Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Help for Father-in-Law

Rate this question


texasvet

Question

 

Hello All,

My 91-year-old father-in-law is getting weaker by the day with all kinds of medical problems from COPD to bladder cancer to just being old.

I’m pretty certain that he told me years ago that he is 40% compensated for hearing loss due to his 20+ year career spent as a jet engine mechanic in the Air Force. 

His 81-year-old wife, that he’s been married to for 60+ years, is in the middle stages of Alzheimer’s and I’m going to make an effort to see if I can get him to sit down with me and go over his VA benefits and his finances and see if he has a will with an executor assigned.

I’ve got a number of questions and I’m sure more will come up as the months pass by. 

Here goes:

1.  Since he has Tri-Care how are his wife’s health benefits affected when he passes?

2.  Will Tri-Care pay any benefits if she moves into a 24/7 Alzheimer’s care facility.  

3. Will Tri-Care pay for any Alzheimer care facility costs?

4. She gets a few hundred dollars a month from Social Security and since her husband gets a bigger Social Security check, will she be entitled to part of it?

5. Will her or his Social Security pay any additional for Alzheimer’s care?

6. Since he has had his VA rating for over 10 years, will she be able to collect any DIC monthly benefit when he dies?

7. At this point, I don’t know if either one of them has Medicare insurance.  If they do, does that help or if they don’t, does that help?

Again, I’m going to try and meet with him in the next month or so and start formulating a game plan because when I saw him a few days ago, he told me he did not know what was going to happen to his wife should he die first.  

I’d like to get some thing in the works to ease his mind. He has enough to worry about.

Thanks,

Texasvet

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Lead Moderator

VA benenefits/health insurance/ and social security is "just one" of many issues that should be discussed for estate planning.  They are important, but other issues may be just as important.  

I agree with the others that "hearing loss" is "unlikely" to cause death, but it is possible.  There are 2 basic ways of getting DIC:

1.  The Veteran can die of a Service connected conditon.  Again, this is unlikely "if" his only sc condition is hearing loss.  But you may ask him that.  Better, however, is to ask him "where are your VA papers", (he may know that) and read it.  This is far more reliable than asking a 90 something year old to know/remember SC conditions.  

2.  His spouse can get DIC also if he dies "for any reason" IF he dies 10 years or more after he is rated 100 percent P and T.  

As of now, based on your post, she wont qualify for DIC, but we cant be sure of the real deal until/unless we read it.  

     He probably needs to sit down with a (QUALIFIED) ESTATE PLANNER, PERHAPS ALSO WITH YOU.  

     He may be (more willing) to do this if you ask him a simple question:

     

Quote

Mr. Jones, are you interested in seeing to it that your family is provided for, in the event of your death, or are you ok with uncle sam and the lawyers getting most of it?  

If he responds, "Yes, I want to provide for my family", then I suggest you do your homework and pre screen an estate planner to sit down and discuss these issues with him.  Then you can respond:

Quote

Good.  I thought you may say that.  (Since you just went through that), you know a good estate planner who is willing to discuss with you how to maximize your family benefits, while minimizing taxes and lawyer fees.  He said he could come by next week.  Is monday good for you or do you have doctor appointments then?  

 

Link to comment
Share on other sites

  • 0

Hi All,

my wife just told me that her 91 year old father was indeed stationed in Korea for a year.  
 

Are there any presumptive diseases that are associated with time served in Korea?

 

As I said my OP, my father-in-law has bladder cancer & COPD.  

Thanks,

Texasvet

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

What branch of service, when was he in country, did he serve in DMZ,what was his MOS? What does he have for medical disabilities?

Link to comment
Share on other sites

  • 0

"Veterans who served in a unit in or near the Korean demilitarized zone (DMZ) anytime between September 1, 1967 and August 31, 1971 are presumed to have been exposed to herbicides. These Veterans do not have to show they were exposed to Agent Orange to be eligible for disability compensation for these diseases.

 
VA and the Department of Defense must determine that the Veteran’s unit operated in the DMZ area and the Veteran was physically there."
 
 
"DoD and VA have recognized the following units as eligible for the presumption of herbicide exposure:
  • Combat Brigade of the 2nd Infantry Division. 1st Battalion, 38th Infantry. ...
  • Division Reaction Force. 4th Squadron, 7th Cavalry, Counter Agent Company.
  • 3rd Brigade of the 7th Infantry Division. ...
  • Other Qualifying Assignments."
Apr 25, 2019
 
These are the three new presumptives:
 
"Senate Approves New Agent Orange PresumptiveDiseases, Tees Up House Showdown. The Senate overwhelmingly approved an addition to its defense policy bill to expand the Department of Veterans Affairs' list of diseases considered related to exposure to Agent Orange, adding bladder cancer, hypothyroidism and Parkinsonism."

gent Orange Exposure in Korea | CCK Law

"
 
Did he serve in Vietnam or Thailand as well? Vets have proven their exposure to AO in many places to include CONUS.
His DD214 would reveal ,hopefuly, when and where he served.
His Retiree records would also help.
 
And at some point the SBP program came into play , whereby a retiree could allot money from their military retirement check, to establish an annuity for their spouse when they passed away.
It would be great if he could start talking about his service because I am sure he has Adult children as well as grandchildren who should know all about his service and sacrifice to our nation.
 
I also hope he would let you have a copy of his DD 214 so that you can file a DD 149 ( form link is here at hadit) to make sure all of his citations, decorations are on it.
 
Also I think TRICARE could help -I will try to find out more on that-
 
COPD is not presumptive to AO- did he ever work around asbestos in the Military?
COPD claims can become very difficult to succeed in.
Bladder Cancer however is a new AO presumptive.
 
 
 
 
 
 
These are the AO presumptives:
 
 
This list however does not include the most recent presumptives:

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use