Questions About Dic?

[navydoc2]

I am trying to find out if my suspicions are correct that my sister in law should be receiving DIC. Her husband was killed in a car accident on his way to the VA. This was 13 years ago. They had been married for 13 years at the time of his death. She received SS for her daughter for 8 years until she turned 18. She then started receiving a widows pension, and was told that she could not receive both SS from her husband and widows pension. Her daughter is 23 now, and applied for benefits where she was awarded chap 35 DEA bennies. Doesn't that mean my SIL should have been receiving DIC from his death? This would really help her out greatly since she is struggling to make ends meet on the widows pension. Any help would be appreciated, Thanks.

/doc

[Berta]

The widow's pension from VA is for a non service connected death.It is income limited and only for survivors of wartime veterans.

VA always considers the DIC benefit and if that is not applicable they then consider the widow's pension

I dont see how the accident that caused his death would be considered a service connected death and obviously neither does the VA if they awarded Pension instead of the DIC award.

Chapter 35 entitlement is granted to dependents if the vet dies with 100% P & T SC disability in affect at time of death.

( The P & T status comes with death if not granted in the veteran's lifetime)

There is considerable info here in our DIC forum on this benefit.

The widow will be able to collect SSA retirement benefits at age 60 on his record if she is still un remarried as of her 60th birthday.

Did she appeal the DIC denial?

Was the veteran driving when the accident occurred?

Was he on any VA meds that could have affected his ability to drive?

Was a full autopsy and toxicology report done when he died?

Vet reps told me my SC direct death case would never succeed.

I got DIC under 1151 but wanted a direct SC death award for my husband.

One never knows what a lot of research can reveal.I proved those vet reps wrong.

Recently an airplane accident was attributed to the pilot beng impaired from taking a HBP med that I took for 2 years myself and still am suffering from side affects from it. There are individuals in forums on the net for this med anxious to sue Asterzenaca for putting us in harm's way due to its side affects.

The only possibility I see here for DIC is if he was somehow impaired and was driving when the accident occurred-and impaired directly due to a VA medication.

It would be a difficult claim to prove and would need a strong IMO as well as complete autopsy results.

Of course I don't know if he was driving or not.

This is possible to- my husband's heart disease was malpracticed on by the VA.

If he had a sudden heart attack while driving to the VA and died, then an autopsy would have revealed the untreated heart disease that contributed to his death.

As it was , he died suddenly in our barn from heart disease but I proved he had 6 years of known heart disease that VA chose not to diagnose or treat.

If he was driving is there any possibility that he lost control due to some other undiagnosed condition that VA should have been treating?

Nothing is impossible with the VA and one must consider ever potential scenario for their claims.

Edited August 7, 2011 by Berta

[navydoc2]

Thanks Berta, you rock! I was reading several post here on the subject. Which led me to believe she may be entitled to DIC based on the fact that he was P&T at time of death and it could be considered "as if". That is what I'm looking for clarification on. He was driving; in fact he was on his way to the VA for a dental appt. I don't think that an autopsy was done since the accident was pretty violent and graphic. I would have to check and see what meds he was taking at the time of the accident. I will ask her. I found this in a thread here earlier that led me to believe she may be eligible.

"Survivors are eligible even if the veteran's total rating was not based on a schedular evaluation of the service connected disabilty but on individual unemployability."

NVLSP VBM 2005 Ed Page 542

They give example as say the vet was rated for SC IU for ten years prior to death- she had a total SC psychiatric condition,precluding employement. The death makes that disability permanent as it has lasted the veteran's lifetime. The surviving husband of this veteran could be successful in a DIC claim.

I would think that this surviving spouse should request either direct SC death -(as the veteran's SC COULD have in some way contributed to her death based on medical evidence or an IMO)or DIC under the Sec 1318 award.

I will research Sec 1318.

[navydoc2]

I take several BP meds myself what meds are you referring?

[Berta]

Toprol (metoprolol)

It was the only med I was on and now I am controlling my BP with a homeopathic calming pill,Yoga ,and the DASH diet, and eliminating every form of stress from my life I can think of -with my doctor's support.

I didn't have any major BP issues and no heart disease and am thrilled that I am off DRUGS!

Not everyone has serious side affects from this med but when they do they can be very debilitating.

The DASH Diet (Mayo clinic has good on line info on this diet) is primarily for HBP control but can help with weight and cholestrol too.

I am STARVING! But no more beta blockers for me.

[Berta]

forgot- 1318 has changed over the years as to hypothetical entitlement (As if)

How long was he TDIU P & T?

The VA in denial of the DIC must have made some statement as to whether they considered hypothetical entitlement or not.

She might have fallen under a regulation more favorable than the changed regs.

DO you have a more recent VBM?

I will check the 2010 edition.

[Berta]

I found an older post I made with this BVA decision that explains the 1318 hypothetical entitlement regs as of 2010:

http://www.va.gov/vetapp10/files1/1009251.txt

This is the same info that is in the 2010 VBM.