Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

DIC for Drug Overdose


Melissakay85

Question

Hello, 

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. 

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

This is a DIC award for  acute overdose toxicity:

       “FINDINGS OF FACT 1.  The Veteran died in October 2009 and the cause of death was acute oxycodone toxicity.  2.  The Veteran's death, which was caused by acute oxycodone toxicity, was a consequence of VA treatment of the Veteran's PTSD specifically due to carelessness, negligence, lack of proper skill, error in judgement or similar instance on the fault of the VA.  
CONCLUSION OF LAW The criteria for service connection for the cause of the Veteran's death under 38 U.S.C.A. § 1151 have been met.  38 U.S.C.A. §§ 1151 (West 2014); 38 C.F.R. §§ 3.102, 3.361 (2016).” https://www.va.gov/vetapp17/files1/1704728.txt

The issue of suicide was discussed....you would have to read the entire link.

We had a widow here whose husband. she proved committed suicide, due to VA medications.

It is a complex issue and ,in any event a claim should be filed.

 

Link to comment
Share on other sites

  • 0

That is wonderful news! And it went far faster than most DIC claims do.

I hope you have a great Mother's Day!

I also hope you can receive SSA benefits for the children.

Link to comment
Share on other sites

  • 0

Sorry, last question. Does the DIC backpay? Yesterday when I called all she could tell me is the claim was closed and I will be getting a packet (I assume I will now.have to call another number). I received payment this morning, but not backpay

Link to comment
Share on other sites

  • 0

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 

https://www.va.gov/vaforms/form_detail.asp?FormNo=21P-0847

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
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use