My Husband Died On Nov 26th

[KHJH]

My husband passed away on Nov 26th. We buried him on Thursday.

He was only 58 years old.

He was in the hospital 5 times in the last month and half for kidney failure.

This last time they were getting ready to start dialysis and he went into cardiac arrest and died.

I keep thinking why didn't they do dialysis the 3rd or 4th time why wait until the 5th time. Maybe I should have took him somewhere else.

Everyone left today and I'm by myself for the first time. I don't know what to do with myself. I walk from one room to the other just looking at his stuff. I feel like beating my head against the wall.

Kathy

[kkp]

Kathy

Please accept my heart felt sorrow for your loss.I have lost four Brothers and a Sister all under thirty five year of age, and I still grieve each of them. I can't imagine losing my Wife of thirty seven years.

God Bless and may time make it more bearable

kkp

[KHJH]

My husband was 80% IU P&T when he died. He was SC for his back, hip, knee and PTSD. The claim he filed for his kidneys would not have been more benefits but his death would have been SC if he was to die from kidney failure.

I'm only 47 years old so I don't qualify for any Social Security benefits. I quit my job 1 1/2 years ago to stay home and take care of him. So I don't have an income right now.

We would have been married 30 years in Feb 07.

Kathy

[john999]

KHJH

If your husband was totally disabled for at least 10 years you would be eligible for a survivors benefit regardless if his death was service connected. You should also be eligible for a war widows pension I believe if he served in Vietnam. The war widow's pension is need based. It is not really enough to live on but is something.

[Berta]

Right John - thanks again for always bringing up the ten year rule- 38 USC 1318

I thought the veteran had only a recent claim filed-

Also -even if the veteran did not have 10 years of 100% SC P & T- sometimes the medical evidence could support that the vet should have been 100% for ten years.

Technically the VA is to consider this type of entitlement in all DIC claims.

(Campbell V Gober, and Sachs V Principi) however in SAchs V Principi the court (CAVC) could not claim jurisdiction as the widow failed to raise the 1318 issue in her initial claim.

(what a crock that is- I bet many vet reps have no idea of what the 1318 Ten Year Rule is and did not advise her to raise this issue.)

There is the DIC 5 year rule: where the veteran was rated 100% for not less than 5 years from time of discharge up to death.

This depends on 5 years of actual receipt of 100% P & T,or medical evidence shows he/she was "entitled to receive it".

Ten year DIC is an "as if " benefit-

this means that the widow can get DIC- but not all ancillary benefits.

BUT a widow or widower shoud be eligible for these benefits due to 100% P & T determination in the veteran's lifetime anyhow.

The VA challenged the 1318 regs some time ago-and when the new VBM came out the case Rodriguez-V Nicholson was still in the fed circuit court.

Also DIC can be established by CUE in a prior final VA decision as well as there is a POW rule-for deaths after Sept 30, 1999, a survivor of a POW can claim DIC under numerous DIC regs.

[KHJH]

My husband was 80% IU P&T for only 2 years. We didn't know you could file for an increase until 2004. He was only 10% up until 2004. But was drawing Social Security Disabiltiy for around 17 years.

We own an apartment building that I collect rent from. Even though the rent I collect goes towards the mortgage payment, insurance and the other expenses for the building VA would still consider this my income so I wouldn't be elgible for the VA pension. We put the building up for sale a couple months ago, hopefully it will sell soon.

Kathy

[Berta]

Kathy- that all has to be put into the DIC claim-in the financial section- but explain to the VA how the income is used to maintain

the building.

Was the SSA award for what was SC when he died?

Your vet rep might need to consider if there is any potential under 38 CFR 1318 but it looks to me that they should award you direct service connection.

The fact that he had diabetes and was an incountry -with death contributed to by kidney disease (which is a known consequence of diabetes) should award DIC-

Then again many people die of a heart attack.As a direct consequence of other factors.

It would be awful (and I had a widow's claim like this) if the VA said the cause of death was heart attack and not related to his diabetes or kidney disease.

The widow was able to get an amended death certificate. Most states do not amend them.

I found some DIC claims at the BVA which showed the BVA did not seem to accept the amended version at all.

This is why a good independent medical opinion will help you considerably. I know this might be a big expense but as a widow claimant I learned long ago that the VA tries to get out of DIC claims just like veterans claims.

Then again maybe the medical records from VA will reveal exactly what you need.

Was diabetes listed on the death certificate as contributing cause of death?