Lzjump Posted January 16, 2010 Share Posted January 16, 2010 Congratulations! What a great feeling that must be! My claim for DIC was started in 2004, denied, and sent to BVA in 2006. Claim was Remanded to AMC in August 2008 and as of December 18th it has been with the Rating Board waiting for a decision. I know what you have been thru and I'm so Happy for you. Link to comment Share on other sites More sharing options...
Berta Posted January 16, 2010 Share Posted January 16, 2010 This news is WONDERFUL!!!!!!!! And claims CAN be won without IMOS but this means you did all the leg work yourself! Yes he would be Very proud of you! "It goes to show that keeping records, or gathering them afterwards as it was in my case, and never giving up were what it took to get my DIC granted." Great advise for all!!!! Please dont leave us akwidow-you have a lot to offer to inspire other widows with their claims. If your DIC claim was filed within one year after his death- did he have a claim pending at death? Did you receive the last check he was due when he died? I dont know how that works and the VA was supposed to contact all widows who didnt get the last comp check of the deceased vet. I didnt get it but my new award is pending authorization so many the VA will send that too- I need to find the VA criteria on that-it is a fairly new regulation- widows and widowers are now eligible for the last comp check due the deceased for month of death. You had the most critical thing you needed ---EVIDENCE!!!!!! My RO didnt read my evidence for over 6 years but ,like in your case, the BVA did! Absolutely wonderful news! Link to comment Share on other sites More sharing options...
akwidow Posted January 16, 2010 Author Share Posted January 16, 2010 Thank you everyone for the congratulations. I am indeed a lucky girl...at least inside I feel like a girl. On the outside I am 56 years old! Anyway - the battle is not over, the money is not in the bank even though they have my direct deposit information; I never got the last month payment even though I applied for it; I need to get the burial information costs to them so I can get paid back for that; I want to use the education benefits to make myself smarter. On top of that, I asked them to cue themselves over a 2000 asthma claim and over three old ptsd claims that were denied. So yes, I will be be here a while. The asthma claim (not open at the time of death)is a shoo-in; as they had records back to the vietnam era about his asthma treatment in their files which included no mention of asthma on the entrance exam but mention on the exit exam and over 30 years of asthma treatment records; but when the RO adjudicated his claim they said they only reviewed two recent years of treatment records. Sounds like a cue to me. I don't know what will happen with the old ptsd claims. It is obvious to me that there are more records in his file that I still do not have. They even mentioned an old claim from 1969 that I had never heard of that was sent to the RO for further consideration. This tells me that there are medical records they did not send me even though I told them I wanted them all. The work is far from over. The claim that was open at death was for hearing...they denied that one again. It sits as 0% I do have a good question. They wrote their decision on the 11th January 2010. I got the letter yesterday. I understand that the financial end of things is a seperate process...believe me I will be watching for 70 months of retro and for the current DIC to hit the bank. But besides that, I need a copy of the C-File. How long is a good estimation of time for the c-files (his and mine)to get back to the RO, where all of the other issues will be adjudicated? I live 150 miles away from the RO, and will be planning a trip there to review and get copies of what I do not have. Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted January 16, 2010 HadIt.com Elder Share Posted January 16, 2010 G-d Bless. I know how "winning" makes you feel. Enjoy it. But, be aware that some (myself included) were at a loss as to what to do, AFTER the battle. Kinda like the loss of the adrenaline rush, or somethin'. Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted January 17, 2010 HadIt.com Elder Share Posted January 17, 2010 x x x I am so happy for you!!! I hope you go on to live a long and happy life. God Bless you and your veteran. ~Wings PS I would love to see you post your Decision, especially where PTSD contributed to your husband's death. This decision may be precedential!! Good on the BVA, they did the right thing this time. Link to comment Share on other sites More sharing options...
akwidow Posted January 17, 2010 Author Share Posted January 17, 2010 Wings, your last pushes of wisdom and encouragement were a huge help in my claim...so I have you to thank as well as the BVA and our higher power, and myself for putting it together and not giving up against all odds. BTW, it is okay to thank myself, for if I had never tried for this widow's pension, I would not have received one! To thine own self be true! I knew it would be a landmark...which is why in the bottom of my heart I was ready for total rejection and VA denial. Apparently I had enough evidence that they could not turn me down - once somebody finally read it. The tone of the document goes on like a roller coaster - pro items, then con items and all, but in the end my brief's and proof won out. I read hints to me that I should follow up on the items I told them to cue themselves on, as well as an old claim from 1969 that I never heard of. I will chase those issues of course. I will post the document as soon as I can. Thanks again for all your help! Link to comment Share on other sites More sharing options...
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