Pending Claim and DIC

[paulstrgn]

I am asking for advice for a friend. Her husband had passed away last year from prostate cancer, he was stationed at Camp Lejeune during the contaminated water dates. He filed a claim in August 2017 and passed away in late October 2017 (he was diagnosed with prostate cancer in late 2014). He had been approved for other disabilities for 40%. The claim was transferred to his wife December 2017, the claim is still pending with no expected completion date. Last week she had called eBenefits and was told it was sitting on someones desk for a signature for approval (supposedly - not holding my breath for an approval). She is currently on SS and has two small children (5 and 10). Needless to say she is barely making it from month to month. eBenefits (which I know is not reliable said it should have been completed by 4/11/2018). When she called eBenefits today the person she spoke with (she seemed annoyed that she called) said there is no expected completion date and that it was in the national que. I had her call the White House VA Hotline today and she now needs to wait another 21 business days. My first question is, is there anything else she can do to speed up the process? Depending on if it is approved should the EED be late 2014 or the filing date of 8/2017? Also she was also having to take care of him due to his weaken condition, would she have been eligible for A&A money for the two months before he passed away? 

Is she entitled to DIC? I am not sure how that works in this case.

Any and all advice will be greatly appreciated.

[broncovet]

You posted:

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My first question is, is there anything else she can do to speed up the process?

 

Probably not.  VA is super slow.  

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Depending on if it is approved should the EED be late 2014 or the filing date of 8/2017? 

 

 

The effective date is the later of "facts found" or date of claim.  There are exceptions to this, tho.  If he is a vietnam vet he may be eligible for Nehmer and that could change things, tho.  Maybe Berta can chime in here she knows about Nehmer Vets.  

As far as DIC , yes if he died of a service connected condition.    

As far as A and A, probably not.  You cant apply for benefits when you are deceased.  The would have had to apply back then.  

[paulstrgn]

Thanks Broncovet...I thought it would probably be the date he filed. I will wait and see if Berta chimes in and follow her advice.

She will need to wait then until they approve her husbands claim then before she can file for the DIC. The A&A I did not know for sure (it would only be for two months at most even if she applied). 

I always appreciate your advice Broncovet.  Have a Happy Thanksgiving!!!

[GeekySquid]

2 hours ago, paulstrgn said:

My first question is, is there anything else she can do to speed up the process?

@paulstrgn  I know everyone suggests calling the WH but along with that I would highly recommend contacting both state Senators, Kaine and Warner as well has her representative. I would also have her look at the incoming House Veterans Services Committee to find a woman/mother/co-sponsor of the house version of the Fiscal Year 2019 National Defense Authorization Act (NDAA). Kaine wrote a good deal of it putting in extra support for spouses and children and the house version had parallel inclusions.

I don't care what anyone says having your reps stand on someones desk at VA gets their attention and they don't like looking bad to members of Congress. I wish her luck and btw I don't care what her politics are, Kaine and Warner will bust butt for veterans, widows/widowers, and their kids.

[paulstrgn]

@GeekySquid I agree the WH line is not necessarily going to solve all the problems, it's just that the VA 800 number pissed me off when all I was trying to do (with her next to me) find out what was going on with her case and the VA rep was just being a pain.

I will have her contact her Senators (she lives in Maryland), I agree it does not hurt to have the more bothering the VA. I hate seeing her barely make it, as sad as it sounds she can't get WICs or food stamps because she makes too much with SS (which is not enough). 

Also, how would she go about requesting her husbands C-File? She needs to know what is in it.

[GeekySquid]

8 minutes ago, paulstrgn said:

how would she go about requesting her husbands C-File? She needs to know what is in it.

 

she would apply to the archives like everyone else. If I remember correctly the form asks if you are the vet or someone else.

sorry I just assumed Virginia because that is where your profile says you are. I would still have her include Kaine and Warner in the list of who she contacts. They are powerful members on Vets issues. Off the top of my head I don't know the Maryland reps and sens so I cannot comment on what committees they sit but if one is on Appropriations they are a great one to have batting for you. 

[GeekySquid]

1 minute ago, GeekySquid said:

 

she would apply to the archives

use this link to do it online

https://www.archives.gov/veterans/military-service-records