Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Survivor Dies Before Or During The Appeals Process

Rate this question


budda2015

Question

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 by budda2015
Link to comment
Share on other sites

Recommended Posts

  • 0

Here is the thread for the Office of Survivors Assistance:

Email - OfficeofSurvivors@va.gov

Looking over the thread,I see I had tried to obtain a copy of the medical opinion for TWO YEARS! I emailed them and they told me that they couldn't help, but if I gave them the RO I was working with and my claim number, they would forward the request to Consumer Affairs Liaison for assistance. I sent them the info January 19, 2010. The RO acted on my request two days later, January 21, 2010. I got another copy of the entire C-file on January 26, 2010.

Think Outside the Box!
Link to comment
Share on other sites

  • 0

You beat me to it, free spirit...I just found their email addy.

In some cases, they can assist but I am not sure what they can do for this vet , yet it is still worth a try!.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

We haven't heard back from the OP on this -- but since the title of the thread is "Survivor dies before during the appeals process" I am operating under the assumption that the issue is not what survivors can do if the vet dies before the appeal is complete. I think the issue is that the poster is a survivor, rather than the vet, and the issue is about whether the survivor's children will be able to get the benefits they are owed if they die before the appeal is complete.

If this is true, the faster the decision can be processed (correctly) the better, if the children are already older than 23, because adult children don't have many rights to benefits.

And actually, the survivor has enough to worry about already... without more VA BS.

So hopefully, if they could contact the Office of Survivors and / or Allison Hickey, and get some movement on the claim, that would be great. I hope if they let them know they are a survivor and they have a terminal illness, someone will get the ball rolling.

Think Outside the Box!
Link to comment
Share on other sites

  • 0

Hi All, Let me shed some light on the problem, I am the brother in law to the Survivor who is Terminally Ill , she has 2 adult daughters, there has been a claim in for years which is due to be finish very soon I had made the suggestion to check Hadit for an answer as to weather the adult kids have any entitlements to the claim. From your conversation the answer appears to be no. But we will check it out. The mother was taken off life support 4/26/2015 so it's just a matter of time. I will conv this to Budda 2015 THANKS FOR YOUR TIME GOD BLESS

Link to comment
Share on other sites

  • 0

Hardtimes,

I am so sorry to hear this. My heart goes out to your family.

The adult children may want to contact a veteran's attorney at some point. They may be entitled to something. If the children paid any expenses for their mother's last illness or funeral, they may be entitled to reimbursement for those costs out of any money due to their mother.

Again, I am so so sorry to hear this.

Think Outside the Box!
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use