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Dic Question


georgiapapa

Question

Assume a boots on the ground Vietnam veteran had agent orange presumptive IHD but did not file a IHD disability claim prior to his death from a heart attack. Also, assume the veteran had another service connected disability rated at 100% P&T less than 10 years prior to his death.

Is there anyway his surviving spouse could qualify for DIC as a result of his death due to his IHD?

Your input is appreciated.

Georgiapapa...

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Remember IHD is a presumptive of AO. Even if not service connected at time of death your spouse can file and should be fairly easy I'd rvn is conceded and confirmed diagnosis. Then it is just a matter if the RO getting off their duff and completing her claim

This may sound morbid, but full out the 534/530 now for her and put it in a safe place. That way, all she has to do us submit it. Jmho

http://www.benefits.va.gov/COMPENSATION/types-dependency_and_indemnity.asp

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Thank all of you for your input. You have given me a lot of food for thought.

Georgiapapa...

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Thank all of you for your input. You have given me a lot of food for thought.

Georgiapapa...

yes a claim for DIC can be submitted. The cause of death on the veterans death certificate has to be a presumptive disability. Then all you would need to file is a copy of his DD FM 214, death certificate, marriage certificate, VA FM 21-534ez.

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I am already service connected 100% P & T for an agent orange presumptive disease and I was in the process of filing a claim for IHD. However, I feel the risk of filing another claim is not worth it if this may cause the VA to take another look at my current 100% disability rating. Since my wife would have a legitimate claim for DIC in the event I die from IHD regardless of whether I had already been service connected for IHD prior to my death, it just doesn't make sense to me to file for IHD now.

Your comments in response to my post seem to support my position on not filing for IHD.

Thanks again,

Georgiapapa...

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