Some Dic Advice

[Berta]

DIC can become a very very complex issue.

I believe everything a DIC claimant needs to know on these claims is here at hadit.

But this is some advice I am giving based on the issue of DIC and with having had one to one experiences involving many widows of veterans who claimed DIC over the years.

Surviving spouses need a good vet rep to help with their DIC claims.

If they feel the rep isn't helping them, then they can drop them and find someone else from a different vet org.

The POA must be revoked in a signed letter to both the POA and to the VARO that holds jurisdiction over the claim.

A friend , family member, or internet advocates can only go so far in helping them.They can be a great help but still I advise every widow/widower to get a vet rep.

If the veteran had a claim pending at death, a rep can determine how best to proceed with any accrued benefits that could potentially be paid to the survivor. If they handled the veteran's pending claim, they are already familiar with the circumstances for any potential accrued benefits and have a file on the veteran's issues with VA already.

The 21-534 form must be properly filled out and cannot be done without having a copy of the death certificate.

Other documents will be needed by the VA along with this initial application, to include any funeral expenses as described on the form, the marriage license, and in many cases birth certificates for any children under eighteen.

If the veteran had no previous VA issues, they will also need a copy of his/her DD 214 and any 215 if applicable.

Once a death certificate is finalized, a survivor usually needs quite a few raised seal copies of it for insurance, deed transfers, probate records, banking issues etc etc. The list can be daunting.

If the surviving spouse files the DIC application without these documents, they should be sent to the VARO as soon as the survivor gets them, using the veteran's C file number or the new C file number, if VA has given it to the claimant yet ( it is the veteran's C file number but has an X in front of it.) I dont advise using the XC number until VA formally does on any responses the survivor gets from VA.

It is good to use a 21-4138 form and tell VA what is enclosed as support for the DIC claim. And always get a proof of mailing Anything to the VA.

The overwhelming grief of the death of a spouse plus the sudden Have To s that are involved in funerals etc and the often new serious financial situation a death can bring often make it impossible for any survivor to deal with a DIC claim for weeks and maybe even months after the death.

In most cases the widow/widower needs a to get a copy of the veteran's C file and all VA medical (and sometimes private) records in order to even shape the DIC claim and any claim for accrued benefits.

I didn't formally filed for DIC and accrued until I had VA medical records and the results of an autopsy on my husband.

It took time for the shock of his death to wear off ,even though some of my husband's last words involved his 2 pending claims in the rating board the same day he died. He insisted I continue them if he died due to VA health care. But it was the last thing on my mind, as I dealt with his shocking and sudden death.

As long as a DIC application and claim for accrued is filed within one year after the veteran's death, if the claims succeed the EED will be reserved for both accrued and the DIC.

Also a surviving spouse, for MANY DIC claims, will have to consider the expense of obtaining an Independent Medical Opinion.

Certainly not all veteran's deaths can be attributed to their service and some DIC claims need a very strong medical opinion to succeed.

So while I feel our info here on these types of benefits is excellent and I cant think of anything it does not include, all DIC claims are unique to the veteran's disabilty profile and their actual cause of death on the Death Certificate and Autopsy and with them a good vet rep can shape and word the DIC claim properly and possibly suggest right away if they feel an IMO might be needed at some point.

Edited June 1, 2012 by Berta

[Pete53]

Thank you Berta I hope that Carlie or Tbird makes this a sticky.

I also want to thank you for the help you offer on Hadit it is invaluable.

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But Berta if you are 100% t&p past 10 years do you just need someone to fill out the form along with the death certificate and what else to make certain it is taken care of. My wife of course had a incapacitating stroke and her mental stage would not let her do that. So I have a death folder in case something happens to me.

I have instructed my son to call a va rep who has poa on me and he would help him get thru this.. But he retires in two years and I hope to be around longer than that. But who knows, I am 73. I do want to make certain my wife is taken care of and the dic benefit would play a big part. What do you feel needs to be in a dic folder to make certain this would flow? Thanks for your help.

[Berta]

"What do you feel needs to be in a dic folder to make certain this would flow?"

First of all- the hadit web site address!

Also the DIC 21-534 form can be downloaded from hadit and placed in the file.

I sure hope you last a LONG time!

"But Berta if you are 100% t&p past 10 years do you just need someone to fill out the form along with the death certificate and what else to make certain it is taken care of. "

With the filled out 21-534, the award letter for the 100% P & T established for at least ten continuous years, and with the Death Certificate and Marriage license, this type of DIC claim should not be problematic at all.

Make sure whoever fills this out checks Yes to question # 7.They need to get a proof of mailing for everything they send to the VA to support the DIC claim as well.

This type of DIC is so simple that any vet rep should be able to handle it.

In your case the # 31 question should be checked Yes unless VA already has awarded your spouse for A & A or Housebound.

Under the Remarks area , make the point that this is claim for DIC under 38 USC, 1318 (b)

DIC under 38 U.S.C.A. § 1318

Even when a Veteran's service connected disability did not

directly cause his death, VA will nevertheless pay DIC benefits

to the surviving spouse of a deceased Veteran who was in receipt

of, or entitled to receive compensation, at the time of his death

for a service-connected disability that was rated totally

disabling 1) if the disability was continuously rated totally

disabling for a period of 10 or more years immediately preceding

death; 2) if the disability was rated by the VA as totally

disabling continuously since the Veteran's release from active

duty and for at least 5 years immediately preceding death; or 3)

if the Veteran was a former prisoner of war who died after

September 30, 1999, and the disability was continuously rated

totally disabling for a period of not less than one year

immediately preceding death. 38 U.S.C.A. § 1318(b) (West 2002).

And refer them in the Remarks section to a copy enclosed, of your Award letter for the 100% P & T .

Edited June 2, 2012 by Berta

[red]

Thanks Berta, as usual, you still got it!!

[Berta]

Just to add here------------in many cases DIC becomes a very complex issue. I suggest every survivor attain the services of a vet rep for this type of claim.

Many survivors really never got involved enough in the veteran's lifetime, with the veteran's disability issues, which a vet rep will readily understand, with the veteran's C file number and copies of other important documents such as award letters etc and also any SC issue or pending SC claim at time of death could impact on a potential DIC award and the survivor will want to file for acrrued benefits as well as DIC.

There really isnt enough gigabits or whatevers at forums to allow for attaching all of the significant evidence that is often pertain for a DIC claim.It can become voluminous.

But ,if a formal DIC claim is denied, then the actual Reasons and Basis scanned from the decision and attached here give us a better way to determine how to appeal the denial.

Some widows/widowers definitely will have to seek a lawyer to represent them on appeal,too.

A point about Nehmer---

any survivor who questions a Nehmer EED they recveived for DIC MUST contact NVLSP.

NVLSP,in the training guide they prepared for the VA, controls the EED as within the Nehmer Court order.

The VA doesn't control that EED and NVLSP told me the VA actually did a very good job in getting the majority of EEDs correct.

A DICer can still file a NOD over what they think is the wrong Nehmer EED,under the 2010 Regulations, but I firmly suggest that they contact NVLSP first.

NVLSP won Nehmer and ,if the EED is legally wrong, NVLSP can fix it far better and faster than filing a NOD without their input.