Dic Benefits Need Some Help

[bobbyq]

I currently have a lot of personal issues ongoing and cannot get my head on straight. Can one of you help me? I have a vet who died of liver failure nicotinism, alcoholism, and cancer of the esophagus. No service connection was ever filed UNTIL after he died which the VARO then said death it was not service connected. Widow is on pension and overpaid because of Social Security, so I guess what I need to do is file for ???? to get him service connected. He is a Vietnam era vet, has the Combat Action Ribbon, USMC, and did his three years and got out died at age 40 from the illness mentioned. I currently have a DIC in but VARO said she had been denied before. Any how I am all screwed up where to go or what to do. Any help would be appreciated.

[Berta]

Do you mean they overpaid the widow a VA death pension because she receives SSA too?

The wartime pension is restricted by any other income but can consider medical bills.

Has the VA formally charged her with an overpayment?

Has she asked for a waiver? Can you post that decision here?

Regarding the DIC- since VA denied her already -she will have to re open the DIC claim with new and material evidence.

Can you scan the denial for DIC and cover the personal stuff and attach the denial for DIC here?

If he died at age 40 when did the denial come?

If he was a Vietnam incountry veteran - was the esophagal cancer a soft tissue sarcoma?

Or does it fall into the 34 types of sarcomas the VA will SC to AO?

Can the widow come here and read the DIC forum info?

Did it metastisize to or from any other organ that might be a presumptive AO cancer?

[Pete53]

On over payment the VA also considers costs like nursing home and other things most don't think about.

From what you mentioned I think DIC is slim chance but Berta is an expert and if anyone can help I am sure she can.

Good Luck

[bobbyq]

Do you mean they overpaid the widow a VA death pension because she receives SSA too? No she failed to report the SSA!!

Regarding the DIC- since VA denied her already -she will have to re open the DIC claim with new and material evidence. I have done that but that is when VA said they had already denied the s/c before (1989) because the cancer of the esophagus was not covered by A/O in October 1989 when the decision was issued. Do you know if that cancer is now recognized? I will get the exact name of what he had the widow and the death certificate just say cancer of the esophagus??

Can you scan the denial for DIC and cover the personal stuff and attach the denial for DIC here? I will get the denial from her she lives forty miles away and I will have her fax it to me and then scan it on here.

If he was a Vietnam incountry veteran - was the esophagal cancer a soft tissue sarcoma? How would I find that out? Look at the medical records duh??

Can the widow come here and read the DIC forum info? She is not computer literate or even own a computer. We are talking backwoods folks (no slight intended)

Did it metastisize to or from any other organ that might be a presumptive AO cancer? I do not believe so.....some vets I know said they talked to just before he died and he was just a mental mess. He did see VA for PTSD, but I have to get those records. See what they say. Would PTSD service connect him even though he is dead?

You do not know how much I appreciate this, I am just down but we wont go there. Thanks Berta (my daughter's name)

[Berta]

Cancer of the esophagus is not an AO related presumptive disease.

As this recent BVA shows:

“Also weighing against the claim is the August 2009 VA opinion by

C.M., MD who noted that esophageal cancers are not currently

associated with herbicide exposure in Vietnam, and therefore, to

consider such a malignancy to be herbicide-related would be

speculative.”

and

“ORDER

Service connection for the cause of the Veteran's death is

denied.”

http://www.va.gov/vetapp10/files3/1028883.txt

BUT in this similar case the widow succeeded as the cancer of esophagus was directly related to the veteran's service by at least one very strong IMO and the BVA granted the DIC claim.

http://www.va.gov/vetapp10/files2/1015689.txt

It might be possible to raise other issues on the death certificate as stemming directly from the veteran's service if they materially contributed to his death. might....

I can predict however that the DIC claim will take a very strong and possibly very costly IMO and will take a very long time.

The deadline for accrued benefits is over and the need for new and material evidence to re-open this DIC claim(such as an IMO)might be a cost that the widow cannot incur at this time.

If the VA is taking action against her due to the pension overpayment (I think widows on VA pension have to fill out an annual income statement just like veterans on wartime pension do)I imagine they gave her deadlines to respond to and that should be the main focus of your help to her-in my opinion- as if they are going to attempt to recover this money-even if she eventually gets DIC , she wont see any of the DIC cash until the overpayment is paid anyhow.

This is only my take on what you posted and I could be wrong.

Some advice here for all- NEVER fill out a 534 application as to the income statement or a EVR for anyone!

Let them do it and sign the form themselves.

That way you cannot be held liable if someone wants to lie about their income for VA pension purposes.

[bobbyq]

Cancer of the esophagus is not an AO related presumptive disease.

As this recent BVA shows:

"Also weighing against the claim is the August 2009 VA opinion by

C.M., MD who noted that esophageal cancers are not currently

associated with herbicide exposure in Vietnam, and therefore, to

consider such a malignancy to be herbicide-related would be

speculative."

and

"ORDER

Service connection for the cause of the Veteran's death is

denied."

http://www.va.gov/ve...es3/1028883.txt

BUT in this similar case the widow succeeded as the cancer of esophagus was directly related to the veteran's service by at least one very strong IMO and the BVA granted the DIC claim.

http://www.va.gov/ve...es2/1015689.txt

It might be possible to raise other issues on the death certificate as stemming directly from the veteran's service if they materially contributed to his death. might....

I can predict however that the DIC claim will take a very strong and possibly very costly IMO and will take a very long time.

The deadline for accrued benefits is over and the need for new and material evidence to re-open this DIC claim(such as an IMO)might be a cost that the widow cannot incur at this time.

If the VA is taking action against her due to the pension overpayment (I think widows on VA pension have to fill out an annual income statement just like veterans on wartime pension do)I imagine they gave her deadlines to respond to and that should be the main focus of your help to her-in my opinion- as if they are going to attempt to recover this money-even if she eventually gets DIC , she wont see any of the DIC cash until the overpayment is paid anyhow.

This is only my take on what you posted and I could be wrong.

Some advice here for all- NEVER fill out a 534 application as to the income statement or a EVR for anyone!

Let them do it and sign the form themselves.

That way you cannot be held liable if someone wants to lie about their income for VA pension purposes.

[Commander Bob]

I currently have a lot of personal issues ongoing and cannot get my head on straight. Can one of you help me? I have a vet who died of liver failure nicotinism, alcoholism, and cancer of the esophagus. No service connection was ever filed UNTIL after he died which the VARO then said death it was not service connected. Widow is on pension and overpaid because of Social Security, so I guess what I need to do is file for ???? to get him service connected. He is a Vietnam era vet, has the Combat Action Ribbon, USMC, and did his three years and got out died at age 40 from the illness mentioned. I currently have a DIC in but VARO said she had been denied before. Any how I am all screwed up where to go or what to do. Any help would be appreciated.

(with the limited info you have posted) & giving the deceased vet the benefit of the doubt.... JMHO... It appears that he died from the residuals of PTSD. What does the death certificate say? Did he ever apply for PTSD? This is an up hill struggle all the way... then we get to the mountain.. a mtn. that I regret cannot be reached without a team of Philadelphia lawyers... At least not in our lifetime.

Again, jmho...

My deepest sympathies to our vet's widow.

C.B.