Berta, Dic Claim Denied 2x, New Info, Cue Or New Dic?

[cowgirl]

Requesting medical/counseling records with suspected inservice disability. Can 2x/denied DIC claim get reopened, using the CUE approach? or file new DIC? WIth new "duty to assist" will VA help get psych records? thanks.cg

[Berta]

A DIC claim is for widow or widower benefits due to service connected death of a spouse.

I dont understand this question at all--

Anyone with a claim should obtain all service medical records themselves. They can do it on line at :

http://www.archives.gov/veterans/military-...ce-records.html

I would never depend on the VA to do that- they might get them all and then say some were burned in the fire or some crap like that-

believe me the only complete copies of SMRs I see these days are those the vet got themselves before the VA could lose them or mix them up with someone elses c file.

If you have new and material evidence you can re-open a denied claim.

If this is a DIC death claim-the VA denied for a specific reason that has to be proven by medical evidence.

if a vet with a psychiatric disability -whether noted in service or not-dies----still the death has to be service connected to that disability-by medical evidence.

If a vet has PTSD and died due to heart disease, one could argue that PTSD caused the heart disease. That is plausible but only a strong medical opinion would make that claim succeed- it could even take 2 medical opinions- one from a cardiologist and one from a shrink.

Unless the veteran died with 100% SC P & T in affect for ten years prior to death.

there are other ways to get a DIC award and they are all at hadit under the search feature.

The denials gave the key to succeeding in this DIC claim.

Edited October 1, 2006 by Berta

[Josephine]

Cowgirl,

This is one of your questions "will VA help get psych records?". I can tell you from experience, my psychiatric records were hidden from me for 42 years.

I wrote to the St. Louis Archives and as Berta said, you can do this over the internet, but specifically tell them that it is the Psychiatric Records that you need, as these records are kept separate from the reqular records.

After about a week call the archives to check on the records and make sure that they understand how important it is to you to secure these records.

I lucked out this year and the archives located my request for a transfer from my duty station to another one.

One of the technicians called me each time, to make sure that was what I needed.

Always,

Josephine