DIC info but appropriate here in main forum

[Berta]

I am putting this in the Main forum because the DIC forum does not relelly reflect how utterly incompetent the VA can be regarding survivor's claims.

I have already probably bored  everyone here with the countless errors the VA made on every claim I have had as a widow-

dont take that as a bad thing- I have bored myself with multile errors in pst decision, but I fought back as aggressively as I could, using any appropriate regulation  at all against them.

And I hate to bring those errors up but , as I state again, again ,if your spouse cannot use a computer, his or her DIC claim might be very valid but denied anyhow by the VA.

I noticed this widow had no POA but then again I think the BVA is eliminating POA info on many of these appeals, and also - another factor that bothers me they do not identify the RO where the appeal derived from, like they used to.

I used to be able to get the initials of IMO/IME doctors, whose assessment led to the award of many claims at the BVA, and Also it helped to know the VARO because then any vet here who needed that type of IMO/IME could search their state's data base of doctors and possibly find the same doctor who had already prepared a similar IMO/IME for a similar disability.

 2. The RO implemented the severance of DIC benefits prior to final notification to the Appellant.  

"Restoration of the award of Dependency and Indemnity Compensation (DIC) benefits based upon service connection for the cause of the Veteran’s death is granted.  

The severance of service connection being improper, service connection for diabetes mellitus, type II, as due to herbicide exposure, is restored, and the appeal is granted. " 

:FINDINGS OF FACT

1. The Appellant did not receive notice of the final action of severance of DIC benefits until after the severance was implemented.  

2. The RO implemented the severance of DIC benefits prior to final notification to the Appellant.  

3. It is not clear and unmistakable that the cause of the Veteran’s death was not related to service.  

4. It is not clear and unmistakable that the Veteran did not have in-country service in Vietnam and was not exposed to herbicides. " 

(Not only did the veteran have incountry service Vietnam, he also was a Blue Water Navy AO veteran.)

https://www.va.gov/vetapp20/files11/20071609.txt

(I know # 3 and # 4 above seems not to make sense but if you read the decision, you will see why BVA stated it that way)

sorry for format- PC problems due to weather

"In the December 2016 rating decision on appeal, the RO determined that there was CUE in the March 2015 rating decision and severed service connection for the cause of the Veteran’s death, effective December 1, 2016.  Notification of this severance was sent to the Appellant on January 13, 2017. " 

I am putting this in the Main forum because the DIC forum does not really reflect how utterly incompetent the VAROs can be regarding survivor's claims.
I have already probably bored  everyone here with the countless errors the VA made on every claim I have had as a widow-
don't take that as a bad thing- I have bored myself with multiple errors in past decision, as a widow ,but I fought back as aggressively as I could, using any appropriate regulation  at all against them.
And I hate to bring those errors up but , as I state again, again ,if your spouse cannot use a computer, his or her DIC claim might be very valid but denied anyhow by the VA.
I noticed this widow had no POA but then again I think the BVA is eliminating POA info on many of these appeals, and also - another factor that bothers me they do not identify the RO where the appeal derived from, like they used to.
I used to be able to get the initials of IMO/IME doctors, whose assessment led to the award of many claims at the BVA, and Also it helped to know the VARO because then any vet here who needed that type of IMO/IME could search their state's data base of doctors and possibly find the same doctor who had already prepared a similar IMO/IME for a similar disability.

"Restoration of the award of Dependency and Indemnity Compensation (DIC) benefits based upon service connection for the cause of the Veteran’s death is granted.  

The severance of service connection being improper, service connection for diabetes mellitus, type II, as due to herbicide exposure, is restored, and the appeal is granted. " 

:FINDINGS OF FACT

1. The Appellant did not receive notice of the final action of severance of DIC benefits until after the severance was implemented.  

2. The RO implemented the severance of DIC benefits prior to final notification to the Appellant.  

3. It is not clear and unmistakable that the cause of the Veteran’s death was not related to service.  

4. It is not clear and unmistakable that the Veteran did not have in-country service in Vietnam and was not exposed to herbicides. " 
Not only did the veteran have incountry service Vietnam, he also was a Blue Water Navy AO veteran.
https://www.va.gov/vetapp20/files11/20071609.txt
I know # 3 and # 4 above seems not to make sense ut if you read the decision, you will see why BVA stated it that way

"In the December 2016 rating decision on appeal, the RO determined that there was CUE in the March 2015 rating decision and severed service connection for the cause of the Veteran’s death, effective December 1, 2016.  Notification of this severance was sent to the Appellant on January 13, 2017. " 

Note # 2 BVA "2. The RO implemented the severance of DIC benefits prior to final notification to the Appellant."

It seems they sent that notification to the wrong address.

Unlike our ROs, the BVA can read. And because they are lawyers, they LOVE evidence and will read it whether the RO did or not.

Please get your spouses up to speed on the PC and make sure they have your hadit password, or know how to register under their own name/handle.

Somewhere at the DIC forum- I will bump it up- is a Read first article.

DIC and accrued benefits are not like service connection claims from veterans.

Years before the VBN banned me ( I proved cruiser had given someone completely  wrong info-so I got banned, but they kept my reply to him on line-which is a good thing )

a few VBN members  told a widow there to look here at hadit for Berta's DIC info -but the widow replied I already went to hadit and Berta asked me too many questions.

But these were the same questions that any VSO, vet rep, agent or lawyer would need to ask a survivor....if they knew what they were doing.

A widow I met years ago could not use a PC but her daughter did and they went over very carefully everything the VA sent to them and provided the evidence right away. I pulled out a hadit card as she talked, but then she said she had won her claim. ( at the same RO I deal with) so all survivors don't have problems,but we cannot determine if, in the future, your survivors might have problems. And they might not even be able to  get a Vet rep or VSO who understands DIC and accrued.

 

 

 

 

 

 

Edited February 12, 2021 by Berta