DI

[Song]

 About SC 

Edited December 5, 2016 by Song

[Berta]

Song I am a widow of 2 vets, my last husband was USMC Danang Vietnam.

Their compensation does not continue after their death. In my case, VA pulled my husband's comp money right out of our joint checking account within a few weeks after his death.

They dont do that anymore but there is some paperwork a survivor needs to file to get the last check back..these days.

If your husband dies with a claim in progress ( such as an AO claim as advised above) you will need to substitute yourself as the claimant and continue the claim with any evidence the VA will ask for.

The death certificate as to the Primary and secondary contributing causes of death is the most controlling factor in most DIC claims.( unless the veteran had 100% P & T in affect for ten full and continuous years at death)

Gastone mentioned an autopsy because I had thought this was a DIC case and had to delete my whole response. An autopsy can be critical to DIC claims in some cases.

I am parsing info that is all here under this forum as to DIC.....

Is he being treated by the VA for the cancer?

You would have to know the exact medical terms for the type of cancer he has, and make sure to file what cancer was first diagnosed and if the second cancer was metastazied from the first cancer?

I have seen a few widow's claims for cancers on the presumptive list that VA denied because they caused death but were not related to the veteran's diagnosed AO cancer condition...but all of that is down the road.............

Your husband needs to get the exact diagnosis , to file the claim with, and he needs to get a full copy of his medical records.

As a widow I received SSA survivors benefits ,in mere weeks or months, after my husband died  yet my initial DIC claim took almost 3 years.You might be eligible for survivors benefits from SSA if your husband dies. They have a web site with that info.

But my AO death claim went faster ...2 years I think. And since then VA has tried to speed up DIC claims.

But the most important thing your husband can do is apply for the conditions he has now.

. "But last month he was diagnosed larynx cancer and lung cancer and his heart also some thing wrong "

You need to find out what the heart condition is, and if it is Ischemic heart disease, CAD, or atherosclerotic heart disease ,that is how you should word that disability on the claim.

Has he contacted his last vet rep- if he had one, for his last VA award letter... to help him with this new claim?

 

Edited November 23, 2016 by Berta

[Song]

Thank you so much MS Berta and I appreciate it . 

My husband was treated by the VA for the cancer , last week just finish 

a larynx surgery  and next month it will be lung cancer surgery for him . 

And now he is 66years old , when he was 55.he had a heart blockages .  Last month he was diagnosised lung cancer after this was diagnosised larynx cancer  and the second cancer was not metastasized from first cancer . ( and his whole teeth and the lower jaw are artificial ,only have half stomach ,these all cause by the war ） 

 

[Song]

Thanks for time again 

Edited November 23, 2016 by Song

[Berta]

Song-I am not sure what this means as to the '30 ear ill':

"Last year he got 100% disabled (70% PTSD. 30 ear ill )"

"Heart blockages" are often due to atherosclerotic heart disease,  which is most likely "ischemic" heart disease.

Did the VA ever rate and give a diagnostic code to the heart disease in a past decision, as a NSC disability?

Like the 70% SC PTSD decision you mentioned? It would be found on the rating sheet.

Reason I ask is that under Nehmer, there might be potential for a very good retroactive payment, if VA Service Connects  the heart disease ( as IHD) to AO (Vietnam) in a new claim.

The Agent Orange regulations involve respiratory lung cancer only -most most lung cancers do fall under that criteria.

I sure hope his care is the best it can be.

 

[Song]

Thank you Ms Berta . I am sorry I wrote wrong word it is 20%  loss of hearing , 70% SC  PTSD and never say any other percent  only say they have their way to reach the rate and he got 100% ,(9years ago my husband was 60% ,it took us for 9 years to get the 100% ,we went to ask about this many times  and we almost gave it up already , until 4/20/2015 we apply again ,And the 100% affective date was 8/25/2015 )  I nenver saw about the heart disease on the paper and I am sure that he do not have heart disease in a past decision, as a NSC disability . 

[Gastone]

I know very little about DIC, really have to defer to Ms Berta. I would say that it is better to be prepared, information wise. Certainly wouldn't hurt to pull up a VA DIC Claim and get it as completed as you can.

I do know that the spouse of a Deceased Vet that was pulling 100% Comp Pay, takes a serious hit, to the tune of about $1500.00 per mos. It remains tax free but the loss of $18K, can be areal life changer. So be Fore-warned & Prepared!

In addition, the UN-remarried Widow/er is eligible for A & A, personal residence or Nursing Home, when qualified.

I just read in an OIG report, the VA just prosecuted a couple Widows for not advising the VA of the Vet's Death and continuing to collect the Vet's full Comp. The VA & SSA have a record Sharing Agreement. Not really certain but I don't think the VA Takes back the last mos of comp, like the SSA does. Ms Berta, your experience please?

Tough to do but try and Have a Happy Thanksgiving.

Semper Fi