appreciative! I can't seem to get any consistent answers from anyone in any VA office I contact. Thank you

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

Did he have any claim pending at death that your mother is going to substitute herself for to continue?

Section 1318 claims can be very difficult to succeed in.

The VA is very strict on the ten year rule for 1318 DIC.

There is one way to attempt to gain DIC when ten years were not established as 100% SC.

That would be a CUE claim which could challenge the PTSD earliest effective date that the veteran received in his lifetime.

I found about 100 1318 CUE claims from widows at the BVA and all were denied but one:

I think they remanded it because she asked for a hearing.

What did he die from?

Have you checked the Agent Orange presumptive list of disabilities to see if there is possible way to file for direct SC death?

Citation Nr: 0926646

Decision Date: 07/16/09 Archive Date: 07/22/09

DOCKET NO. 06-07 292A ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in Cleveland,

Ohio

THE ISSUE

Entitlement to dependency and indemnity compensation (DIC)

benefits under 38 U.S.C.A. § 1318 on the basis of clear and

unmistakable error (CUE) in RO decisions dated in October

1947, October 1949, February 1950, December 1960, and May

1985.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of

the United States

ATTORNEY FOR THE BOARD

Stephanie L. Caucutt, Associate Counsel

INTRODUCTION

The Veteran served on active duty from December 1941 to June

1945. He died in July 1986; the appellant is his surviving

spouse.

This matter comes before the Board of Veterans' Appeals

(Board) on appeal from an October 2007 rating determination

of a Regional Office (RO) of the Department of Veterans

Affairs (VA) in Cleveland, Ohio. The Board remanded this

issue in July 2008 for the issuance of a Statement of the

Case in accordance with Manlincon v. West, 12 Vet. App. 238

(1999). The agency of original jurisdiction (AOJ) sent the

appellant a Statement of the Case in October 2008, and she

submitted a Substantive Appeal in December 2008. The AOJ

then returned the case to the Board.

Please note this appeal has been advanced on the Board's

docket pursuant to 38 C.F.R. § 20.900© (2008). 38 U.S.C.A.

§ 7107(a)(2) (West 2002).

The appeal is REMANDED to the RO via the Appeals Management

Center (AMC), in Washington, DC. VA will notify the

appellant if further action is required.

REMAND

The appellant indicated on her VA Form 9 (Substantive Appeal)

received in December 2008 that she desired a hearing at a

local VA office before a member of the Board. As such

hearing has not yet been conducted, this matter should be

REMANDED to schedule the appellant for a local hearing before

a member of the Board. See 38 C.F.R. §§ 20.703, 20.704,

20.1304(a) (2008).

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's

docket pursuant to 38 C.F.R. § 20.900© (2008). Expedited

handling is requested.)

Schedule the appellant for a hearing

before a member of the Board per her

request. Appropriate notification should

be given to the appellant and her

representative, if any, and such

notification should be documented and

associated with the claims folder.

The appellant has the right to submit additional evidence and

argument on the matter or matters the Board has remanded.

Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law

requires that all claims that are remanded by the Board of

Veterans' Appeals or by the United States Court of Appeals

for Veterans Claims for additional development or other

appropriate action must be handled in an expeditious manner.

See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).

_______________________________________________

Share this post


Link to post
Share on other sites

Ad

Could the PTSD be a contributing factor to the veterans death? If so your mother could still file. Need more information. What is the cause of death on the death certificate?

Share this post


Link to post
Share on other sites

Sharon is Right !!! I overlooked if PTSD could have been contributing factor-

Most coroners and MEs never put PTSD on a death certificate.

Death certificates have been amended to include PTSD (I helped a widow do that regarding another disability) BUT it still takes medical evidence that shows exactly how the PTSD contributed to death.She had an IMO too and she won her claim.

I also noticed that the BVA does not view amended death certificates in a favorable light unless there is supportive medical evidence for the nexus.

In one case the BVA actually stated t appeared there had been pressure put on someone to amend the death certificate in regards to a DIC case.

As Sharon asked-we need to know the documented cause of death and we can help more.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines