My Husband Died. Now What?

[free_spirit_etc]

My husband died February 5th. He had a claim for service connection for lung cancer pending at the RO. I am thinking that they close the claim -- and I have to file a seperate claim for his claim (as it stood) to be granted for back pay. And that I need to file for DIC even though his claim has not been approved yet. I am assuming we lost the ability to apply for the life insurance that would have been availbale to him had they approved his claim before he died.

I am not really at a place where I can research all of this yet. But looking for some words of wisdom.

Free

[Pete53]

Dear Free Spirit:

First if all I am sorry for your loss.

I am also sorry that you and your husband had to go through this will little or no help from the VA. I am no expert on this but I think that if your husband served in Viet Nam than you will get DIC.

If there is anything I can do please let me know.

Pete

[Dorothy Kansas]

Free Spirit,

I offer you my deepest condolences on your loss and extend my prayers to you and your family.

[Josephine]

Free Spirit,

I am so sorry to hear of your husbands passing. I sure wish that things could have been settled for you and him.

I was thinking about you just a couple of days ago.

I know how deserving he was of his claim.

If I can do anything, please feel free to let me know.

Always,

Josephine

[Berta]

This is very sad news-

I hope you had an autopsy done.

Often autopsy results are critical to actual cause of death.

The 21-534 DIC form can be printed off from the VA web site- obver 20 pages hwever- the VA at 1-800-827-1000 can send you the form and also a vet rep can provide the form and help you with it.

Every section has to be filled out -

State on the form that you are re-opening you husband's pending claim and are claiming service connected death.

I recall I not only stated this on the 21-534 but filed a formal claim separately too-as Rod had two claims pending when he died and I attached this re-open to the 21-534 to make sure they understood this because my NSO (DAV) told me I had no basis for these claims.(Of course he was wrong)

If he was an Agent Orange vet and his death was cause by or contributed to by a service connected disability on the presumptive list they will award DIC.

Any death that can be associated to service be medical evidence can be service connected-if the SC disability caused or contributed to the death.

The wording of the Death Certificate is what VA always goes by-unless an autopsy is more detailed as to explaining the cause of death.

Death certificates- I had to get 10 or 12-

there are probably many things you will need them for-

and in each case it had to be a certified copy of the original-

This is a very sad time I know- but the sooner you get the 21-534 paperwork done- they need marriage license, etc- the form instructions state what they need, then it will be done and off your mind.

Still- you will have to prove to VA that he was entitled to compensation in order to claim accrued benefits, with medical evidence and , unless he had presumptive AO lung cancer as cause of death, then this too will need medical evidence of nexus to service.

The VA has denied widow's claims for lung cancer from AO because they found a stronger etiology than AO for it.

But they have awarded claims like this too- it all depends on what type of cancer he had and that nothing else could have caused it.

I am very sorry for your loss.

Edited February 11, 2007 by Berta

[free_spirit_etc]

Thank you for your replies. Berta - I did not have an autopsy done. The nurse told me they would just look at his heart and lungs and read the last few days of doctors notes to do an autopsy.

The cause of death is listed as Metastatic Lung Cancer (Which is what he was seeking service connection for). The approximate interval between onset and death is listed as 8 years. If they do go by that -- 8 years puts his onset to e few months after he retired (Feb 1999 is 8 years -- He retired in October 1998). So that would set it firmly in his presumptive period.

Of course, that is probably like everything else. If it shows to his favor they might not accept it. But if the doctor had said 5 years - they would chisel it in stone.

Do you know if any past due benefits are payable to the estate or to the widow? Hopefully they would be payable to the widow. I could not even imagine tying up an estate for the length of time it takes the VA to move.

Also - I have some other evidence to send in -- but we never got around to it because I was too busy taking care of him the last couple of months. Yeah. For some reason taking care of him was more important than trying to assure I got enough money if he died.

I think the retro case has to be decided on what was in the file when he died. But I think I can submit the new evidence for the DIC.

Also - do they have a time frame for how long you have to be married to collect DIC. We were married 10 months and 3 days.

Once again -- I thank everyone for your kind replies. I miss him terribly. It is hard to lose your husband -- but harder to lose your best friend. Yet, I am thankful for every moment that we had together.

Free

[chief 313]

free spirt, i am sorry for your loss. my god bless you and your family. best regards chief 313