Accrued Benefits

[free_spirit_etc]

I am thinking that I should at least get my initial DIC claim in in the near future -- so I can start the process that will take some time.

My husband had a claim pending for lung cancer at the time of his death (from lung cancer)

But it says that the DIC application is also an application for accrued benefits.

So that will take into account his lung cancer claim. If it is awared - then I would get DIC and accrued for that.

However, there were also a couple of other claims that we were going to try to process:

1. His right shoulder -- which was claimed at retirement and denied because his SMRS did not show an incident that would have caused it. (Claim based on the fact that he was in the service for 28 years - they FOUND something wrong with his shoulder -- it most likely happened in the service --as he CLAIMED it PRIOR to retirement).

2. Cervicle Strain -- he also claimed this at retirement -- but theycouldnt find much wrong (it IS in the SMRS) -- but they something at C3-4 -- but didn't think it was that bad. However , when he later filed for headaches - to see if they were related to Desert Storm as an undiagnosed illness -- the C&P report said his headaches were caused by his cervicle condition at C 3-4 --the same place that he had CLAIMED earlier. So actually, since they now found a current disability at the same site he had claimed for -- they should have granted the previous Cervicle Strain claim.

3. Sinus Condition. Though he never claimed for a sinus condition -- his SMRS were full of treatment for chronic sinus condition. His claim for headaches also included that some of his headaches were caused by his cervicle strain - and some were caused by a sinus condition - that the C&P examiner indicated has been present in the service.

We were advised in this group to go ahead with the lung cancer claim first -- and then file for the other claims - posssibly on CUE.

SO when I file the DIC claim - should I just file for the lung cancer - and bring up the other claims later? Or should I file for them ALL at the same time (on the basis of accrued benefits for the other claims).

Or since he had no pending claims for the smaller ones (right shoulder, sinus, cervicle strain) are they gone forever?

Free

[Berta]

Free -the DIC claim is dependent on the cause of death and how any SC disability contributed to that cause as listed on the death certificate.

The accrued claim-part of the 21-534- is for any benefits "based on evidence in the file at death." ( VBM page 545)

In Nov 2002 these regs were altered a little-

even if the evidence was not technically in the veteran's c file at death- still if the evidence was in VA possession at time of death- this evidence can be used for accrued benefits.

Accrued benefits due to the Bonny V Principi reg (I have claim filed on that reg)

state that the surviving spouse should be given ALL accrued benefits due the vet in their lifetime (less whatever comp the vet got)

They sent me 100% accrued less the 30% Rod got.

They failed to send accrued SMC on his Sec 1151 claim and I await decision under CUE on that.

I am not sure at all about filing these additional claims-and the DIC benefit is totally dependent on medical evidence that his SC contributed to his death.

"We were advised in this group to go ahead with the lung cancer claim first -- and then file for the other claims - posssibly on CUE."

A CUE can only be filed on a past denial- in which the appeal period lapsed-so a CUE could re-open those older claims-if they were denied containing legal errors. The legal errors would have to be stated. Duty to assist failures do not raise to level of legal error under CUE.

There is plenty of info here at hadit on CUE claims.

If they award DIC it goes back to date of his death.That service connects his death.

Then they must determine the accrued benefit-and service connect the lung cancer as it disabled him in his lifetime and then rate it.

DIC and accrued should be filed for within one year after death- CUES have no time limit. There is plenty for you to deal with already so maybe holding off on the CUEs is good idea.

Edited February 18, 2007 by Berta

[free_spirit_etc]

"If they award DIC it goes back to date of his death.That service connects his death.

Then they must determine the accrued benefit-and service connect the lung cancer as it disabled him in his lifetime and then rate it.

DIC and accrued should be filed for within one year after death- CUES have no time limit. There is plenty for you to deal with already so maybe holding off on the CUEs is good idea."

So does that mean there is no advantage to filing this month except that it will get the process started sooner? i.e. The claim doesn't go back to the date filed? -- so as long as I get it in in the next couple months -- it will end up have the same effective date?

I apologize for my ignorance -- but I didn't check into the DIC very much -- spent most of my time checking the other stuff - and hoping I wouldn't have to apply for DIC.

Thanks

Free

Free -the DIC claim is dependent on the cause of death and how any SC disability contributed to that cause as listed on the death certificate.

The accrued claim-part of the 21-534- is for any benefits "based on evidence in the file at death." ( VBM page 545)

In Nov 2002 these regs were altered a little-

even if the evidence was not technically in the veteran's c file at death- still if the evidence was in VA possession at time of death- this evidence can be used for accrued benefits.

Accrued benefits due to the Bonny V Principi reg (I have claim filed on that reg)

state that the surviving spouse should be given ALL accrued benefits due the vet in their lifetime (less whatever comp the vet got)

They sent me 100% accrued less the 30% Rod got.

They failed to send accrued SMC on his Sec 1151 claim and I await decision under CUE on that.

I am not sure at all about filing these additional claims-and the DIC benefit is totally dependent on medical evidence that his SC contributed to his death.

"We were advised in this group to go ahead with the lung cancer claim first -- and then file for the other claims - posssibly on CUE."

A CUE can only be filed on a past denial- in which the appeal period lapsed-so a CUE could re-open those older claims-if they were denied containing legal errors. The legal errors would have to be stated. Duty to assist failures do not raise to level of legal error under CUE.

There is plenty of info here at hadit on CUE claims.

If they award DIC it goes back to date of his death.That service connects his death.

Then they must determine the accrued benefit-and service connect the lung cancer as it disabled him in his lifetime and then rate it.

DIC and accrued should be filed for within one year after death- CUES have no time limit. There is plenty for you to deal with already so maybe holding off on the CUEs is good idea.

[Berta]

I suggest that you fill out and file the entire 21-534 ASAP.

The application covers potential Death pension -if DIC is denied and your income is low and the vet was Wartime- (not served in war but wartime).

SOmetimes the Pension is granted until the DIC is awarded and then I guess they deduct the pension they paid from the DIC retro.

The application covers accrued also. I suggest and this is what I did-

under remarks # 48 tell them or refer them to attached statement spelling out that you are re-opening the veteran's last claim in support of the accrued claim.

On my app I re-opened two claims Rod had-

one generated DIC retro ,the other the accrued amount.

Also I suggest you download fill out and send form 21-530 rather then wait for VA to send this form-

I recently got a call from a widow who I had sent the entire 21-534 packet too with considerable info as to how her husband's death by suicide could possibly be service connected.I sent this stuff almost two years ago only to find she never even opened the envelope. I focused on this DIC claim for 2 or 3 whole days- I knew this vet very well and could offer eye witness testimony for her claim.

She never even sent in the form and now "needs money from the Army".

She lost the date of death as the earliest effective date for any potential DIC-

She lost any rights to accrued benefits.

She doesnt even have an EED because she doesnt even have a claim.

I sent her to a vet org.I cant help her anymore.

We had a widow here at hadit claiming an EED of decades before the date VA gave her for DIC-

She did not apply for DIC within one year after death. She applied many years after death. Her DIC date was retro to the date she filed the claim (the DIC claim)

It will take medical evidence that the condition that caused his death should be service connected.

Then VA will award DIC and somehow determine an accrued amount.

They accrued 100% in my accrued based on two years (there was an accrued limit of 2 years in those days) of probative medical evidence that showed the veteran was 100% P & T SC due to PTSD for 3 years prior to death but the VA stated in the award letter correctly -that the regs allowed only the 2 year award.

My DIC was awarded under Section 1151 -much different then yours -My present claim is for direct death due to service (AO)in rating board now-

I had to prove the Sec 1151 award and also the accrued award with medical evidence.

Edited February 19, 2007 by Berta