buickx Posted February 25, 2011 Share Posted February 25, 2011 A friend of mine, died while being short by 84 days of being @ 100% for 10 yrs....what should the wife do about getting the @$1,200.00 she would be entitled to as a widow .... Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted February 25, 2011 HadIt.com Elder Share Posted February 25, 2011 A service connected condition would have to play a role in the veterans death, or if he was an in country Vietnam vet and died from a Presumptive condition now considered would be eligible for DIC. A claim would have to be filed. John Link to comment Share on other sites More sharing options...
buickx Posted February 26, 2011 Author Share Posted February 26, 2011 (edited) He was a photographer in vietnam....died of colon cancer....the story is very complicated......I know if one of the items he's sc connected for is listed on his death certificate , that solves the problem, but until she tells me....I'm going to have to get more info...thanks Edited February 26, 2011 by buickx Link to comment Share on other sites More sharing options...
Berta Posted February 26, 2011 Share Posted February 26, 2011 Did he have a claim pending when he died and did she file the 21-534 within one year after his death and re open the claim he had in her name or subsititute herself as the claimant? Accrued benefits in additional to DIC are awarded if the veteran died with a claim pending and the survivor successfully proves the pending claim by becoming the claimant. However this only applies top claims where as the 534 and reopen was received by VA within one year after death. Except for AO claims. If his cancer was a Soft Tissue Sarcoma on the AO presumptive STS list, then there is possibility for DIC if the cancer contributed to his death. "the story is very complicated" I have dealt with many DIC claims over the years and the story has to become as uncomplicated as possible for VA purposes VA doesnt want to deal with a complicated story. Can she come aboard here herself? She needs to break down the medical evidence to anything that would warrant DIC.Was an autopsy done? Have you read the death certificate yourself? Did the colon cancer ( not an AO presumptive unless a doctor can state it is an STS on the AO STS list) metasize from another cancer that IS on the STS list? DOes she have his C file and all of his SMRs and VA/private med recs? Link to comment Share on other sites More sharing options...
buickx Posted February 26, 2011 Author Share Posted February 26, 2011 (edited) Hi Berta... He was 100% for over 9 years...+ being short by 84 days of 10 yrs when he died.which was January 2011...he was 100% for ptsd...yes his wife has all his records, and I will try to get her on the internet to personnaly respond ... thanks Edited February 26, 2011 by buickx Link to comment Share on other sites More sharing options...
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A friend of mine, died while being short by 84 days of being @ 100% for 10 yrs....what should the wife do about getting the @$1,200.00 she would be entitled to as a widow ....
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