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Champva And Survivors


john999

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  • HadIt.com Elder

What happens when the ChampVA sponsor dies and before the surviving spouse has their DIC approved? Does ChampVA stop until the survivor gets their DIC claim approved? If my wife were to be on Medicare as primary and ChampVA as the secondary medigap coverage and I croak then what? I know the money from my compensation stops, but do all the other benefits to the spouse stop as well until she/he has DIC approved? My wife is entitled to three survivor pensions so to speak. She would be eligible for my SSA, my Civil Service survivor pension and to DIC. The thing is how long does it take for all this to kick in after she applies? Not many survivors just snap out of it in a week and then claim their life insurance and all their survivor pensions. They have to bury their vet and deal with all that plus they might be in grief for a while. The way I see it the survivor can't afford to grieve if they want to keep paying their bills. Now I have some of this taken care of but the insurance thing worries me. One thing I do know is that the vet and the spouse need an emergency fund that will carry them at least 6 months while all this stuff gets worked out. I have the disabled vet insurance which is enough to bury me, but do undertakers extend credit based on the VA insurance? Even if a vet has the grave and headstone paid for by the VA the service and all the extras can come out to $5000-6000. I did take a course in financial planning but I did not get to that specific section I guess. My wife always avoids my talking about what she will have to do if I leave this world before her. She says " John, you worry too much!" Yeah, I have been dealing with the VA for 40 odd years, so I do worry. I think it would behoove her to get one of those medicare advantage plans so she would not be high and dry if I croak and she has to wait for DIC claim.

John

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Berta: Thanks for schooling on SC DIC. My limited experience has been with M-inlaws Pension Denial due to remarriage. My wife will rest easy knowing she can now remarry after I take the Dirt Nap, with no worries about loosing her DIC $.

I really don't like the idea of my surviving spouse using DIC from me to put new Wheels on some 28 year old non vet's Hoopty! :)

Semper Fi

Gastone

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what I see that they still need is medical evidence of the two primaries and/or a strong statement that the lung cancer contributed substantially to death.

Or the Death certificate could be changed to reflect that.

Hello Berta,

a few questions:

I'm following up with the pulmonologist who diagnosed my husband's lung cancer to ask for written clarification to submit with my appeal. In your experience, are there phrases/statements to include? I plan to ask her to clearly document that she diagnosed lung cancer (vs "probable" or "possible" lung cancer) and that it was a separate primary site, not metastasized from another cancer.

Do you know how easy it is to have a death certificate changed? Does that come from the MD who signed it or from the state? How strongly do you recommend that for my appeal?

It appears I never received a VCAA letter. Is that a big deal?

When DOJ approves a RECA award, doesn't it establish service connection? I'm confused how the VA can denied service connection for the cause of death when DOJ has adjudicated the cancer as service connected.

Working my way through this, trying to get all my ducks in a row. Thank you again for your advice.

Jo

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  • HadIt.com Elder

My aunt got DIC and was in a nursing home her last year of lie. I got A&A for her which did help a bit. She was able to pay for the care she got due to her SSA, DIC, A&A and her pension. She had money in a trust that she never had to touch until the funeral. However, she was out of her mind and let a neighbor in Conyers, GA. talk her into putting all her assets into a trust with SunBank. When my sister and I found out what the neighbor had done we were pissed. SunTrust will hold onto trust money and fight you for every dime if you try and transfer the money into less expensive hands. Many older and senile people begin to think others are plotting against them. My poor deluded aunt thought we were after her money. We did not even know until we found out she had a trust and that neighbor had hijacked her car as payment for turning her against her family. All SunTrust did for a fee of $3000 a month was pay her bills such as she had which were nil. I fought many rounds with Sunbank and since my aunt still trusted my mother she let me be the personal representative for the trust. I was able to put here assets into high dividend stocks and bonds so she had a good cash flow in case she needed it. The bank was content to let the money sit in MM account as long as they got their fees. Banks are not to be trusted except maybe your own checking or savings account for "mad money" you want 100% safe. Nobody in my family had ever had a "trust" or IRA or pension that was decent. I got an Elder Care lawyer when my mother began to lose her marbles. It was a sad sight to see that she could not even make a check out anymore and my brother had to pay all the bills for her. This is when certain people will take advantage of elderly. No one wants to admit they have lost their wits to the extent they must be looked after, but usually if you live long enough it happens. It happened to my old granddad in Ireland who used to go to the Pub in his underwear. "Drinks on the House" !

John

John

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  • HadIt.com Elder

It seems I read this in DIC forum some where? I'm trying to go back research it.....but it seems the Reg's stated something about with ''exceptional'' cases Special SMC can be awarded with DIC & an a certain % Of deceased hubbys100% SC Comp.. ..I believe the spouse has to be housebound.? But again it says in some special case's SMC can be awarded.

...I don't think SSA has anything to do with it the VA DIC? But a widow can get SSDI

Please know this is just my opinion and not set in stone, Ms Berta is the expert on this she knows what she is saying here.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

Well, a DIC spouse can get A&A which is a form of SMC I think. I think a DIC spouse can get HB as well. It is really a small amount when you think of it. I think the spouse should be able to get what the vet got in life. If I take the famous "dirt nap" then my spouse would get my SSA as a survivor benefit. However, she only gets about 40% of my VA compensation. If she is 75 years old is she supposed to get a job to make ends meet? The civil service pension is about the same with a 50% cut from what I get as a retiree. If my wife had to pay the civil service insurance her survivor pension would be blown away. I don't see why spouses need to be driven to the poor house because their vet dies. I know Uncle Sam thinks that every 85 year old disabled vet would marry an 18 year old just for the DIC. Those in power still consider soldiers as a lower order of scum like the Iron Duke, Wellington said of his own troops that beat the French. Gentlemen just don't serve as enlisted and are from the lower orders. Their widows can exist on air and handouts from guys like Wounded Warriors project where CEO gets rich doing what the public should do.

John

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