Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

After An Award Is Made...

Rate this question


akwidow

Question

Simple question here -

DIC for service connection for cause of death is my recent award.

Can they (VA at any station) take that away from me because I file a cue or two on erroneous denials my late husband received when he was still alive?

"Do one thing every day that scares you." Eleanor Roosevelt

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Thanks for all that work, Berta...I have studied the DIC regs and I remember some of the benefits. I am not re-married, and don't worry about that issue. I will take advantage of the education benefits - and the champus of course. It will be the first time I have ever had steady medical. I have record of his burial, and will be sending off that bill to be paid.

"Do one thing every day that scares you." Eleanor Roosevelt

Link to comment
Share on other sites

There is a little more here as to the Substitution of claimants-

http://www.vawatchdog.org/09/nf09/nfmay09/nf052609-1.htm

There are deadlines to ask for substitution and the claims had to be open or pending at time of the veteran's death.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

The most important date in this substitution issue reg. is that it does not take effect until after death of veteran who died on or after October 10, 2008.

So consequently, this regulation does not apply to my situation since my vet died in 2004.

I will fight my/his battles, win or lose. They cheated him out of valid compensation when they denied him so many times.

BTW, when I addressed the old denials, I asked them to cue themselves.....not a CUE by me. I believe this is a different legality?

AkWidow

"Do one thing every day that scares you." Eleanor Roosevelt

Link to comment
Share on other sites

  • HadIt.com Elder
There is a little more here as to the Substitution of claimants-

http://www.vawatchdog.org/09/nf09/nfmay09/nf052609-1.htm

There are deadlines to ask for substitution and the claims had to be open or pending at time of the veteran's death.

I have a sincere question:

I have a couple, friends of ours, Mormons or Latter Day Saints, or whatever...........they kinda changed from being called Mormons, for some reason.

Anywho, we were visiting a couple weeks ago and we were talking about how the Mormons used to have believe in "plural" marriages, and, of course, it was pointed out to me that "they" (meaning the mainstream Mormons, I suppose) do not hold to that belief anymore, but that there are "sects" of Mormons that still hold to plural marriages (funny how that always works out where the HUSBAND has more than ONE wife, and never how the WIFE has more than ONE husband.......but, I digress).

What would that amount to, as far as DIC is concerned?

I know, I know, I have WAY too much time on my hands, but, expiring minds like mine want to know.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • Lead Moderator

Larry..

Yes, you do have way too much time on your hands. Lol. Our laws will only recognize ONE spouse per person at any given time. Period. You are either married to one person or you are not, and you cant be married to multiple people at one time and that is polygamy whether you are a mormon, a sun-worshiper, or Elvis Presley. Only one person can be your spouse at any given time, and if you say that you have multiple wives or husbands, you could be tried for polygamy.

I think you can count on the VA only recognizing ONE spouse, and I dont even recommend you tell the VA about the other 3 spouses, if you have them. There is a legal principal that says that any contract has to have a "lawful purpose" or it cant be enforced.

In other words if you agreed to sell someone 5 grams of cocaine each month at $100 per gram, the law would never enforce such a contract as it does not have a legal purpose. In the same way, the VA would not pay for 3 different spouses at the same time, and I dont think you could claim all 3 on your taxes either.

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use