Champva And Survivors

[john999]

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

[Chuck75]

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

"I know Uncle Sam thinks that every 85 year old disabled vet would marry an 18 year old just for the DIC."

Given the life expectancy at 85, that might not be a bad idea. Think Hugh Hef. ! (Heh!)

[Berta]

Atomic widow

I went back to to your Nov 15th post here where y0u attached the decision as a pdf,

the decision states:

:"RECA has confinned the veteran's participation in Operation Castle during atmospheric testing.

Radiation exposure is conceded.

The cause of death, Larynx cancer with possible lung cancer, does not qualify for service

connection under these provisions. Under VA regulation, Larynx cancer is not associated as a

condition related to radiation exposure. VA has detennined that a positive association exists

between exposure to radiation and the subsequent development of lung cancer. We have not

received evidence that lung cancer is direct site. For lung cancer to be considered as service

connected based on presumption to radiation exposure, lung cancer would need to be shown as

the primary site of the disease.

The Veteran passed away on September 7,2013. The death certificate recorded the Veteran's

cause of death as Larynx cancer with possible lung cancer. As Larynx cancer with possible lung

cancer is not a condition recognized as presumptive to radiation exposure, entitlement to service

connection for the cause of the Veteran's death is denied."

My advice is the same:

"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."

You need an expert in cancer to determine that.

There is good advise on the hadit home page on IM)s and in many posts here in the IMO forum.

This post basically covers the important points.

I had asked these questions in a past post but I didnt find any replies from you:

"Posted 16 November 2014 - 07:42 AM

one more thought:

"My husband was diagnosed with two primary cancers on the same day, larynx and lung. The MD reports state they were two different primary cancers, not one metastasized from the other. Lung cancer is a presumptive condition from ionizing radiation exposure. They conceded radiation exposure during his service. "

Can you attach a copy of that report here (cover personal names etc)

This doctor might be willing to prepare a more detailed report as even if the lung cancer contributed substantially to his death, they should have awarded DIC.

With that report perhaps you could contact the Coroner or ME (Medical Examiner) to have the death certificate amended to show lung cancer as a substantially contributing factor to death.

As long as the regulations show lung cancer (without any specific types that could rule out service connection) is presumptive, then with an amended death certificate and additional medical info from the MD, that could help award the DIC claim.

Was the MD a oncologist? "

"My husband was diagnosed with two primary cancers on the same day, larynx and lung. The MD reports state they were two different primary cancers, not one metastasized from the other. Lung cancer is a presumptive condition from ionizing radiation exposure. They conceded radiation exposure during his service. "

That is a significant piece of evidence and it appears the VA did not consider it.

As I mentioned before, It seems you did not receive a valid VCAA letter referencing the Hupp decision.

What has your POA rep said about that? The decision however, did contain the statement of the wxact evidence you need.

"With that report perhaps you could contact the Coroner or ME (Medical Examiner) to have the death certificate amended to show lung cancer as a substantially contributing factor to death."

Also, with a strong IMO, perhaps the Death Certificate could be changed.

A few widows here over the years have had Death Certificates changed.

Not all coroners or MEs do that.

You can call the county medical Examiner's office on your county to see if they ever do that based on additional medical evidence.

Some Medical Examiners have a form to use for that.Some ME's will not consider a change.

My first attempt to get my husband's Death Certificate changed was based on his autopsy.I received meaningless rhetoric from the ME's office.

My second attempt was different a few years later.New Medical Examiner.

They sent me a form to fill out and to attach medical evidence (I had by then 3 IMOs.

It will not matter for VA purposes ,with a strong Independent Medical Opinion, if that IMO can overcome the denial.

I did not pursue the change because by then I had succeeded in the VA claim.

I contacted the lawyer who had handled my father in law's estate because my husband's siblings all feared heart disease since he died so young, but the actual causes of the IHD with diabetes contributing death, was AO.None of them had served in Vietnam.

Edited December 9, 2014 by Berta

[Philip Rogers]

"Also I read with the VA with the DIC benefits states in regulation's special monthly rates apply some where?.. that a spouse can draw half of the veterans benefits along with the regular DIC claim of 1150 monthly..so what ever you get she can file a claim for half that amount plus her other dic benefits...and draw your SS."

Widows getting DIC can often get A & A in some cases but the rest of that statement is misleading....

I get 1233.33 a month in DIC.And I get SSA. No Aid and attendance.

I got a little more when my daughter was still in high school at a dependency rate.

Everything one needs to know on DIC is here in our DIC forum.

Berta - shouldn't you get the extra, about $250 a month, if you were married to him for the previous 8 yrs, just prior to his death???

pr

Edited December 9, 2014 by Philip Rogers

[free_spirit_etc]

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.

The more clearly the doctor stated this, the better. You also might want to get copies of the medical / hospital records that clearly show lung cancer. If the doctor would also state that more likely than not the lung cancer materially contributed to your husband's death - that would be great. Giving some solid reasoning as to why would be even stronger.

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?

Kind of... That means they denied your claim without telling you what they needed from you to substantiate the claim.

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.

It is because the VA denies claims. They are just saying RECA said he was part of the Operation Castle atmospheric testing. Therefore we concede radiation exposure. But cancer of the larynx isn't on the presumptive list for radiation exposure.

Pay close attention to the things they leave out in their decisions. The key to winning often lies in those missing pieces. They don't mention those things because if they mentioned them, they would often have to grant the claim. Notice they only say that RECA confirmed participation in Operation Castle. They fail to mention that DOJ adjudicated anything about the cancer.

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

Jo

[Berta]

Our new CHAMPVA Cards have been sent out , to replace the older ones.

Mine looks the same as last card I got.

Edited December 26, 2014 by Berta

[Buck52]

Anybody happen to know Glen Johnson Phone # or office email?

Glen is with ChampVA