Denied Dic

[kimmig]

I received in the mail a letter from the pension management center that i was denied DIC because they had not received all pertienant information. On 23 jan 2012, they sent me a request for additional information, i sent by certified mail all documents needed such as autopsy report,copies of service connected drugs given (that assisted in my husbands death) and an updated death certificate that shows "mixed drug intoxication complicating recent lumbar surgery"......

on 19 april 2012 i called the regional office in little rock to follow up to see if i needed to do anything else, the regional office couldnt tell me anything because the power of attorney hadnt been squared away.......anyways, its funny that the decision is dated the same day that i talked to the little rock arkansas regional office.

I guess i should obtain an attorney i have a copy of the certified mail receipt. i knew this would happen..... this is disgusting.

[Berta]

“i havent filed an 1151 yet. our county veteran office didnt have a clue about how to handle it. remember he forgot about me, i called and a week later he had forgotten.”

Yes I remember and I referred you to a Section 1151 template here and gave you as much advice as I could regarding FTCA and 1151 and I bumped up the 1151 claim template for you to file that claim yourself.

The VA, I can assure you, will do NOTHING as to the 1151 issue (unless you also have a good chance for a direct service connected death) until they get the formal 1151 claim.

You can ask them to call a clear and unmistakable error on themselves as to the denial that was based on their erroneous statement that they did not have the information they requested.Send them a copy of your USPS receipt and also enclosed the information again.

They did this to me. 2005 and I got them to CUE themselves.

Also this past December they did it too to me and I got that reversed in 3 weeks by telling them to CUE their erroneous Dec 2011 decision.

Maybe the letter you posted here will be enough for them to correct their error. I dont know.

You haven't filed a formal 1151 claim so I have no idea what they will do next. If anything.

I cannot tell if there is a basis for a direct service connected death in lieu of a 1151 claim.

If not, when they get the info they will eny again, unless you formally make a claim under 38 USC Section 1151.

Your state has a long list of veteran's reps, service orgs, and county and state departments to help vets and widows with claims.

That information can also be googled and after reading over the replies I gave you under the other postings, I again suggest that you revoke the POA if you dont want to continue with the DAV, or complain to them that you need more help than they gave you-as they might well be very familiar with your husband's past claims, and if revoked you can get another vet org to represent you or better yet contact Bergmann and Moore to see if they can represent you on the denial.Or maybe any FTCA potential.

The VA has already provided to you their basic duty to assist.

Perhaps they will re-adjudicate the claim as soon as they hear from you ,that the evidence they requested has already been sent in.

But again, as far as I know, and based on the VA's denial, the VA will do Nthing regarding any potential malpractie issue without having the formal Section 1151 claim which will only take minutes to prepare,copy, sign and then mail to them.

[kimmig]

well, to me it is obvious what is going on. I had called the regional office several times before this all occured and the same response was " va in wisconsin hasnt loaded the poa....i will check on it" and that is it i wouldnt hear anything else back. I like many other veterans and their spouses had relied on the DAV, thinking that they of all organizations would do the right thing, do their job,help guide the Veteran or the Widow of the Veteran in claim purposes. I was wrong...wrong....wrong...i am so dissapointed...

But....i am not MAD, what i am is DETERMINED. i will NEVER NEVER NEVER let this die, i will read every regulation out there, seek advice on here from people like Berta whom have nothing but the best intentions at heart and that is to ASSIST AND SERVE VETERANS, seel legal assistance and above all will not take NO for an answer. I also will make what is happening known to everyone and if that includes newspaper,tv, congressional compliants so be it...

My husband was steadily given narcotics beginning in 2009, to include hydrocodoine, oxy,tramdaol, sleeping pills,antidepressants,valium and the VA knew about it When questioning the Doctor, he advised yes its ok to take all of these....My God...They prescribed it over and over again and then at the last after back surgery sent him home the day after and filled his prescriptions at the VA Pharmacy without so much as a consultation....

My husband said to me one time, you know i think the VA would rather have me dead..well, i am beginning to believe how right he was.....What a disgrace to our Veterans...This is nothing but sad. But I am not giving up.....NEVER NEVER NEVER.

[sharon]

The information that was sent to the pension management center should have been sent to the Regional Office (RO) in Little Rock. While it is confusing, DIC is handled at the RO and pension is done at the Management Center. You can reopen you claim by sending the information to the Little Rock Office. At the time of the decision the information available to the RO may not have contained the amended death certificate. Also you mentioned POA. Make sure you have signed a VA Form 21-22 appointing power of attorney to whom ever is assisting you with your claim. The VA can not accept information form a third party that is not your POA of record.