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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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to add, this is what I mean.....

I see too many of these remands at the BVA.

The widows case was remanded twice already because the VCAA notice was wrong.....

It must contain the Hupp Provision.

http://www.va.gov/vetapp09/files1/0903759.txt

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The claim was filed in the first year after her husband died in 2003, the DAV repped her and I guess the VA was waiting for her to die before they needed to send a legal VCAA letter to her......

This is the crap they can pull on the surviving spouse of any vet here, when they die.

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  • HadIt.com Elder

When can a surviving ex-spouse of totally disabled vet claim DIC, or can she? My wife was married to a vet who became totally disabled after their divorce. I don't think he ever remarried. Can my wife claim anything. He was getting something for AO diseases when they split up back in 1999. His death would be the only good thing he ever did if she were entitled to something. He died just recently according to the lawyer who called our house about his kids and a will. How does it work with DIC and remarried ex-wives anyway? She was 42 when they divorced.

John

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  • HadIt.com Elder

When can a surviving ex-spouse of totally disabled vet claim DIC, or can she? My wife was married to a vet who became totally disabled after their divorce. I don't think he ever remarried. Can my wife claim anything. He was getting something for AO diseases when they split up back in 1999. His death would be the only good thing he ever did if she were entitled to something. He died just recently according to the lawyer who called our house about his kids and a will. How does it work with DIC and remarried ex-wives anyway? She was 42 when they divorced.

John

If the divorce wasn't her fault then she might be able to receive DIC but I would expect she'll have to fight for it, as the VA would take the easiest route and deny her claim, initially. jmo

pr

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John: If a spouse of a deceased Vet SC or pension eligible remarries, she loses all VA Bennies available to Surviving Spouse. Even if the subsequent husband dies, she's screwed.

Elder Law attorneys can help with this topic. They sometimes joke that Vets eligible for SC pay or Pension are very popular in nursing homes. They are prime marriage material for all the widows. $$$$$$ I think a new wife is eligible for approx $1500.00 per month Nursing home care immediately or shortly after the marriage.

Semper Fi

Gastone

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