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By USMC_VET
I was recently given 100% P&T and started filling out the Chapter 35 benefits for my wife as she has wished to continue her education, however i noticed that it says "If you are over the age of 18 once you receive either the DEA or FRY SCHOLARSHIP benefits, you will no longer receive payments of Dependency and Indemnity Compensation (DIC) or Pension and you may no longer be claimed as a dependent in a Compensation claim. If you are under the age of 18, on your 18th birthday you will lose eligibility for DIC or Pension payments and you will no longer be claimed as a dependent in a Compensation claim. CAREFULLY READ THE INFORMATION AND INSTRUCTIONS ON PAGE 6, ITEM 22 BEFORE COMPLETING THE ELECTION BOX BELOW. YOU ARE STRONGLY ENCOURAGED TO DISCUSS YOUR ELECTION WITH A VA COUNSELOR."
I am not familiar with this, so does this mean IF she was a surving spouse she wouldnt get DIC payments while she was on Chapter 35 or does this mean if she uses Chapter 35 now she wont get DIC payments if i passed in 10,15,30 years and made her eligible for the 50% of my Disability payment as a surviving spouse?
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By TiffanyP
My husband and I are getting life insurance figured out and things we should have a while ago in case something ever happens to him. We are trying to figure out if I would get DIC if he passed away and how much. He medically retired at 100 percent permanent and total in 2012. We have been married for 11 years and have four school aged kids. Would I get DIC? How long does it take to file the claim and receive it after death? We do have veterans mortgage life insurance in place now. Would I automatically qualify for DIC or is that up to the VA? Thank you!
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By elin
Hello all,
I am a widow and I am trying to file a DIC claim, but I need help.
My husband died March 21, 2020 from liver failure (primary) and chronic cirrhosis (secondary). There was not an autopsy. He was an OIF veteran, and was rated 100% due to PTSD and major depression on August 12, 2013. His rating was made permanent and total in December 1, 2019, so I know I don't qualify based on the 10 year requirement.
However, I believe his death from alcohol is directly related to his PTSD and major depression. I had conversations with him while he was still alive where he admitted as much. He was seeing a counselor to help with his depression, I have some notes from her, where she notated that he was drinking less that week. I called her to see if she could provide a statement to help, but she had to call her malpractice insurance company first, and I have not heard back.
I have initiated the claims process with the VA, and am currently working on form 21-4138 Statement in Support of Claim. I have family and friends who can make statements supporting my claim that he drank to self-medicate for his PTSD.
Any tips or advice you can give me to help fill this form out without screwing myself over would be appreciated!
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By vetquest
I was helping a widow of an ALS victim get benefits from the VA. She decided to use a VSO also. When she filed a FDC the VA denied her as for some stupid reason the death certificate stated they were separated at the time of his death. I requested that she cite CFR 3.214 in that she was his spouse but they filed a Supplemental claim with a revised death certificate and two buddy letters. The claim finished last week and she received back pay for about a year and begins receiving benefits this month.
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By nacole
Hi, Berta (everyone), I am curious if there’s any instructions on how to go about:
DIC is granted & accrued / death pension benefits are denied. My VA rep (Colorado VA office), recently explained to me that my mom was awarded DIC benefits ( I filed on her behalf ), effective the day of his death (my dad died Dec.30, 2017) of...
1-Pneumonia
2-COPD
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but, we (she) was denied accrued because the Army / VA did not owe him any money, since he never filed for benefits while alive. While that part is true, he never filed because he was told he did not have agent orange, he was told he “wasn’t in the right theater”, course that “theater” explanation is false. Vietnam establishes theater now, period. My dad was on ground (in air) for a year. Further my dad’s records I received from archives (medals included) do not have a lot of information in them. I have a hard time understanding what they do say. My dad was 191st Military Intellegence, not sure if that is why I have trouble making sense of the records they gave me or if that has anything to do with why I had such a trouble free approval on DIC portion of our claim (approved first time & expedited approval within 3 months)..to which we are grateful. However, I have an original document from 1989 that reads, “ In regards to YOU’RE request to be tested for agent orange...Donald L. Welch...” (my dad)..you’re appointment is scheduled for ...1989 at ... etc. then written in red pen on the top of the document is written “6-8 weeks”. I prusume his “testing” (set for an entire day 8am-6pm) did not inform my dad he had exposure, because he then would have filed! Yet, clearly he did (death certificate reads CAD) & DIC awarded for presumptive CAD! Throughout his lengthy medical history of: Arteries blocked (multiple), Surgical stents, cardiac-arrest, COPD, bronchitis-chronic, lung problems, etc. He believed he did not qualify for benefits. Months before his death he went to VA medical at his brothers insistence & on the way home from getting RX (for the first time ever from the VA) he told his brother he was told he wasn’t in the “theater” for agent orange benefits. By the time he got his first RX delivered through the mail...he was dead....of CAD. How do I prove establish that he would have filed for benefits (as far back as 1989, document attached), if they had not told him he didn’t qualify & wasn’t exposed? How do I get addditional records when he was military intelligence? I can’t even find out what battles, his medal citations are even from. I also know his helicopter crashed while he was in Vietnam and his back had either whipping marks or shrapnel scarred all over it...I want to know why. No records if him being a POW. Can anyone link me in the right direction? I’ll have to figure out how to attach documents to post- will follow through.
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
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Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
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Berta 3,782
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
Many years ago I tried to find a widow’s past posts here, as she had returned to hadit with more questions on her DIC claim..
I googled -DIC Berta hadit and her name- and many links popped up, some from VBN (YUKU) where a widow has complained at YUKU that she got no help from me because I asked her too many questions at hadit.
Fortunately some VBN members advised her that I understand DIC in and out and I asked probably the same questions any VSO or vet rep would. And maybe asked some the vet reps didn’t even think of.
DIC can become a very complex issue , and only by asking questions ,can we possibly direct any survivor as to what they should do.
By “we” I mean others here as well as me because all vets with a spouse need to get up to speed on DIC.
Others will get a chance , with the two issues on the board today One is DIC, and one might become DIC at some point but that vet is still alive.
Many DIC claims fall under 100% SC P & T for ten continuous years.....easy to succeed in
A few are Section 1151 death issues. Difficult but not impossible to win.
The rest usually involve proving that a SC disability caused or contributed significantly to death,....not impossible but difficult too sometimes.
And if the DIC claims are not based on the ten year DIC regs, the survivor may also definitely need a strong IMO.
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If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post. What was the Primary Cause of Death (# 1) as
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