Survivors- a Must read

[Berta]

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.

 

 

 

[Mr.B]

Number 7 yes

 

[Berta]

OK I see what you mean about #7- to check Yes-

but there are thousands of DIC claims denied at the BVA)

Page 1 of 22842 results — searched 1303994

Query: (dic) AND ("denied")

I am surprised those numbers are not higher but many survivors give up and many have no PC access to get the info they need.

Some of those denials might well also include an award of DIC but I would think a small number and I think the 22,842 search results include 1151 death claims as well.

 

I understand your point Mr. B.,but proving death from a SC disability can become Very difficult.

The fastest survivors claims are those whereby the veteran was rated 100% P & T SC for ten continuous years.

And I do appreciate your input here- but as a survivor of two veterans myself I learned that vet rep are not always up to speed on DIC claims and also I learned I not only had to prove my claims myself. I also had to know VA case law regarding those claims.

 

I won under 1151 wrongful death DIC that was changed to direct SC death due to AO DMII contributing to death- AO DM II-never diagnosed or treated by VA, and for that claim I had 3 IMOs.

In my decades of experience with DIC claims, the burden is on the survivor,to prove SC death from a SC disability as substantially contributing to death, unless the vet was 100% P & T SC for ten years. ...If the SC is listed as a secondary cause of death on the death certificate.

Some DIC claims can go much faster ,I hope, if the established SC disability is listed on the death certificate as the Prime cause of death.

We need more vets here up to speed on DIC and accrued benefits, so I certainly value your comments because DIC is not at all similar to regular SC claims from a living veteran.

A DIC claim is also a claim for a wartime pension if that criteria is met and the SC death claim for DIC fails. 

However a Wartime pension depends on financial income  and other concerns and can end up being very little money at all for a survivor.

 

 

 

Edited February 15, 2021 by Berta
weather problems with PC

[Berta]

Please note- I questioned the first search results I got from the BVA and checked them again and had to edit the original reply here.

Sometimes you have to search the BVA under different search terms.

"Page 1 of 22842 results — searched 1303994

Query: (dic) AND ("denied")"

The search link is here:

https://www.index.va.gov/search/va/bva_search.jsp?QT=DIC&EW=denied&AT=&ET=&RPP=10&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

One decision that comes up first= the widow had representation but BVA has started to eliminate

what vet org or lawyer,or  agent represents vets on their decisions

The widow ,on the first decision that pops up, applied for DIC on three different theories  of entitlement" direct SC death, 1151 death, and 1318 death and she was denied on all three.

As you all know there i no longer a "hypothetical entitlement" regulation under 1318.

 

 

[Mr.B]

Yup if they check no the family member will have to find someone to show how their love died! It is very sad! I help many in this situation! So if they come back and say otherwise they can respond instead of starting from scratch! It’s painful for family members! They need to the regulation so they automatically find out how the veteran died and was any of his condition was due to his death! They place the burden on the family! If their is not a veteran that understands what happens present, the family members are so upset they just check no! Big mistake! My opinion! Put the burden on the VA!

[Berta]

THANK YOU for helping survivors Mr B.

They definitely cannot always count on good help from vet reps.

My former vet org never even  heard of the REPS benefit.

And I think I was their only client who ever got an IMO-they acted as if they had never seen an IMO before.

Many survivors will need a strong IMO.

 

 

 

 

[Berta]

I am bumping this up- aI asked a local widow to join- don't know if she will-..

Also I often forget to mention the 5 year regulation:

"If the Veteran’s eligibility was due to a service-connected disability rated as totally disabling, they must have had this rating:

• For at least 10 years before their death, or
• Since their release from active duty and for at least 5 years immediately before their death, or
•  
• For at least 1 year before their death if they were a former prisoner of war who died after September 30, 1999

Note: “Totally disabling” means the Veteran’s injuries make it impossible for them to work."

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

The 5 year year DIC  has hardly ever come up here- I only remember one wuestion on it.

Inservice deaths are handled completely differet- our village lost an inservice veteran to an IED some years ago.

Her father and all other siblings still serve, or did serve in the Military.

And VA always seems to forget 1151 death DIC benefits- but there is plenty here on that.