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Pension Management Center


Susan
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Question

I sent supporting information for DIC and any other benefits relating to Don's claims since 1992 for AO IHD in August of 2010. I received a denial in September of 2010 stating that I had no benefits. The denial came from St Paul Minnesota and it also stated that Don had no benefits due him at the time of his death either. So, I submitted more information of his medical records. I received a letter from Pension Mgmnt Ctr. St Paul MN this week. It stated to send more information before they could open the claim. St Paul stated that the medical evidence that I had sent with the second supporting information would be entered to Don's file. There has been no mention of Nehmer. I have not received anything from the VA yet about Don being denied prior to his death in 2000. Has anyone had experience with St Paul MN in regards to AO and Nehmer? I live in Texas and since Don and I both have had no luck with Texas reps yet, I have been working with an out of state group with service officers. A friend in the same circumstances sent her claim in August the same day that I did. Her claims have gone to Washington State and she is set to receive her benefits at any time. I worry that if I send my information to St Paul MN again, that they will only look at it as a pension which I would not qualify for since I work full time.

Thanks for any input,

Susan

AO IHD widow of Don-C the vet

PTSD sc zero %

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Guest terrysturgis

Susan, as I posted in your welcome post, now that you have been denied you may want to look into getting an attorney to help you with the battle. I agree that you need to persue the DIC not pension. If your husband was denied for IHD in 1992, the new presumptive list opened the door for your claim. I have a friend in Alabama that just won 30% for IHD. Good luck. Terry

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Susan I answered in the other post but moved my reply here:

"I think a Moderator will put your question in Claims Research-or the DIC forum-to get more eyes on it.

Did your husband's death certificate state heart disease caused or contributed to his death?

Was he an incountry Vietnam veteran?

Was his heart disease ischemic in nature? Almost all forms of coronary artery disease are ischemic.

Did you re-open his pending claims when he died?

Did the VA deny him or you specifically for the heart disease in any past decision?

If so there is contact info for NVLSP in the AO forum.

If your husband was incountry Vietnam and had Ischemic eart disease that contributed to his death and was denied for IHD in a past rating decision (or you were)

NVLSP wants to hear from you or anyone in similiar past denial circumstance for their data base on the new AO resumtpives to make sure we get the proper retro amount.

I reopened my IHD claim in August and it is with Nehmer rater in Philadelphia. Have you received any acknowledgement or letter yet from the VA on this claim?"

I just read your other posst here-can you tell us exactly why they denied the claim?

Can you cover personal info and scan and attach their reasons and bases for the denial?

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Thank you Terry. You are probably right that I will need a lawyer.

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Did your husband's death certificate state heart disease caused or contributed to his death?

Yes. His death cert states: 1. acute massive myocardial infarction (sudden) 2. Severe Atherosclerotic heart disease (years) 3. Cardiac Arrythmia (years).

Also he had triple bypass in 1995. I submitted that info in August 2010.

Was he an incountry Vietnam veteran?

Yes. He was at different locations in country. He was Army and not Seaman as the profile shows. I never found a place to fix that specifically or his rank.

Was his heart disease ischemic in nature? Almost all forms of coronary artery disease are ischemic.

Yes.

Did you re-open his pending claims when he died?

Yes. In March 2000 the local vet rep advised me that I would have to prove that his service in Viet Nam would have caused the heart disease and that I had no hope. He was to have filed a claim and he told me to return within a year. He advised to be sure and return to keep the claim open. I returned and he asked why was I there. I told him and he said that he did not tell me that.

Did the VA deny him or you specifically for the heart disease in any past decision?

Yes. The last time they denied Don was a 1997 claim if my memory is correct. I have the papers. He had a hearing with someone from Washington at the Waco office and DAV represented Don.

If so there is contact info for NVLSP in the AO forum.

Yes. I did contact NVLSP on Monday December 20,2010. No response yet. I thought I would hear something by now. After reading some posts here I understand that it will be a generic or canned response. I am grateful for that though. Glad they are looking out for the veterans and widows.

If your husband was incountry Vietnam and had Ischemic heart disease that contributed to his death and was denied for IHD in a past rating decision (or you were)

NVLSP wants to hear from you or anyone in similiar past denial circumstance for their data base on the new AO resumtpives to make sure we get the proper retro amount.

I reopened my IHD claim in August and it is with Nehmer rater in Philadelphia. Have you received any acknowledgement or letter yet from the VA on this claim?"

I just read your other posst here-can you tell us exactly why they denied the claim?

Yes. I had remarried in 2007. They denied because I had remarried. (I am in the process of getting a divorce.} I read in Nehmer guidelines over the years that a surviving spouse could remarry.

Can you cover personal info and scan and attach their reasons and bases for the denial?

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These are the DIC regulations: In part:

www.vba.va.gov/bln/21/FactSheets/DICEG.DOC -

"Can DIC be restored for a surviving spouse who remarried?

Yes. DIC can be restored if the remarriage ended in death, divorce or annulment.

Also, a surviving spouse who remarries on or after attaining age 57, and on or after December 16, 2003, can continue to receive DIC.

However, a surviving spouse who remarried before December 16, 2003, and on or after attaining age 57, must apply no later than December 15, 2004, to have DIC restored. VA must deny applications received after that date. "

They are making the point that this involves a restoration of DIC that might have been terminated due to a new marriage.

Of course a divorce will terminate the newer marriage ,but I will see if I can find anything in Nehmer about this.

Did you apply for DIC prior to the IHD regulations?

"In March 2000 the local vet rep advised me that I would have to prove that his service in Viet Nam would have caused the heart disease and that I had no hope. He was to have filed a claim and he told me to return within a year. He advised to be sure and return to keep the claim open. I returned and he asked why was I there. I told him and he said that he did not tell me that." Sounds like a rep I had.

He might have cost you money by not filing the claim in 2000.

He can be sued in a state court if he did.

Have you reported this to his boss? Do you have any proof at all in email or in their appointment book that you were there and he said this?

What vet org is he with?

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Unless I am missing something here, doesnt Susan need to file the "substitution" form to continue her hubbies persuit of his claim after death and THEN be awarded DIC?

Altho this may be "the long way around", there may be a benefit to Susan, if "I have it right". The benefit to Susan would be that she could collect the benefits TWICE.

1. You could collect the benefits that your hubby was entitled to.

2. You could get your DIC benefits you are entitled to as his spouse.

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