diabetes Help For A Deceased Shipmate's Spouse

[greatescape]

My spouse had 2 appeals pending, since 2007. He died waiting 2 months ago. The decision arrived 2 days ago. Diabetes (under Nehmer) and hearing loss (he had profound loss) granted and granted..He was already 30% for IHD. Since he was retired Navy, his 30% was offset by his retirement. (Both disability and retirement stopped at death) He did have paid up SBP.

Since he is now deceased, will there be any effect to his surviving spouse since he filed in 2007? Or did they wait until he died to decide, knowing there is no retro or back pay?

I'm posting this for a friend, my division officer's spouse. Jim passed away last fall & she has been goin through hell with VA, etc.

Can anyone assist her in answering her questions? It's above my pay grade & pea brain capicity. She is frequent reader in here.

Thanks: greatescape

[Berta]

“Since he is now deceased, will there be any effect to his surviving spouse since he filed in 2007? Or did they wait until he died to decide, knowing there is no retro or back pay? “

Did the letter make any statement as to any accrued benefits regarding the DMII? If so was that amount absorbed by his Naval retirement benefits like the IHD comp was?

http://www.retirees.af.mil/factsheets/factsheet.asp?id=11696

This site should help her determine the relationship and offset factor of potential SBP and DIC,if she is eligible for DIC.

Even with the SBP offset to DIC awards she should apply for DIC if any service connected condition he had caused or contributed substantially to his death (determined by the wording of the death certificate and any autopsy findings, if autopsy was done.)

The link above also has additional criteria for DIC.

Gold Star Wives Inc. (I am a member) has aggressively fought the SBP offset for years.They (GSWs) are relentless in pursuing this matter and there is always the possibility that this offset idea will be altered to be more favorable to these survivors eligible for SBP as well as DIC at some point in time. SO best to file a DIC application if the cause of death or any other conditions as listed in the above link would warrant that.

This link as a little more information on SBP:

http://www.military.com/benefits/content/survivor-benefits/the-survivor-benefit-plan-explained.html

I assume the award did not alter any CRSC or CRDP status he had in his lifetime???

That should be checked out however-

There is CRDP and CRSC info here under a search as well as a DIC forum.