ptsd Who decides amounts of DIC?

[kate7772]

I'm just wondering who decides on the amount of DIC?  Is it the Sec. of VA or some governing body?  Been doing a lot of thinking lately.  My husband is 100% P&T.  If he should die and it is due to his disability or he makes it to the 10 year mark, I will get approx. $1257.  It will be impossible for me to make it on that amount which scares me to death.  His disability goes back to 2011 officially but I am sure it was long before that.  Because of that fact, it was difficult to impossible for me to pursue my own career.  I was always watching him and sometimes even working for the same company so I would be able to help him and keep an eye on him and his PTSD symptoms.  At the time, we did not know what was causing his problems so did not file for disability.  Through a lot of investigation and others mentioning things to us, we finally understood what for so many years was not understandable to us.  I'm sure there are so many others that are dealing with these same issues.  Since I did not have my own career and his was sporadic through the years, we are grateful for the disability compensation that was finally awarded.  But, in the event of his death, the future is so scary.  I really feel widows and widowers should be entitled to continue to receive the full disability upon the veteran's death, especially older survivors.  So, who decides these issues.  Who would need to be lobbied?

Thanks,

Kate

[Berta]

I assume she has SSA Medicare and CHAMPVA but assisted living can be very costly.

I also assume maybe she gets SBP but that is offset by her DIC.

Gold Star Wives works aggressively every year before Congress to eliminate the SBP offset.Perhaps that would happen when she needs it the most....if that happens.

All I can think of is if there is still property in her name, that your locale might have property tax exemptions.

I get 2 real estate tax exemptions as widows of a 100% P & T veteran.

Maybe someone here knows of something else.

[DonH]

My mothers is on TRICARE; she had her own SS Benefits; but, when Dad passed, she received an increase. I'm mot sure what SBP is. I remember some sort of offset. I don't recall exactly what type it was. My brother told me that the state has some type veteran's benefits, also contributable to help the veteran's widow.

 

Edited February 20, 2017 by DonH
corrected punctuation; add more details

[jfrei]

On 2/7/2017 at 7:02 AM, Berta said:

Buck - I think my PM thing is open....got some PMs the other day about you know who .

My email access  is what is closed.

You are right about life insurance and every vet with a spouse should try and get it because although some DIC claims sometimes go fairly quickly ( 100% P & T ten year claims) it can often take a long time before the DIC is awarded for other claims.

 

 

 

 

 

So I have to hope all this shit the VA trying meds don’t kill me for another 8 years so it goes quickly for my spouse correct? I’ve only been P and T for little under 2 years why I’m fighting for this EED still with my two issues left on appeal. I’m tired of doing this dance for another few years, anyone have any thoughts of getting a good VSO or any recommendations.... 

[Berta]

https://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

There are other ways for a surviving spouse to attain DIC, in addition to the ten year continuous 100% SC P & T award.

I suggest all veterans get their spouse up to speed on DIC and make sure they have your hadit password and can use a PC.

Although the link from VA is good, it does not include 1151 DIC.

If I had not purchased the VBM from NVLSP annually from 1991, I would have never known about FTCA and 1151.Those were pre- internet days with limited info on these claims.

If the VA causes the death if any veteran due to wrong meds, inappropriate treatment, failure to diagnose etc,etc, etc...the survivor can file for DIC under Section 1151 and also file a FTCA case at the same time.

However 1151 claims and FTCA cases are two separate issues-explained in detail in our FTCA/1151 forums here.

They require documented proof of  VA malpractice and documented proof that the VA malpractice caused the veteran's death. 

I found all of the documentation of VA malpractice in my dead husband's medical records and autopsy.

It started with a incorrect diagnosis and improper medication, while he was a VA employee, and ended up with his death caused by “multiple deviations” from a “usual standard of care” as the rhetoric in my 1151 DIC award stated- 

The FTCA findings were worse.

 

[Berta]

12 hours ago, jfrei said:

So I have to hope all this shit the VA trying meds don’t kill me for another 8 years so it goes quickly for my spouse correct?

Also to add- it pays to understand the meds VA precribed and to make sure they are not contra-indicated by another medication.

That was one way in which the VA killed my husband. I found that he did not even have the disability one med was prescribed for , and it contraindicated ( meaning it worked against) his HBP med, which was also wrong dosage.

I think if the Choice program ever really works, and any vet can get outside care, there will be more 1151/ FTCA claims filed.

 

 

 

 

[Buck52]

Unfortunately the VA is Bad about over prescribing medications.

There is such a thing  as being over prescribed medications & prescribe the wrong medications for a non condition.or for the wrong condition  b/c these VA Dr do not take the time to read your medical prescriptions from other VA Clinics.

Ms Berta example of her hubby.

My PCP Prescribes me medications and also my MH Clinic prescribes the same medications

So if I went by the prescription on the bottle on each prescription  I'd be over medicating my self.

I actually need to go see a Pharmacist/pharmist  to evaluate these medications.

until I do I just take the prescribe amount from my MH Clinic  because the MH Psychiatrist explains what the meds are for and how to take them as to where the PCP Don't , she just says  any questions? and sends me on my way.

I advise ALL veterans take caution to this.

Edited August 15, 2018 by Buck52