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Well,it has been about 10 days since my Brother Died. Now to start the fighting for the living. ( My Sister-in-law)

So how do I go about filing His( Claims) for Her? Do I refile all the claims with his C- file # /an her name on them.

The 1151 Caims,too? My power to concentrate is really BAD. (PTSD & Medication)

Edited by mymissie (see edit history)
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It would be of assistance to those on the board if you post 1) What he was rated for 2) What all was wrong that was service related 3) What all you'd like to request of the VA. This way we can answer your question completely as to provide the best guideance and direction. Sorry to hear of his passing.

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  • HadIt.com Elder

Well for her to get DIC your brother needs to have died of something that can be connected to his Service Connected Disability or he had to be 100% for 10 years. If you both live in same town you might consider going to meet with a Service Officer to get the paperwork started.

Good Luck

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She will need to fill out the entire 21-534 forms at the VA web site- about 20 pages to print out-I think-

Or the VA could send them to her.

Olenavygoat is right-

What caused his death and how is his service linked to his death?

Sec 1151- this requires

1. Proof of malpractice or severe negligence, wrong meds, etc-

2. proof of additional ratable disability caused by malpractice or medical error.

I strongly suggest that she get a good Independent medical opinion for any Section 1151 claim.

On the 21-345 form ,. this will include a Section for refund of some funeral expenses -if his death is service connected as well as accrued benefits if he had a claim in progress.

She must formally re-open any SC claim he had in progress in her own name and then continue to support it with evidence.

Widows of totally disabled wartime veterans are also eligible for a pension. The VA will pay a pension in many cases as they attempt to award DIC.

This depends on income and she needs to tell them every penny she gets on that part of the form.

The widow's pension is reduced by many factors. I think it is almost impossible for anyone to even qualify but some widows do.

Her claim could take a long time.Medical Evidence is the only thing that gets a widow DIC.I hope there is a way to SC his death.

You deal with a lot- why not try to get a good service officer to at least help you to sort out the 1151 matter.

I get many Sec 1151 claims and often 50% of them do not seem to reveal VA negligence but it sure pays to find out. An IMO is always the best way to find out.

Wish I had done that in 1995.

My DIC award would have come in 4 months but it took over 3 years because the VA ignored a VA medical opinion that supported the negligence claim,within months of filing it,they gave it to VA counsel and this report suddenly disappeared -for 10 years.

Also the VA counsel and the VA Doc who wrote it disappeared too.

I found this missing report ,critical and proof of my 1151 claim, right in my c file-last year.

In spite of the fact that I won a wrongful death (FTCA) claim too- the VARO actually denied my DIC AGAIN!

I called General Counsel in WAshington, and they got that squared away real quick.

The VA will pull almost anything to get out of 1151 claims and FTCA claims.

Edited by Berta (see edit history)
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