Help! Veteran Friend Of Family Passed, His Spouse Needs Help!

[Troy Spurlock]

A VERY close family friend passed away suddenly a couple weeks ago, and he was married three time, the third wife he was married to 31 years.

Apparently he didn't change his insurance beneficiary information so his first wife and son got the insurance, but the VA sent a letter to his current wife/widow stating they are denying her anything even though he was 100% P&T S/C.

I am digging into the CFRs and USSCs, but any insight into this would help speed the process, as I leave in 5 days for home to attend his funeral and pay my respects, and attempt in any way I can to help her get something from the VA has his current spouse of 31 years with dependents with her.

thanks!

Troy

[#1Cavtrooper]

So very sorry to hear of your friend's passing. I am sure someone here with knowledge on this situation will chime in soon!

[carlie]

A VERY close family friend passed away suddenly a couple weeks ago, and he was married three time, the third wife he was married to 31 years.

Apparently he didn't change his insurance beneficiary information so his first wife and son got the insurance, but the VA sent a letter to his current wife/widow stating they are denying her anything even though he was 100% P&T S/C.

I am digging into the CFRs and USSCs, but any insight into this would help speed the process, as I leave in 5 days for home to attend his funeral and pay my respects, and attempt in any way I can to help her get something from the VA has his current spouse of 31 years with dependents with her.

thanks!

Troy

Troy

Was he getting dependent allowance for her ?

[Notorious Kelly]

My condolences, Troy.

I wish you well in getting assistance for his family.

[Philip Rogers]

Troy - if they were married, she should get copies of his death certificate, marriage license and her birth certificate, now, just in case they are needed. It's hard for us to help w/o knowing why they denied the claim, for DIC.

pr

[Berta]

Barry Haydt (VA Philadelphia) handles veteran's life insurance issues. I assume you mean he had a SDVLI policy?

Then again I dont think ,over thirty years ago VA had this program but I sure could be wrong.

If this was a private life insurance policy , then I don't think his widow has any legal recourse to the proceeds.

SVR radio has done shows here with him, available via your media player …..just go to

http://www.hadit.com/svr.html and click on his archived shows. He might have given out his direct phone contact number as well.

She might be eligible for DIC benefits. If not the VA will consider her for a wartime death pension.

The full gamit of DIC info is here in our DIC forum.

Basically most DIC claims fall into either Direct service death claims (including presumptives) or under the 38 USC 1318 ten year rule.

This March 13, 2013 DIC VA Fast letter shows how the VA is handling DIC claims now:

.http://www.scribd.com/doc/132403480/FL13-004-DIC

The letter on the link contains the exact criteria for DIC. It is expanded on in our DIC forum.

If he was TDIU (100%) P & T for ten continuous years prior to his death, the claim might well go faster than a claim for SC causes found contributing substantially to death.

Was his cause of death, per the death certificate, due to any one of the Presumptive AO disabilties? (I posted that link below)

The widow might be eligible for Social Security widows benefits due to his death...if she meets the SSA criteria which is in this link:

http://www.socialsecurity.gov/survivorplan/onyourown2.htm

Here is the criteria for widow's VA death pension:

http://benefits.va.gov/PENSIONANDFIDUCIARY/pension/spousepen.asp

Of course DIC is the far better benefit.

She will need to fill out the 21-534 EZ form here:

http://www.vba.va.gov/pubs/forms/VBA-21-534EZ-ARE.pdf

If he had a claim pending with the VA when he died,(possibly a SMC claim since he was already 100%) she can substitute herself for the claimant and the Substitution as Claimant form is here under a search and at the VA web site under Forms.

Although the Fast letter intends to speed up DIC claims, if he was not TDIU or 100% or ten continuous years, the claim will take longer then that type of 10year DIC award.

The death certificate (and autopsy if done) must reveal that a service connected disability was either the immediate cause of death or there was a service connected disability listed on the death certificate nder the Primary cause, as contributing substantially to death.

Also was he a Vietnam in country veteran?

Here is a link to the AO presumptives:

http://www.publichealth.va.gov/exposures/agentorange/diseases.asp

If an AO presumptive disability caused or contributed to his death, then the VA will award her DIC.

Although the VA is attempting to handle DIC claims faster these days, if she needs to prove service connected death and it does not involve AO exposure and a presumptive AO disability,( instead of a 10 year rule DIC claim)

this claim will most likely take time.

[Berta]

PR is right..........we were replying to you at almost the same time......

Do you know the exact cause of his death?

I thought you meant she was denied for VA life insurance policy proceeds, if she had a DIC denial this fast,??? can you tell us exactly what it said?

Edited June 9, 2013 by Berta