About 20 years ago Stars and Stripes ran an article I wrote on DIC. Since then DIC has changed considerably and thinking back, the other articles I wrote for S& S always were limited to the confines of the publication and the regs at time of those articles have changed as well in many cases. The internet itself confines us by space and luckily this forum holds everything I can think of ,as to current and concise DIC information.
DIC ,like many veterans claims issues has certainly become more complex in many ways since the days I did work for S & S..
Certainly the valid spouse today, of an OIF OEF vet,who died during the war or from injuries sustained in the Iraq/Afganistan theatre will have no problems attaining DIC.
Also any spouse of a deceased veteran who had a TDIU P & T or 100% P & T SC rating in their lifetime for at least ten continuous years prior to their death will have no problem attaining DIC.
But many other DIC claims can be problematic and difficult.
And not all veteran's deaths could possibly warrant DIC under the DIC criteria.
There are many types of DIC awards.
The statements the claimant makes on the 21-534 DIC application can be critical as to what type of DIC is being claimed.
I claimed DIC on 3 valid premises on my 21-534 form. I won DIC on 2 of the three basis.
This is a factor that can never be overlooked when applying for DIC.
More than one basis for a SC death is always a good idea. If possible.
--------------------------------------
I have a strong suggestion to make at this point for any survivor who comes here with a potential for DIC or accrued benefits, or both types of awards.
Get a Service veteran's representative ASAP!
If your spouse had a claim pending at death or if they had been service connected by VA already , the best place to start is with the vet rep whose org held the spouse's POA.
For an accrued benefit claim it would be invaluable to be able to deal with the same rep who was handling the deceased veteran's pending claim. Also vet reps keep POA files that could contain info the spouse needs for the DIC claim and also a vet rep is a good back up for sending in evidence to the VA, if the rep themselves either sends it to VA for the survivor or keeps a copy of it and the proof of mailing, in their POA file, in case the VA ever questions that they never got the info.
It helps to get a one to one appointment if possible and ask the rep what documents you might need to bring with you.
The rep will not only have the lengthy 21-534 forms in their office but also the Substitution as Claimant form that they can best determine if you will need to fill out.
In cases where a survivor might meet the criteria or a wartime death pension, the DIC form will cover that if the DIC is denied. The wartime death pension amount however is limited by income but favorably altered by medical bills in some cases. Still - DIC is far better then this type of award.
Once the DIC claim is prepared, signed and filed with the VA, in most cases the VA will send the claimant a VCAA letter telling them what else they need to send to the VA.In most cases this VCAA letter can be very detailed as to what medical evidence they still need and a vet rep can advise how to obtain this evidence.
Some DIC claims will definitely require a strong Independent Medical Opinion to succeed.
This is something a survivor needs to consider carefully as IMOs can be expensive but these days they are often the only way to succeed in almost any type of VA claim.A private doctor the veteran might have dealt with might be able to prepare an IMO for free or a very small fee.It must meet the IMO criteria here at hadit, otherwise the VA will reject it.
I live in the country-more cows then people -but have access to at least 6 vet reps within 25 miles,not including the part time VSO at the Bath NY VAMC .
It is easier to find a vet rep then sometimes vets and widows know.
Every state has via their state web pages, links to either their state veteran's commissions, or divisions, or to their county veteran's service agencies, all geared to helping vets and their dependents with their VA claims.
They also have listings or it can be googled easily as to the Vet orgs in their states, such as DAV, AL, VFW, MOPH,VVA, Amvets, etc etc, who can be reached by phone or email to have an appointment set up for representation.
The VA web site itself has traditionally always had a vast listing of nationwide vet orgs and reps.They took it down for some reason for a while and it could have moved to the OGC page but it is there somewhere.
My daughter,when she had to go to the VAMC in Buffalo for her intel tests for the mil and the physical etc, found within minutes a DAV office right in the VAMC and asked if she could get a VARO tour. She had already taken outside photos of the RO that I wanted to put photo of on my PC desk when I was working on my claim.The photos helped my focus.
The DAV rep said he could give her a peek into the Buffalo VARO and she said that was quite an overwhelming view (she bust out laughing because it was really wall to wall, desk to desk, thousands of claims folders and even stacks on the floor)but my point is she said she also noticed office signs either in the VARO or the VAMC for AL, MOPH , AmVets etc etc.,all providing VA claims help to vets and their dependents.
It often might be a good idea to even visit a vet org office in person to make that first appointment if you can.
There is considerable info in this DIC forum as to these types of claims.
But not only can DIC become a very complex issue ,vastly different from every other type of veteran's claim here on the hadit boards, the VA itself ,since the decades I did that DIC article for S & S has become more confounded ,confusing, and complex than I ever dreamed it would and in those days a 20,000 claim backlog was the biggest gripe of vets then but now it is up to a possible million claims in the system and that grows by the day.
So I strongly advise any newly widowed spouse who comes here for help to realize the internet has become a fantastic tool for VA claimants but DIC claims are specialized issues and it is always best to come here with questions but get a vet rep first, who can get the claim off and running with a proper 21-534 form filled out, the issues defined well in the form, and who can advise best as to whether you have a basis for substitution for any potential accrued benefits.
I have been widowed of 2 vets. I KNOW the grief is horrible and that your entire life has changed.
I also know that both the DIC form and the accrued benefits claim has a deadline-these forms MUST be filed within one year after the veteran has died.
There are no exceptions except for Nehmer claimants.
Hours are spent in sadness and solitude and the days seem so long when the spouse has suddenly left forever. I know exactly how it feels.
I made my husband his morning coffee every day for many months after he died until it hit me, he was not here anymore and wasnt coming back.
On the other hand, that one year deadline for the best EED for DIC and the accrued claim passes by faster than one thinks.
Once the forms are filed and the paperwork (marriage license, death certificates, birth certs if any children, etc etc is done,then you can take the time to continue to get through the grieving process, which never ends anyhow, but you can accept the death somehow ,at some point, and hopefully if you are eligible for DIC ,the VA will provide to you the only way they can honor your husband's death,
with an award of DIC.
There is much honor in a Direct Service Connected death of a spouse.
tI think the honor of their sacrifice is the only thing that keeps many of us surviving spouses going . It is our greatest fear when we, like me, also have children who joined the military
-but if our children die in service or directly due to their service, (and I discussed this with many parents of Military as well as a good friend whose daughter was killed by an IED last year in Iraq,)
somehow
that
death with honor becomes in time , far more acceptable at some point ,than many types of tragic and even senseless deaths we all hear of nationwide, every day.
VA does not have the time to read about or consider our grief when dealing with a DIC claim. A DIC claim has nothing to do with our grief.
A good vet rep can keep the focus on the evidence needed to support the DIC claim.
In some cases the VA might be able to provide a spouse with grief counseling.They did that for me via my husand's VA shrink.
It pays to ask them to see if their VAMC could handle that type of help.
Question
Berta
About 20 years ago Stars and Stripes ran an article I wrote on DIC. Since then DIC has changed considerably and thinking back, the other articles I wrote for S& S always were limited to the confines of the publication and the regs at time of those articles have changed as well in many cases. The internet itself confines us by space and luckily this forum holds everything I can think of ,as to current and concise DIC information.
DIC ,like many veterans claims issues has certainly become more complex in many ways since the days I did work for S & S..
Certainly the valid spouse today, of an OIF OEF vet,who died during the war or from injuries sustained in the Iraq/Afganistan theatre will have no problems attaining DIC.
Also any spouse of a deceased veteran who had a TDIU P & T or 100% P & T SC rating in their lifetime for at least ten continuous years prior to their death will have no problem attaining DIC.
But many other DIC claims can be problematic and difficult.
And not all veteran's deaths could possibly warrant DIC under the DIC criteria.
There are many types of DIC awards.
The statements the claimant makes on the 21-534 DIC application can be critical as to what type of DIC is being claimed.
I claimed DIC on 3 valid premises on my 21-534 form. I won DIC on 2 of the three basis.
This is a factor that can never be overlooked when applying for DIC.
More than one basis for a SC death is always a good idea. If possible.
--------------------------------------
I have a strong suggestion to make at this point for any survivor who comes here with a potential for DIC or accrued benefits, or both types of awards.
Get a Service veteran's representative ASAP!
If your spouse had a claim pending at death or if they had been service connected by VA already , the best place to start is with the vet rep whose org held the spouse's POA.
For an accrued benefit claim it would be invaluable to be able to deal with the same rep who was handling the deceased veteran's pending claim. Also vet reps keep POA files that could contain info the spouse needs for the DIC claim and also a vet rep is a good back up for sending in evidence to the VA, if the rep themselves either sends it to VA for the survivor or keeps a copy of it and the proof of mailing, in their POA file, in case the VA ever questions that they never got the info.
It helps to get a one to one appointment if possible and ask the rep what documents you might need to bring with you.
The rep will not only have the lengthy 21-534 forms in their office but also the Substitution as Claimant form that they can best determine if you will need to fill out.
In cases where a survivor might meet the criteria or a wartime death pension, the DIC form will cover that if the DIC is denied. The wartime death pension amount however is limited by income but favorably altered by medical bills in some cases. Still - DIC is far better then this type of award.
Once the DIC claim is prepared, signed and filed with the VA, in most cases the VA will send the claimant a VCAA letter telling them what else they need to send to the VA.In most cases this VCAA letter can be very detailed as to what medical evidence they still need and a vet rep can advise how to obtain this evidence.
Some DIC claims will definitely require a strong Independent Medical Opinion to succeed.
This is something a survivor needs to consider carefully as IMOs can be expensive but these days they are often the only way to succeed in almost any type of VA claim.A private doctor the veteran might have dealt with might be able to prepare an IMO for free or a very small fee.It must meet the IMO criteria here at hadit, otherwise the VA will reject it.
I live in the country-more cows then people -but have access to at least 6 vet reps within 25 miles,not including the part time VSO at the Bath NY VAMC .
It is easier to find a vet rep then sometimes vets and widows know.
Every state has via their state web pages, links to either their state veteran's commissions, or divisions, or to their county veteran's service agencies, all geared to helping vets and their dependents with their VA claims.
They also have listings or it can be googled easily as to the Vet orgs in their states, such as DAV, AL, VFW, MOPH,VVA, Amvets, etc etc, who can be reached by phone or email to have an appointment set up for representation.
The VA web site itself has traditionally always had a vast listing of nationwide vet orgs and reps.They took it down for some reason for a while and it could have moved to the OGC page but it is there somewhere.
My daughter,when she had to go to the VAMC in Buffalo for her intel tests for the mil and the physical etc, found within minutes a DAV office right in the VAMC and asked if she could get a VARO tour. She had already taken outside photos of the RO that I wanted to put photo of on my PC desk when I was working on my claim.The photos helped my focus.
The DAV rep said he could give her a peek into the Buffalo VARO and she said that was quite an overwhelming view (she bust out laughing because it was really wall to wall, desk to desk, thousands of claims folders and even stacks on the floor)but my point is she said she also noticed office signs either in the VARO or the VAMC for AL, MOPH , AmVets etc etc.,all providing VA claims help to vets and their dependents.
It often might be a good idea to even visit a vet org office in person to make that first appointment if you can.
There is considerable info in this DIC forum as to these types of claims.
But not only can DIC become a very complex issue ,vastly different from every other type of veteran's claim here on the hadit boards, the VA itself ,since the decades I did that DIC article for S & S has become more confounded ,confusing, and complex than I ever dreamed it would and in those days a 20,000 claim backlog was the biggest gripe of vets then but now it is up to a possible million claims in the system and that grows by the day.
So I strongly advise any newly widowed spouse who comes here for help to realize the internet has become a fantastic tool for VA claimants but DIC claims are specialized issues and it is always best to come here with questions but get a vet rep first, who can get the claim off and running with a proper 21-534 form filled out, the issues defined well in the form, and who can advise best as to whether you have a basis for substitution for any potential accrued benefits.
I have been widowed of 2 vets. I KNOW the grief is horrible and that your entire life has changed.
I also know that both the DIC form and the accrued benefits claim has a deadline-these forms MUST be filed within one year after the veteran has died.
There are no exceptions except for Nehmer claimants.
Hours are spent in sadness and solitude and the days seem so long when the spouse has suddenly left forever. I know exactly how it feels.
I made my husband his morning coffee every day for many months after he died until it hit me, he was not here anymore and wasnt coming back.
On the other hand, that one year deadline for the best EED for DIC and the accrued claim passes by faster than one thinks.
Once the forms are filed and the paperwork (marriage license, death certificates, birth certs if any children, etc etc is done,then you can take the time to continue to get through the grieving process, which never ends anyhow, but you can accept the death somehow ,at some point, and hopefully if you are eligible for DIC ,the VA will provide to you the only way they can honor your husband's death,
with an award of DIC.
There is much honor in a Direct Service Connected death of a spouse.
tI think the honor of their sacrifice is the only thing that keeps many of us surviving spouses going . It is our greatest fear when we, like me, also have children who joined the military
-but if our children die in service or directly due to their service, (and I discussed this with many parents of Military as well as a good friend whose daughter was killed by an IED last year in Iraq,)
somehow
that
death with honor becomes in time , far more acceptable at some point ,than many types of tragic and even senseless deaths we all hear of nationwide, every day.
VA does not have the time to read about or consider our grief when dealing with a DIC claim. A DIC claim has nothing to do with our grief.
A good vet rep can keep the focus on the evidence needed to support the DIC claim.
In some cases the VA might be able to provide a spouse with grief counseling.They did that for me via my husand's VA shrink.
It pays to ask them to see if their VAMC could handle that type of help.
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