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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

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      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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Berta

Dic

Question

I asked 2 widows to join and wrote a lengthy topic on a DIC overview the other day which I LOST in HYPERSPACE!

:angry:

However these 2 BVA cases from 2010 reflect the DIC regs very well.

http://www.va.gov/vetapp10/files4/1039644.txt

This case was denied and it shows the rationale for that.

http://www.va.gov/vetapp10/files3/1028988.txt

This case granted an award of DIC.

It was hard to find a DIC award under the 2010 search feature and no DIC case came up under 2011.I almost decided to post a link to my BVA case but found the above award instead.

My BVA award does not reveal all of the extensive evidence the BVA had and I also had a VCAA violation,rendered moot by the evidence, so my case would be confusing and these cases are less involved.

It concerns me that it took me so long to find a DIC award at the BVA.

But DIC rests on a specific set of regulations for either direct SC or 1318 DIC and there can be many nuances to these claims.

As I mentioned here before an autopsy can be critical to some DIC cases as it was to mine.

And the VA rests heavily on the exact wording of the death certificate.

Many DIC cases these days need a strong IMO in order to attain DIC.

I didnt include DIC awards under Section 1151 cases here however this DIC case is simliar to my Sec 1151 claim

as to the offset under a FTCA tort-

http://www.va.gov/vetapp10/files1/1008268.txt

If a widow/widower however can gain a direct SC death award under DIC that trumps a past 1151 award ( I have not found a case like that except for mine but am sure there are a few)

then there is always chance that the survivor's legal probate standing will call for a refund of any FTCA offset.

I had to fight VA for almost a year at many levels after gaining DIC under direct SC death so I quess even the OGC is not familiar with this type of FTCA offset refund.(which is clearl;y spelled out in the FTCA and Sec 1151 regulations)

If any survivor ever presents that type of situation here- I will surely be able to show them how I pressured the OGC into respecting the FTCA regulations under 22.04 ,38 USC if they fit into the legal criteria as to their standing in the probate procedures resulting from the veteran's death.

Service reps need to fully comprehend the way VCAA impinges on DIC claims.

A VCAA violation (such as mine was and it was major) which I could get NO support from my former reps about-

can tie up a valid DIC claim for YEARS.

Only if the survivor knows what a VCAA letter should contain for DIC claims, can the widow/widower then overcome the violation with evidence if the VA refuses to correct this administrative error at the VARO level.

I am, sure these recent cases above clearly go into the VCAA ramifications for DIC claims.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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