Benefits for spouse of deceased Marine

[micmarine]

Recently conducted a funeral for a Marine with 6 tours in combat who died during a dog fight with his service dog. Hard to imagine eh? Even though I am a volunteer VSO I thought I would double check here to see if I am correct is telling his wife that his claim upgrade from 70% to 100% for which a C&P exam was scheduled  for July 28th. will most likely be granted posthumously.Please advise, as it will determine how much she has in benefits. Thank you. Mike Brewer/ USMC/ 909-589-0903

[ShrekTheTank]

from what I understand of this yes, and if they try and get out paying her there are a lot of vets here who will help win that fight!.  We are all more than happy to help her fight this battle as she deserves everything she can get!

I am sorry for the loss.  

[vetquest]

I hate to say this but she will likely be denied.  That is not the end of your fight though.  I would take this to the BVA and CVA if necessary.  The time and effort can be disheartening but do not quit on your first denial.  If they deny they have to give a reason and basis.  You use this to prove why they are wrong and go to the supplemental claim process to include new and relevant information.  If that does not work go to the BVA once again with the information provided and poke holes in it.

If she is denied please redact and post her denial here and people will assist you.

[Berta]

"Even though I am a volunteer VSO I thought I would double check here to see if I am correct is telling his wife that his claim upgrade from 70% to 100% for which a C&P exam was scheduled  for July 28th. will most likely be granted posthumously".

She will have to file the form in this link, to substitute herself as the claimant for any accrued benefits.:

https://cck-law.com/blog/substitution-and-va-benefits-how-to-substitute-and-who-qualifies/

Since this death does not involve Agent Orange, she needs to file this form within the first year after the veteran's death.

That type of death is highly unusual. DIC depends on what the death certificate states, as primary cause of death and as any contributing factors to death.

Was an autopsy done?

If she can join us here , it would be great.

If a survivor is not PC literate, it is unlikely they will get positive representation-in my opinion.

I am a widow due to VA malpractice and also due to two AO disabilities that contributed to my husband's death.

I also received accrued benefits and they are presently doing an audit because they didn't pay me what the regulations say I should have received.

She needs to join us here now, or give you permission to post a copy of the death certificate and autopsy, with C file #, name, address redacted.

There is a full DIC forum here that also covers accrued claims.

What was he service connected for and was he also receiving SSDI for the same disability?

Did Voc Rehab ever turn him down solely due to his SCs?

Does she have his complete VA medical records and copies of any private records?

I wonder if he was overmedicated, or taking something contraindicated by something else- with 6 tours I assume he had PTSD but we don't know. Meds might have caused him to become enraged enough to have  a fight with his service dog.

We really dont have the facts.

Accrued benefits are based on documented medical information in the VA record, at time of death.

 

 

[Buck52]

This is a first for me that I ever heard of a Veterans service dog caused his death?

if this Veteran never had the C&P That was scheduled   then just my opinion they may just go by what and how long he was Service connected  if it was for 10 years or more and  they use the standard rules she should be entitled to DIC....it will be a ''dog fight'

 

[Berta]

Buck it is not the most unusual case I have seen. Years ago (2002-2003 ) a spouse was serving time for shooting her husband to death. She got out of prison and the VA awarded her DIC, because the husband's PTSD had made him so violent, he would have killed her, but she killed him, in self defense....

There is more to this situation here than we know.

The link I gave did not clearly explain the new forms for DIC and accrued:

I attached a pdf of what I recently got, as to my issues that have been pending for over a year with my RO but this gets me into a better RO I think- my RO cant read.

I only need to file the accrued form.If VA resolves my audit (which they are working on) I will not even need to re-file the accrued CUE claim.

This whole process for DIC and accrued has changed.

New DIC and Accrued forms.pdf

Edited August 2, 2019 by Berta