Could This Qualify As A Dic Claim?

[Spanky]

The veteran's advocate who has been working with my husband on his VA disability claim suggested that there would be nothing to lose for me to file a claim for my mother. I had made a comment that I was so sorry that my father had never tried to get an increase in his VA comp. My father is deceased but up to the time of his death in 2000, he had received 10% VA comp for a service connected knee injury from World War II. Over the years his knee became worse and he finally went to an orthopaedic surgeon to have his knee fixed. The surgeon would not operate until my father had his heart checked. Upon going to a cardiologist and having a heart cath, Dad found out he had blockage and the next day had open heart surgery. He died following the open heart surgery. Would this qualify as a DIC claim since Dad died in the process of trying to get his knee replaced. I don't want to waste time filing a claim for something that would be hopeless.

Edited July 27, 2006 by Spanky

[Pete53]

You should look into filing a claim, You never know

[Berta]

Spanky- if your mother has extremely limited income- she would probably be eligible for a VA wartime widow's pension.

She would need to fill out the entire 21-534 form-I will attach it and the income statement part needs to be complete.

Only spouses who file this form within one year after death of a vet are eligible for any potential accrued benefits.

For DIC- the better widow's benefit- not income limited-she would have to prove that his service connected condition contributed to his death.This would take a strong medical opinion and although nothing is impossible-it will be difficult.

If this surgery was done at the VA however-and he had been a continuous VA patient- and it appears to me they did not discover his heart condition until it developed into a full blown critical phase-

If this is the case-

I suggest -if you feel his cardiac care was not timely enough to avert his death-you get all of his VA medical records, get an independent medical opinion to see if malpractice occurred, then you could file a Section 1151 claim and an FTCA claim based on the date that the IMO examiner renders an opinion of wrongful death.Or maybe that would be the day the widow first believes that the veteran might have been malpracticed on. But it must be a day falling within 2 years of filing any FTCA charges.

(Statute of Limits)

If he was autopsied this report is certainly-along with the medical records, very important for the IMO doctor to have.

That would be the same scenario if he had private continuous medical care with a private doctor and the cardiac problem was not discivered in time.

If you are printing this form off-I think it is about 20 pages so load up your printer-

21_534.pdf

[Spanky]

Berta & Pete

Thanks for taking the time to reply. I've read a lot on this board the last few months and it has helped in getting together my husband's claim. I know you are very knowledgeable and appreciate your help. Thanks.