Really?

[Holllie Greene]

I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

Can a fellow Veteran shed a light on this?

Thank you.

Edited May 9, 2018 by Holllie Greene
changed R to P

[Berta]

As long as the rating is Total, and continuous , a veteran's death makes that rating "total" as Permanent....because it lasted their lifetime. ( The director of my RO tried to convince me by phone two or three times that this did not apply to my husband...because they refused to read about 10 pieces of evidence, one from a former VA Sec, Voc Rehab, AO Settlement fund, SSA, STudent loan waiver signed by VA doctor etc etc. as to his 1151 stroke.  It all says hi9s 1151 stroke was Permanent and total in his lifetime , and obviously when he died.

It contributed to his death due to malpractice and the director could provide to me no proof at all that somehow VA had cured him of catastrophic brian trauma right before he died.

I am preparing the best CUE I ever wrote on that sityuation-!!!!!! SUCH fUN---but again I recommend vets get their spouses up to speed on the internet- and come here for DIC help-because they (VA)can and will try everything they can think of to make some  Surviving spouse claims fail. If nt the VA some dumb vet rep will  probably screw it all up.

Also dont forget about the REPS benefit if it is applicable to any DIC claim- plenty of info here under search on that- (My former vet reps, DAV and NY State didnt know what that was) and it involved about or a little over 20,000 to me- in addition to the other DIC stuff.

Common law spouses in common law states are often eligible surviving spouses - but that exact info is searchable here. Marriage must be at least a year prior to death.

Same sex marriages in any state they are legal in have the same DIC provisions as well. That too is searchable info here. Carlie's wife ( we still miss Carlie) could not get DIC because their marriage was only a few months old whe she died.

Also if your  spouse gets Chapter 35 under  your 100% SC P & T award, your death ,if service connected, should grant another Chapter 35 award with a better delimiting date.

Also Chapter 35 can be reimbursed in certain cases.

Been there done that on both above situations. all explained here under a search.

Asknod is correct to bring up what is or isnt a legal marriage.

I have been pulled into some situations both here  at hadit and locally ,over the years, whereby a "widow" asking me to help with DIC, was not a legal widow of the veteran at all.

Funny how they didnt tell me that right off the bat, after I started working on their claim,......so I am glad he brought that up. 

Deathbed  marriages dont work either.

 

 

 

 

Edited May 10, 2018 by Berta

[FormerMember]

When you are declared P&T, VA announces this as eligibility for Chapter 35 DEA benefits. They do not say "Miz Hollie you are now 100% P&T" in their rating decision.  In VA parlance, there is no such thing as  "P&T". And Boy howdy, if you're getting TDIU and decide to take a job under the table thinking somehow that SSA won't find out about it, think again. If you get caught working while on IU, you will quickly discover P&T is most definitely not permanent and total.

I've had folks I helped get hauled in at 19 years and 4 months for a c&p to determine if their _________ got better. In VAland, we all know you are Boston Marathon material just waiting for the starter's gun-even if you're DIW. Unless you are 100% schedular for condition X and have been for over 20 years, never assume you are "p&t". 

Berta actually has far more good info than I on post p&t info. Think of me as Perry Mason. My job is to get you across the finish line with a win. I don't delve into post-decisional details because my caseload is enormous now. So many Vets... so little time.

Edited May 10, 2018 by asknod

[Berta]

Perry- uh I mean Alex-great job description!

When people ask me what I do here- and if they would not understand VAOLA lingo- I just tell them I try to move money----all of us advocates here try to do that-

move money -out of  US Treasury coffers into the checking accounts of disabled veterans.

It can take years sometimes but that sort is is basically what we all try to do.

Cripes those GS RO people act like compensation is coming from their salary---

I think they forget the Mission statement of the VA.

 

[Berta]

Thank you Hollie-

I would not have the knowledge I have except the VA screwed up every single claim I had, and even my veteran daughter's one and only DEA claim ( which Mommy fixed in a heartbeat and that only took three weeks.

My husband had no problem at all getting 30% SC PTSD  1983. But that went fast because the head of Newark Psyche dept VA, wrote a buddy statement immediately for him ( he was incountry as a psyche treating Marines who had done a horrific "volunteer" job in Vietnam and managed to get that specific stressor out of my husband who was waiting at the VA to be arrested. (long story there he he) No arrest, they filed his claim the same day and told him he had PTSD. Whe he asked what it was they told him to go to a Vet Centerr- he thought he was the only Vietnam vet who came back "crazy" (his words) .

Va started to screw around with his 2 claims,pending when he died. I inherited that stuff and their attempts failed.

One beautiful October day 23 years ago, which seemed like a normal day, he asked me to promise to continue to help vets and to go after the VA if they killed him---( he meant his pending 1151 claim)I said Honey I will do those things of course but the VA isn't going to kill anyone.....this was a few hours before he died, no  warning at all ( diabetic pN) Sudden death syndrome..... I went into the barn yesterday and still seem to see him collapse there. FTCA settlement 1997 ( they did kill him)

I also went to a Military school and graduated with Honors 2007 ( America Military University) because I needed to learn all the nuances of tactical warfare maneuvers - and battlefield command, and it sure has helped me here and personally to fight the VA's War of the Words.

( I was their only civilian and only Chap 35er at that point-VA paid for the whole 9 yards  )and AMU  accepted  my prior college transcripts to them.

( I was Phi Theta Kappa)

If the VA had not given my husband, our daughter and me as his survivor , so many problems, I would definitely not have the knowldge to be here.  God rectifies bad events with Goodness and Wisdom

Edited May 11, 2018 by Berta

[Victor Ray]

On 5/9/2018 at 6:34 PM, Tbird said:

yeah, that is why an autopsy is key to connecting the veterans death to their service connected disability. 

Here's the info from VA

Dependency and Indemnity Compensation

Source: https://benefits.va.gov/COMPENSATION/types-dependency_and_indemnity.asp

Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.

The surviving spouse was:

• Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
• Validly married the Veteran before January 1, 1957, OR
• Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated, OR
• Was married to the Veteran for at least one year, OR
• Had a child with the Veteran, AND
• Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND
• Is not currently remarried

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

Eligibility (Surviving Child)

• Not included on the surviving spouse's DIC, AND
• Unmarried, AND
• Under age 18, or between the ages of 18 and 23 and attending school.

Note: A child adopted out of the Veteran’s family may be eligible for DIC if all other eligibility criteria are met.

Evidence Required

Listed below are the evidence requirements for this benefit:

• The Servicemember died while on active duty, active duty for training, or inactive duty training, OR
• The Veteran died from an injury or disease deemed to be related to military service, OR
• The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
  • For at least 10 years immediately before death, OR
  • Since the Veteran's release from active duty and for at least five years immediately preceding death, OR
  • For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999

How to Apply

• Complete VA Form 21P-534ez, "Application for Dependency and Indemnity Compensation, Death Pension and/or Accrued Benefits by a Surviving Spouse or Child and mail to the Pension Management Center that serves your state, OR
• Work with an accredited representative or agent OR
• Go to a VA regional office and have a VA employee assist you. You can find your regional office on our Facility Locator page OR
• If the death was in service, your Military Casualty Assistance Officer will assist you in completing VA Form 21P-534a, " Application for Dependency and Indemnity Compensation, Death Pension and/or Accrued Benefits by a Surviving Spouse or Child" and mail to the Philadelphia Regional Office

For more information on how to apply and for tips on making sure your claim is ready to be processed by VA, visit our How to Apply page.

I have a similar question to Greene’s. 

In my case, the VA, DoD, or in that family has my medical records locked away for 47 years now and 30 FOIA Requests have been a joke and meaningless. I finally got some records just by asking, but not for the following six months after my medivac’d return from Vietnam with a P3 Permanent Profile for permanent damage acquired in RVN. I carry a P3 for permanent defects in my physical capacity and stamina and denied all service connection til recently, and am at 90% now, with 70% being PTSD. ANOTHER WAY of denying spouse benefits if the vets commit suicide. 

By the time I get 100%, there is no way I will live another 8 or 10 years, but I should have been 100% since 1971. The VA has lied, cheated, manipulated documents, openly deceived me all in order to screw my dependents. I guess the only recourse is the courts, but I feel that they too will sell you out like VSOs do. VSOs are government employees and you will never convince me otherwise. I have watched them for years, and they are the VA.

victor ray

[Holllie Greene]

Hi Tbird, Asknod, and Oceanbound,

I hit the trifecta tonight with you all.  Thank you for the information.

I consider this excellent information an early 25th Anniversary gift.  25 years next week.

...the rep from the VARO confirmed I have had the chapter 35 DEA benefits for over 10 years.

Again, thank you for your time and effort, I appreciate it very much. 

H