Spouse's Husband Claim

[Charleese]

A Veteran who I helped to get 100% 3 years ago recently died. Can his spouse take over his claim even though %there are no additional claims. In other words can she get his 100% each month as well as DiC (what spouse get when their husband dies).

Thanks in advance for your replies.

[Philip Rogers]

If he had an open claim, that has yet to be decided, she can request that she takes over the claim for the accrued benefits. She cannot receive his 100%, plus her DIC. His 100% dies w/him. The 100% was his benefit, not hers. The DIC is meant to help replace some of his income. Spouses are lucky to get the DIC, as they probably had nothing to do w/earning it. jmo

pr

[Berta]

I assume she is going to claim SC death and will need to fill out the 21-534 form.

In this link I explained that she can 'substitute' herself for the veteran,regarding the pending claim.(if there is a pending claim)



Unless the claim falls under the 2010 Nehmer regulations, she must file the 21-534 within one year of his death to be eligible for accrued benefits.

Like any other claim, she must continue to support the accrued claim with evidence.

I am at odds with PR's opinion.

Hours before my husband died I can never forget what he asked me to do.(and made me promise).....to continue his pending claims,( higher SC rating for his 30% PTSD and his Section 1151 claim) and sue them if they kill him.

He also mentioned how worried he was that I would not get DIC.

He had just had a very upsetting claim to 800#, finding out his claims had not moved in many months.

But he had just returned from the PTSD inhouse program 3 weeks prior to this and seemed to be doing much better controlling his PTSD.

He walked out to the barn with me, while I fed the livestock and then suddenly he collapsed and died.


"Spouses are lucky to get the DIC, as they probably had nothing to do w/earning it. jmo"

We are granted DIC when we fulfill the DIC laws and regulations, as to giving the VA the evidence they need.

Our veteran spouses earned us that right.

The DIC regulations have no provision or requirement that spouses have to be 'lucky' or that we somehow need to 'earn' the DIC benefit ourselves.

My husband also asked me that morning to continue to help his 'brothers and sisters' ,those veterans having problems with their VA claims, if he died..We were both part of the Prodigy Veterans BBS at that time, and Vet Link and knew many local vets dealing with VA claims.

I have fulfilled m,over the past 20 years,everything he asked of me hours before he died.

Because I filed the accrued claim along with the 21-534 within one year if his death, the VA awarded, 2 years ago , and 20 years after the disability occurred,
an accrued benefit award to me under 1151, that was larger then the actual Agent Orange IHD award, under Nehmer, under CUE.

That year can go fast for anyone dealing with grief. Best to get the paperwork done ASAP.

Was an autopsy done to see if a SC disability caused or contributed to his death?

PR stated:

"Spouses are lucky to get the DIC, as they probably had nothing to do w/earning it. jmo"

Some disabled veterans are lucky to even Get and Keep spouses who will love support them through thick and thin. JMO

Edited August 9, 2014 by Berta

[Philip Rogers]

Berta - you took what I said the wrong way or maybe I should have chosen my words better. What I meant was that the veteran earned the benefit, with "his or her" service, in that many spouses weren't married to the vet while he served. I certainly didn't mean to offend you or any other spouse. My comment was more about the extra benefit the veteran earned. Again jmo

pr

[Berta]

Thanks PR.... and I hope no one else took it the way I did...at first......

I sure get what you meant now.

Of course VA makes so many surviving spouses fight them over DIC claims, that in one sense it does seem like we have to earn it.

Sorry if I offended you!

You always provide excellent advice here!

reading this over I am concerned with what Charleese meant here:

"Can his spouse take over his claim even though %there are no additional claims. " ???

I cant tell if there was a Pending claim.at time of death.

[Navy04]

Berta,

You are definitely right on the fact that I have a Wonderful Wife and 2 small Daughters who have been thru a lot because of my 10 years active and all my disabilities now. I just found out in the last two weeks that at the age of 32 going to have my Colon removed soon, and replaced with a Colonoscopy bag for the rest of my life. My Wife Is only 29 and we have been married for 11 years. I sure have put them thru a lot.

[Berta]

I know you have given them a lot too!

The colostomy situation,. I have a dear friend (Vietnam vet) with that situation.

The worst problem he had was getting the VA to properly address the mesh prescription for the bag .in a timely manner.

He went ballistic over that one day when he was out of the mesh (like a special bandage I think) and the doctor forgot (twice) to properly order it or prescribe it.

I called the PT advocate, with his permission, and she got it squared away in a heartbeat.

His VA surgery went very well for that procedure.

Is there any chance of getting this disability service connected?

My father in Law went through this as well and like my friend above, you would never know they have a C bag, and they got used to it.quickly and the surgery definitely saved their lives.