Question On Dic For Berta And Other Dic Experts

[georgiapapa]

Situation: U.S. Army boots on the ground Vietnam veteran recently died from a sudden heart attack. At the time of his death, the veteran had several service connected disabilities with a total 100% P&T rating.

However, his 100% rating had been in effect less than 10 years. The veteran had never filed a claim for IHD prior to his death. The veteran's wife went to the local county VSO and requested assistance in filing a claim for DIC. The VSO advised the wife that she was not eligible for DIC because her husband died from a non-service connected disease. The wife questioned the VSO as to why she would not be eligible since her husband died from a Agent Orange presumptive disease. The VSO stated she would not qualify unless her husband had filed a claim for IHD prior to his death.

Question: Is the VSO correct?

I may be wrong but I believe she would qualify for DIC. On the VA website regarding DIC, it appears she would qualify based on the following statement: "The veteran died from an injury or disease deemed to be related to military service." The VA has deemed that IHD is caused by Agent Orange exposure in Vietnam. The veteran has proof in his VA claim file that he was a boots on the ground Vietnam veteran and the VA has acknowledged that all boots on the ground Vietnam veterans were exposed to Agent Orange herbicide during their service in Vietnam.

The spouse of this veteran is a family acquaintance and her only income is her social security check. I hope she is entitled to DIC because it would make really help her at this time.

Please give your thoughts as to whether or not you believe she is entitled to DIC.

Thanks...Georgiapapa

[georgiapapa]

Berta,

Thank you.

[Berta]

"The veteran had never filed a claim for IHD prior to his death. The veteran's wife went to the local county VSO and requested assistance in filing a claim for DIC. The VSO advised the wife that she was not eligible for DIC because her husband died from a non-service connected disease. The wife questioned the VSO as to why she would not be eligible since her husband died from a Agent Orange presumptive disease. The VSO stated she would not qualify unless her husband had filed a claim for IHD prior to his death."

You are right.
"The VSO stated she would not qualify unless her husband had filed a claim for IHD prior to his death."

That doesnt matter at all whether he had ever filed for IHD or not....

If he had any cardiac NSC problem and rating on any past VA rating sheet,as IHD or CAD , that would make her a Footnote One claimant.

If he did NOT have a IHD rating but SHOULD have had one on the past on any VA rating sheet,as a NSC disability , ( that was my situation) ,

that also makes her a Footnote One claimant under Nehmer.

I am assuming that she has medical evidence that he had Ischemic heart disease.and that this was listed as the prime cause of his death on his death certificate.

I wonder how many widows this VSO told that BS too..

We have considerable info here under DIC, Agent Orange and Nehmer

She needs to find a better VSO and file the 21-534 forms.

She needs to get a copy of his C file and med recs too , and find his older rating sheets and decisions as well to see if the IHD ( CAD) was ever coded by VA in the past.

Yes she is entitled to DIC but it could take some time for her to see a check.

My AO IHD death award (accrued) took a year and a half or more.

.

[Philip Rogers]

As usual, Berta's right on the money!!!

pr

[georgiapapa]

Berta,

I printed a copy of your response and I plan to meet with the family (wife and son) later this evening and give them the printed copy of your response. I will let you know when I hear something back from the family.

Thanks again,

Georgiapapa...