Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

No Svc Connection


jvretiredvet

Question

My husband passed away 10 months ago and never received any disability benefits. He was in the Gulf War, his death certificate says intra cranial hemorrhage, respiratory failure, and thrombocytopenia. Its also says lymphoma contributed to his death. Do you think I am eligible for DIC benefits?

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

7 answers to this question

Recommended Posts

  • HadIt.com Elder

The best answer I can give is possibly. You will need to obtain a copy of all the service records. (dd214, medical records, deployment records, etc.) If your deceased husband was treated for things such as concussion, TBI, etc., or the records show exposure to IUD's etc., there is a good chance. Just remember there is a time limit to file. and 10 months has already passed. If I remember correctly, you have just short of two months left to file.

You can file without supporting documents if that's what's needed to make the deadline.

It's likely to be a bit of a fight.

Edited by Chuck75 (see edit history)
Link to comment
Share on other sites

I'm sorry for your loss.

The following should give my posse something to talk about .. I'm certain that if I'm incorrect in any fashion, my posse will pick at it.

However long, the following is only a superficial overview of the process of getting survivors benefits. It includes some jargon, VA concepts, medical concepts, etc., in other words, a pretty steep learning curve. In trying to write something more-or-less comprehensive, I may have used not specifically accurate verbiage, not covered all possibilities ... but I hope it's a start.

The only immediate benefits, without a great deal of effort on your part, you might qualify for is Death Pension. Death Pension is payable to a surviving spouse if the veteran dies from a non-service connected reason. However (and there always is a however), the amount of any Death Pension is limited severely by your assets and your other income(s), whether taxable or non-taxable. Unless you are totally unemployed, do not receive SS, do not receive any retirement benefits, do not have a great deal of assets, you would not receive any additional funds. Here is the VA website that briefly describes Survivor Benefits http://www.va.gov/op...fits_chap12.asp .

Another possibility is Dependents Indemnity Compensation (DIC). DIC is payable if the evidence shows that the veteran died from a service connected condition or died from A disease or injury incurred or aggravated in the line of duty while on active duty or active duty for training. However, I see this as a long-shot and will require a great deal of work and effort on your part. The fact that your husband was not receiving any VA disabilities is not a bar to you receiving any benefits, but it certainly does complicate the matter somewhat.

I hope this is not too inappropriate but I'm going to guess that your late husband's lymphoma led to the thrombocytopaenia; the thrombocytopaenia contributed to or exacerbated the intracranial hemorrhage; and, the <presumed> increased intracranial pressure led or contributed to respiratory failure. It's remote, and will require a great deal of work and research on your part, but you might want to pursue DIC on the basis of the lymphoma. Oh yeah, you'll also need a lot of time and patience.

The two main methods of service connection (or qualifying for Survivors Benefits) are presumptive and direct basis.

"Presumptive" means that a burden of proof is essentially lower, in that if a veteran was exposed to certain things and later developed certain diseases, the link between service and the disease is "presumed" and service connection may be granted. However (again with the however), in 2008 and 2010 the Institute of Medicine (IOM) addressed the Gulf War (SW Asia) ; here is the 2008 report http://www.nap.edu/o...=12183&page=193 , and the 2010 report essentially is the same. For lymphoma, the IOM addressed only exposure to depleted uranium but found no connection. So, I see presumptive as not a real player at this moment. While some conditions currently are considered GW presumptive, lymphoma isn't one of them ... but, that doesn't mean it never will become presumptive. .

The other method is what is called "Direct", i.e., something during your husband's service was the direct cause of the lymphoma, however perhaps delayed by years. This will require detailed knowledge and provable evidence of your late husband's provable exposures to chemicals or other environmental factors.

Then, you'll need a physician (preferably someone well-versed in environmental medicine or perhaps an oncologist who deals with lymphomas) to write a well-supported medical opinion that states that this <chemical/environmental factor> exposure was a direct however delayed cause of the lymphoma. You will also need a medical opinion that the lymphoma->thrombocytopaenia->intracranial hemorrhage->increased intracranial pressure->respiratory failure linkage was causative to your husband's passing.

If you can get this information and do file a claim for DIC, it's very likely that the local VA Regional Office will deny the claim. You then can appeal to the Board of Veterans Appeals (BVA) . The BVA has granted service connection for lymphoma on a direct basis, even for GW vets, long after service ... you might want to do some research on the BVA site http://www.index.va....rch/va/bva.html . It's tedious.

As for my esteemed colleague who just opined that there is a time limit to file, that is incorrect ... there is no time limit to file. However, if you file a claim within one year of your husband's passing, the effective date (if the claim is granted) will be the date of his date. If you wait to beyond one year, the effective date would be the date the VA received your claim.

Good luck.

My husband passed away 10 months ago and never received any disability benefits. He was in the Gulf War, his death certificate says intra cranial hemorrhage, respiratory failure, and thrombocytopenia. Its also says lymphoma contributed to his death. Do you think I am eligible for DIC benefits?

Link to comment
Share on other sites

Yes, thank you for the correction.

Now, I must go chastise my pruf reedar severely.

I believe jvretiredvet meant in his statement: "However, if you file a claim within one year of your husband's passing, the effective date (if the claim is granted) will be the date of his date." (should read date of his death). jmo

pr

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

{terms] and Guidelines