Lost A Good Friend On His 64Th B'day

[Philip Rogers]

Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts.

I need to help his wife and need to verify what I need to do.

1.) Apply for his final check.

2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.

3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage.

4.) Apply for his VA life ins benefit.

5.) Apply for DIC.

6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???

7.) Request a complete copy of his c-file and medical records.

8.) Anything I forgot???

Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time.

pr

Edited May 13, 2011 by Philip Rogers

[Philip Rogers]

Further clarification of her claims/awards. She received a check in the amount of his monthly payment, which is considered his last months check. She received $2,919 plus the $1,400 DIC payment. The VA did not prorate his last check. He died on May 6th but she was paid the full amount for May, the month of his death. The $2100 quoted was an error on her part. She was also awarded the widow's pension but because her DIC pays more she receives the DIC, which is the higher amount. She still has a claim pending for direct service connection, however I believe we'll drop that. She's receiving the DIC based on the 10 yr rule and we feel it's unnecessary to pursue the direct SC, as there is no additional benefit, that we know of. She also received notice of Chap 35 award, ChampVA and an MWR ID card.

pr

[carlie]

pr,

Sounds like all the VBA bases are covered.

Has she checked for any additional state benefits -

perhaps no property taxes, etc . . .?

[Philip Rogers]

Thanks, carlie, we are taking care of those also.

pr

[john999]

If you consider almost all surviving RVN vets will probably die from an AO disease. When they made DMII,lung cancer, prostate cancer and IHD as presumptive they pretty much covered the bases.

[Philip Rogers]

John, I agree. Just so everyone understands, I've only been posting this info so that others will know how long it takes, for the VA, to process these types of claims. I was really surprised by the VA's speedy response!! They called and stated they would award based on the 10 yr rule, so that she would have some income while processing the direct SC claim. Can anyone think of any reason we should continue the direct SC claim, other than if the family wants it done, just because it'll make them "feel" better?? There would be no other benefit that I can think of. Thanks all!

pr

[john999]

For direct SC death the VA pays for funeral in part.