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DIC for Drug Overdose



My ex-husband and the father of my children recently died from a overdose. He was 50%, but applied for 100% disability 4 months before his death. He went to VA's rehab 1 time and then went to Rehab/PTSD in South Dakota for 12-weeks and again 1 year later. He was signed up for PTSD clinic to start 8 days before his death. This doesn't include the ongoing counseling he was receiving through the VA.  Is it worth filing a DIC claim on their behalf? I am fighting social security and don't know if I want to add fighting the VA if it is a lost cause. 

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Posted (edited)

A DIC claim ,filed within one year of a veteran's death, should pay the children's DIC back to the month of date of death.

It used to be difficult to get that month of death payment-but the decision- when it comes will explain if they used that date , and explain if they didn't.

Also he had a claim pending at death- did you have a vet rep handling this and if so did they advise you to file for accrued on behalf of your children?

"Pursuant to 38 U.S.C. § 5121(a), periodic monetary benefits which are due and unpaid, will, upon the death of the individual entitled to those benefits, be paid as follows: (1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary. (2) Upon the death of a veteran, to the living person first listed below: (A) The veteran’s spouse. (B) The veteran’s children (in equal shares) (C) The veteran’s dependent parents (in equal shares)."

You will have to file a Substitution form 


On behalf of his children.

Then you also will have to prove the claim he had pending at death.

We have a lot of  info here on accrued claims,under a search.

You seem to have a lot of his records.

I filed an accrued claim after my husband died,  and he had 2 claims pending at death-

His SC rating at death was only 30% PTSD, but they granted accrued for PTSD at 100% P & T and also they granted the Section 1151 claim he had pending.

Accrued benefits depend on evidence in VA's possession at time of death.

You will need his C file, and all medical records, which I assume you have due to the very fast award of DIC.

But do not hesitate to file for substitution for his children with the above form. The VA will acknowledge th claim and tell you what evidence you need, must it must be in VA's possession- no matter what part of VA it is in.

One piece of my evidence as a letter from a former VA Secretary, not in the C file but in VA's possession,at VA Central, during my husband's lifetime.

They denied at first by refusing to obtain his SSA award, and his Psychiatric records, but I went over to the VA and caught his PTSD doctor in his office and he wrote a letter to VA with copies of those records, to VA and gave me a copy- and stated to the RO that the VA should have had those records already because hehad sent them in before my husband died.He also verified I had shown him my husband's SSDI award solely for PTSD.

The decision and the accrued check came very fast after that.





Did he specific 100% on his claim for higher rating?

Did he file  a TDIU claim ( 21-8940 form)?

Did he receive SSDI for his PTSD?





Edited by Berta

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