ptsd A Warning As To Dic Claims

[Berta]

"Based on my recent decision, and a phone call from the director of my VARO, I assume I am not just an isolated event, and that VA can and will try to pull this bull crap on any one's eventual survivor.

Whether you have a 100% SC rating or not,

whether that rating remains in your lifetime until your demise,continuously by all medical evidence,

whether you have evidence that the rating is Permanent as well as Total,

And

whether that disability has caused or contributed to your death by Death Certificate and/0r autopsy-if an autopsy was done

your survivors can be DENIED DIC,

accrued benefits,

CHAMPVA,

Chapter 35

and any other potential state or county tax exemptions etc etc.......

......if the VA can deem that 100% disability ( or TDIU solely for one disability) as total when you die, but somehow NOT Permanent in your lifetime and at time of death.

Death makes any 100% SC disability Permanent in a veteran's lifetime."

This is copied from my post at the End of Life topic in claims research.

Of course this "reason" for denial of 16 additional months of my accrued benefits, came from the Director of my RO in a phone call.

The decision has no reason.It just says no additional accrued amount is owed.

I got 6 months of the accrued in 2012 but filed CUE as they failed to rate the veteran's residuals of a 1151 stroke.

The decision rated the residuals at 100% and properly awarded the 100% for the entire 22 months ( 100% plus SMC and 2 dependents)

but I never got the additional 16 months owed to me.

And VA Chief of Comp ( Quality Review Team) told me the PC screen was reading awarded and sent the entire amount ---22 months accrued.

He said the fact that I didnt get that 16 month payments must have been a finance error.

Yet the director says I wont get it. Because the veteran was not Permanently disabled by his 1151 stroke.

ALL of my evidence they refuse to read says he was Permanently disabled by this 1151 stroke.

My evidence is impeccable. And Permanency should not even be an issue.

His 30% SC for PTSD was raised posthumoulsy to 100% P & T .

Death makes any continuously standing 100% award -Permanent.

1151 are rated exactly like SCs are. My 2012 award proves that.

I have made this point here many times recently.

Perhaps I am the only survivor who VA has ever tried to pull this bull shit on.

or perhaps this is a brand new VA policy (not supported by any regulation whatsoever)

that ROs will start to use to deny survivors claims.

So Try all you can to get the Permanency designation in your lifetime.,if you are TDIU or 100%.

( which my husband DID get by C & P exams, NYS student loan waiver, Voc Rehab statement , and even in a letter from a former VA Secretary, among other evidence they have.regarding his 1151 stroke)

And make sure the spouse knows the evidential regulations in 38 CFR and M21-1MR pertaining to DIC and accrued benefits.

They are all here at hadit.I have posted them dozens of times.38 CFR 4.6 is the most important one we all have....whether veterans or survivors of veterans.

[Buck52]

Ms berta

can you appeal this to the High courts in Washington?

[Berta]

Perhaps this got overlooked in my attempt to explain all this.

The additional accrued benefits were "granted" from March 1, 1993 to October 14, 1994.

In my recent March 6 decision. 100 % plus SMC and 2 dependents.

Both conditions of my CUE were met.

I got the first 6 months from Aug 1992 to March 1993 in 2012.

The statement after the grant says "Therefore No additional accrued payments is due."

Because the PC , the VACO man read shows I have already been paid 22 months of benefits.

The director gave me a completely different reason....that the CVA was not Permanent when all evidence VA has says it was Permanent.

The accrued amount is a 5 figure award.

I was awarded the CUE , and granted the award.

Someone else must have gotten the 16 additional months of accrued.Maybe that is why my date of NOD was manipulated from October 2012 to April 2015.

"can you appeal this to the High courts in Washington?"

That is exactly what I am doing and also breathing down their necks to fix this.

It all takes up a lot of my time. It might take weeks, months or years.

I will return to hadit when it gets resolved.

Edited July 27, 2015 by Berta

[Vync]

I wish you the best luck on this. We all know you will set them straight!

[Philip Rogers]

Buck - any VA claim can be appealed, whether it's for comp, travel, school, or whatever!!

pr

[Pete53]

Any decision can be appealed but some are handled differently. Many years ago I asked for Fee Service and VA turned it down. I asked for a Hearing and with the help of a Doc on the panel got the original decision reversed. Not that any Doc in Dallas would put up with the VA rules and slow pay.

[john999]

I am appealing a medical decision not to do necessary dental work involving dental implants which ended up costing me 15 grand. The VA said that in 2010 dental implants were not standard dental care, and they did not offer them at my hospital. They just pulled teeth and made dentures. Dental implants have been around for 20 years as an alternative to bridge work. I am appealing via Fee Base Unauthorized Claims. I won one of these before when I had work done while waiting for my TDIU on appeal. It has been six months since my claims. I bet they have lost them or just tossed them, but I have copies. You know there are dentists in my part of Tampa who have applied to be VA providers and the VA just ignores them.

John