Survivor Dies Before Or During The Appeals Process

[budda2015]

Iam writing this on behalf of my mom. My mom is terminally ill and the doctors tell us her prignoses is very poor. She is the widow of a Vietnam vet who died from a service related illness. After being denied DIC benefit we appealed and recieved a notice of disagreement. We have been told by the VA that there would be a determination made by april 15.MY fear is that there will not be a determenation made before my mom dies. my sister and i are in our 40s. My question is this.

1. Can we have these funds expidited

2. If Mom dies before a decision what happens with her appeal

3. If mom passes before a decision what recourse does my sister and i have

Edited April 29, 2015 by budda2015

[Buck52]

I am not sure , but I believe your spouse or children can keep your claim going forward after you die.

sorry to be so morbid.

just make sure they know about it and have them to come to this site hadit like Ms Berta mention.

...and so sorry to hear about your illness.

just keep fighting.

...............Buck

[broncovet]

You should should pick a family member you think is responsible, tell them of this, and show them where you keep all your paperwork, including your medical records. Give as many details as possible, such as the unit you were assigned in, where you went in any war, (the city, not just the country), full names of buddies you served with and whether you want them to know about this from your family. If you had any "incidents", such as you got treatment for a gunshot wound, or even foot rot, or whatever, let your family know all the details you recall. Best if you write it all down, and sign it as best as you can recall that its factual.

You could consider giving this family member POA before death...its possible that you lie in bed, sometimes for years, before death.

Have your family get in touch with your representative (VSO, lawyer, etc). Explain your situation to your representative, that if you die before you get a decision you want your family to continue with a substitution of claimant.

This should give the best chance of your family getting benefits you deserve. If your family does not even know you applied, then they wont know to file a "substitution of claimant".

If you are in appeals, or even if you are not, send a certified letter to VA that you are terminally ill and desire an immediate, or at least prompt decision. Many families do miss out, but by doing these things you are giving your family the best chance at getting benefits you deserve. I would contact allison Hickey, telll her you are terminal, and maybe even show some proof such as a note from a doctor, and you need an immediate, emergency handling of your claim for the benefit of your family.

Also, tell your family member about hadit, because, they can come here for advice, both now and after death. Berta and others have been through this exact situation, and are very familiar with obtaining Veterans benefits, such as DIC from a deceased Veteran. Free spirit is also very good, and gives great advice on the matter. I dont want to put words in Berta's mouth, but I think she helps us Vets out of a promise to her deceased husband, who died, partly, at least due to faulty VA medical care. Berta has gotten most of her benefits due to her late husband and I will guess it to be a very significant amount. Some Veterans receive 6 figures in retro payments, that is, more than $100,000. This usually happens when VA drags their feet or makes errors on the claim or effective dates. I think I will eventually win benefits back to 2002, when I applied, which will be about 6 figures. I have no idea if I will be alive when I win the benefits or not. Its already been more than 12 years, and it could take 12 more years, the way it looks. I could also win my full benefits next week. I dont know.

Edited April 25, 2015 by broncovet

[Berta]

allison.hickey@va.gov

[free_spirit_etc]

Berta,

Is this something the Survivors Assistance department might be able to assist with? I can't remember their exact name, but you posted something about them once, and included their email.

I had been trying to get a copy of the doctor's statement they used to deny my claim forever. I only had the first page,but not the second page. I kept requesting the second page and so I could have the entire opinion. They kept telling me I had to provide them with the doctor's name, etc. for them to find it. I didn't have the doctor's name, but how hard can it be to find the copy of the medical opinion they obtained after my husband's death? Anyway, I emailed the Survivors Assistance folks about it right after you posted their email to see if they could help me get a copy of the opinion. They emailed back that they couldn't really help with that, but that they would pass the information on to someone who could. I ended up getting another copy of the entire C-file in about a week. Of course, the VA admonished me that this was my SECOND copy, and that I would be charged if they had to send another one (totally disregarding the fact I had not asked for another copy of the C-file; I had just asked for a copy of the two page medical opinion they had not previously provided). BUT -- apparently the Survivor's Assistance folks lit a fire under somebody.

So, if this is a survivor with a terminal illness, perhaps if they emailed the Survivor Assistance folks they could get someone to move on this. I don't know, but it is worth a try, because if adult children are involved, I don't think they will be entitled to anything due to the survivor except expenses spent on the last illness and burial.

[free_spirit_etc]

I really wish the VA could move like SSA. When my husband applied for SSA - he needed to provide them with a copy of his birth certificate... which he had to get from the court house. The worker told him that all she could say was HURRY, because once she tagged it as a TERI claim (terminal illness) it would move FAST. They have special procedures for TERI claims to move them quickly and keep them from getting lost in the shuffle. My husband had retro benefits directly deposited in his bank account three weeks after he filed his initial application for SSDI.

[free_spirit_etc]

It might also be good to retain an attorney at this point. The attorney can make sure they have all the records and info they need, and can keep the claim going with the children, if necessary.