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

[Berta]

Glen,johnson@va.gov

1-800-733-8387

Glen has done many Radio shows here in the Blog Radio show archives as well.

[atomicwidow]

Berta & all,

thanks for the ongoing thoughts and support.

I'm in a bit of a holding pattern; the pulmonologist who diagnosed my husband's lung cancer is out on maternity leave for another 6 weeks. Her office asked me to wait til she returns. I plan to ask her to write clarifying documentation about her lung cancer diagnosis that I can submit with my appeal.

I have not followed up with my veteran's service officer rep (is that the same as POA rep?) as when we last spoke about the denial last autumn, she seemed resigned and disinterested. I was thinking of appealing on my own. Is that unwise?

Jo

[jbasser]

Glenn Johnson will be a guest next week on the Hadit Radio Show. You can call in to the show if need be or I can ask him anything you want me to for you.

J

[Berta]

"I plan to ask her to write clarifying documentation about her lung cancer diagnosis that I can submit with my appeal"

She needs to follow the IMO criteria here at hadit,in the IMO forum.

In one of the posts in this thread I stated what she needed to do, to clarify the diagnosis.


"
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."

RECA said he was in Operation Castle atmospjhereic tests and they conceded he was exposed to radiation.

"we concede radiation exposure. But cancer of the larynx isn't on the presumptive list for radiation exposure. "

This is therefore NOT a presumptive condition.

If the lung cancer IS a presumptive condition, then the IMO doc should give a medical rational that it is.

However a strong IMO can also suggest ( unless if is in your original claim and should be)
that his demise is directly due to cancers of larynx with lung cancer contributing.... or vice versa.

I am thinking this claim is locked in to the Presumption Atomic vets regulations.

Was the claim raised for Direct SC death, as well?

Did the VA make any statement at all, even negative, in the denial, regarding Direct service connection?

We all must rasie as many potential theories of entitlement as we can. I raised three on my DIC app, and won under 3.

Free spirit is correct here in this past thread:

"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. " 'A material contribution to death'.... in some cases can award DIC.

What did the VA denial state as to the lung cancer?


Gee, in the thread here PR asked me
"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"

Gee, I need to check that out PR....maybe that is why they re opened a DIC claim for me that is pending??????


This is the IMO criteria she needs to follow:



Direct service connection can be awarded in cases where it is claimed and the claim does not fit into any Presumptive regulations.

Sometimes that needs a very strong IMO. The VA did not question his MOS ,and conceded his exposure.

The IMO doctor could support both theories of entitlement, if the medical evidence warrants it.

Most doctors (unless they are familiar with VA claims) need to know exactly what VA needs to have.

Your IMO doctor must state aggressively, with medical rationale, that there is no other etiology but for the veteran's cancer from radiation exposure, while in service and that exposure contributed to the conditions at death.


You asked " I was thinking of appealing on my own. Is that unwise?"

If I had not dumped my former vet reps, I would have never succeeded in my claims.

The NOD must be timely filed and yes, you can appeal this denial yourself, but a strong IMO, as part of the appeal, will be the best bet here.

[atomicwidow]

Can a surviving spouse request the deceased Vet's c file? Wondering if I can sign his name or my name then "surviving spouse".

In reviewing VA form 3288 (request for release of information from individual's records) there's a section heading:

INFORMATION REQUESTED (Number each item requested and give the dates or approximate dates - period from and to - covered by each.)

Can I ask "entire claim file" and leave it at that? or better to request from date of service to present?

There's also a section heading: PURPOSE(S) FOR WHICH THE INFORMATION IS TO BE USED.

I presume I state "DIC appeal".....?

[Philip Rogers]

atomicwidow - yes, the widow is allowed one free copy of the veteran's c-file and medical records.

pr