Nehmer Case At The Beginning

[wadedenney]

Need alot of Help, just starting

Veteran pasted away in late 2011 of prostate Canser, Diagnosed in 2009

is married and wife is not receiving DIC.

USAF, 2 Tours Vietnam, USAF retired

Should we run the hole game and recover all medical record a fight for disablity with backpay or just send for DIC. Wife is in her late 70 or early 80s

Please advise on where and how to start, and what ya'll think is best for her!

Thanks Wade

[Berta]

Please check out the advise I recently gave here to a bereaved family.

You stated: "USAF retired"

Do you mean he was a lifer? If so does the wife get SBP from the Mil?

SBP:

http://www.military.com/benefits/survivor-benefits/the-survivor-benefit-plan-explained.html

DIC benefits are offset by SBP:

http://www.retirees.af.mil/factsheets/factsheet.asp?id=11696

Did the death certificate state that the prostate cancer directly caused his death?

If not ,did the death certificate state the prostate cancerr was a contributing factor in his death?

Did she ever apply for DIC since he died, and get denied?

If so why did the VA deny the claim?

Please read through this Nehmer link fromTbird:

You are describing an AO claim possible for DIC but I am not sure this is a Nehmer claim.

Did the veteran ,in his lifetime, ever receive a denial for prostate cancer due to AO?

She might be eligible for DIC ,if the cancer was not listed on his death certificate, under the Ten Year rule, explained here:

We have plenty of DIC info here in our DIC forum.

[wadedenney]

Thanks Berta for all the info, you are right it will be an Agent orange DIC claim. Her neise also informed me that the Death Certificat does say prostate Cancer. Do I need to submit just the Death Certificate and DD214 requesting DIC for the Wife due to Death by AO. Or do I need all the med. record and file a after death Claim for Disability and DIC at the same time.

Thanks Wade

[Berta]

I sure don't think she will need much more than the Death Certificate, and his DD 214,and the marriage license ....

I assume he was a VA Patient and had a VA SC rating for the Prostate Cancer?

But it shouldn't matter if he didnt.

Since this is a regular AO claim, I don't foresee any accrued benefits due her , but certainly a strong potential for the DIC.

[wadedenney]

Thanks Berta, The veteran had no contact with the va, as I am told he hated the agency.

So she has decide to just do an AO DIC claim,

thanks for the help

Wade