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.

[paulstrgn]

No worries. We went up to Maryland to pick her and the kids up for Thanksgiving.

I will have her request for the C-File through the archives. I will also have here contact both Senators in VA as well as MD. I just want to see her get the back pay plus it needs to be approved in order for her to apply for DIC.

 

[paulstrgn]

@GeekySquid thanks for the link.

Have a Happy Thanksgiving!!

[GeekySquid]

2 minutes ago, paulstrgn said:

Have a Happy Thanksgiving!! 

you're welcome and you have a great one too!

[Berta]

"She will need to wait then until they approve her husbands claim then before she can file for the DIC."

I hope no  stupid vet rep or VSO told her that-

She should have filed for DIC and accrued within that first year after he died.

She has already lost one year or more of any potential DIC if a formal 21-534 was not filed yet.

She then also needed to fill out the proper form to Substitute herself as the claimant. I hope that is what this means:

." The claim was transferred to his wife December 2017, the claim is still pending with no expected completion date" That is pretty fast for VA to move on a substitution request. But possible.

BUT did she formally file for any accrued benefits yet?

Has she received any letters from VA yet? 

It is very difficult for us to opine on claims without the actual claimant joining us here.

 

[Berta]

Also, i just went to the VA web site to double check this- Prostate cancer is not a presumptive to Camp LeJeune veterans:

The Camp Lejuene presumptives are here:

https://www.publichealth.va.gov/exposures/camp-lejeune/

If he was incountry- Vietnam- then prostate cancer could potentially be service connected.

Or, as within this case, the veteran was stationed at Camp Lejuene within the presumptive dates, had prostate cancer, and he and IMO/IMEs to overcome a VA C & P exam that denied the claim:

https://www.va.gov/vetapp15/Files4/1536556.txt

In Part:

"In December 2014, another treating physician provided an opinion. This physician opined that the Veteran's prostate cancer was at least as likely as not related to exposure to contaminated water at Camp Lejeune. The physician's rationale was that different types of cancers, including the Veteran's prostate cancer, could be caused by exposure to contaminated water such as the water at Camp Lejeune. The Board finds that both the private medical professionals and the VA examiner are competent and credible with respect to their opinions, and these opinions are supported by a detailed rationale and the evidence of record. As such, the Board assigns both the positive and negative opinions equal weight. As the positive and negative evidence is in relative equipoise, all reasonable doubt is resolved in the Veteran's favor and service connection for prostate cancer is granted. See 38 U.S.C.A. § 5107(b); 38 C.F.R. § 3.102. ORDER Service connection for prostate cancer is granted."

If he had private care for the cancer, maybe his private doctor would be wiling to prepare a strong IMO for the widow-it would need to follow the IMO criteria here at hadit.

She  needs to get a copy of his C file and all available medical records . 

Was an autopsy done- if so does she have a copy of it?

What was he service connectede for and what does the death certificate state as Prime cause of death under # 1 and what does it say under # 2 -

and where did he serve- AO was not limited to Vietnam-

Also  I assume he received SSDI thus- the SSA payment for the spouse and children- what was he on SSDI for?

Everything any one needs to know about DIC  and accrued benefits in our DIC forum-from what I see  here she might Not be eligible for accrued.

If she is eligible for DIC , they will use the date of the 21-534 DIC application for the retro.

 

 

 

Edited November 22, 2018 by Berta

[Berta]

To answer what someone suggested- this is not a AO Nehmer claim.

The claim was for Camp Lejuene contaminated water.

If he was an incountry Vietnam  veteran, the claim would have to be amended to include that fact and to claim for prostate cancer under AO regulations.

Even if his DD214 shows Vietnam in country service (by Overseas dates and the specific Vietnam awards) the VA would not take the logical step to try to adjudicate on that basis at all- in my opinion....

If VA used logic, they could make more awards.