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

[Philip Rogers]

Berta, I'm fairly sure that a veteran's spouse would be eligible for DIC if he was killed enroute to or from a VAMC medical appointment, especially if he was eligible for travel pay. I recall reading about this. He would have had to have been traveling directly to/from the appointment.

pr

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.

[Philip Rogers]

I'm fairly positive she should have been eligible for DIC. I would pursue a CUE, on the denial 13 yrs ago. Nice chunk of change, plus retro for any medical costs that would have been covered by ChampVA.

pr

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

[cooter]

Berta, I'm fairly sure that a veteran's spouse would be eligible for DIC if he was killed enroute to or from a VAMC medical appointment, especially if he was eligible for travel pay. I recall reading about this. He would have had to have been traveling directly to/from the appointment.

pr

I'm glad you brought that up PR. Just a week or so ago I was reading about exactly what you said, except it was talking about VA paying for the funeral expenses. I bet I looked for a good hour today trying to find it again, but no luck.

[navydoc2]

Thanks for the reply PR. What basis are you suggesting a CUE, may I ask? Thanks again.

/doc

[Philip Rogers]

I would file a CUE on their denial in awarding her DIC and awarding her widows pension, instead. She should probably also be eligible for Chap 35 for herself as the widow. She shoulda been eligible for SS for the widow and child also. You should do some research to confirm I'm correct, first, tho.

pr

Thanks for the reply PR. What basis are you suggesting a CUE, may I ask? Thanks again.

/doc

[Berta]

She might be eligible for a NSC burial payment per the regulations in this BVA case:

http://www.va.gov/vetapp05/Files2/0508968.txt