DIC eligibility

[broncovet]

DIC is Dependents Indemnity Compensation.  When a Service Connected Vet dies, his spouse "may" be eligible for compensation, but the Veterans SC compensation will stop. 

Here are the Eligibility rules, according to VA website:

https://www.va.gov/disability/dependency-indemnity-compensation/#am-i-eligible-for-va-dic-as-a-

In English, to be eligible for DIC your spouse needed to die of a SC condition OR from ANY condition if he is P and T for 10 years.  

But, read the rules to make sure it applies to you.

The compensation rates vary according to dependents and other factors, but it should be at least $1357 per month if awarded.  

https://www.va.gov/disability/survivor-dic-rates/

 

 

[Berta]

This is why I advise vets here to get their spouses up to speed on a PC so that they can come here to get DIC help ,if the veteran dies

This widow obviously had a Nehmer Agent Orange claim.

I had a so-called vet org years ago that had never heard of Nehmer. 

Vet reps etc don't usually like to get DIC claims- they are more involved in most case, than many claims from veterans, and they have their own specific regulations.

I found out not long ago that a DIC advocate was giving widows the wrong info.

She was telling widows whose vet spouses had been 100% P & T for 10 years to also try to prove their death was directly due to service.

I asked her when that regulation was generated.........there is no regulation like that requiring

proof of an SC death when the veteran has had continuous 100% for ten years or more.

If, by giving out this advice, to a widow who does not fall under Nehmer, it might take a widow years to prove direct SC death, and in that case, the widow's EED will not be date of death but date of the claim,if the 100% P & T ten year claim was not filed within one year after death, because she told th widow to wait until direct SC death could be proven.

After I sent the widow the DIC regulations , I never heard from her again. I hope she didnt get sued.

 

 

 

 

 

e

[Marine Corp 69/70]

broncovet-My friend a BROTHER Marine had agent orange chronic B-cell leukemia he died of pancreatic cancer ten day short of ten years P&T. His wife went to a lot of VSO for help and they all said she’s was out of Luck, she’s went back to the Urologist and he wrote that the leukemia was the caused of his pancreatic cancer within two months she got DIC. There is more way to skin a cat, then what the VA says.!!!

 

 

 

[Berta]

To add to the link above- the VA  always "forgets" at their web site to advise on another way to get DIC-

under 38 USC, Section 1151.

My initial DIC was under 1151, as I had proved that the VA caused my USMC husband's death.

We have a full 1151 and FTCA forum here.

Section 1151 claims from vets or their survivors involve:

1.Documented proof of malpractice from the veteran's VA medical records and

2. documented proof that this malpractice caused either additional disability, or caused the veteran's death ( or both)

I received no real help from a former vet rep I had on this claim-

and could not find any lawyer who would help me with my FTCA wrongful death case-and could not find any IMO doctor,  so I did it all myself-and I won.  Long ago

Things are different these days-malpractice lawyers can advertise on the internet now and many handle VA FTCA cases, and also IMO/IME doctors can be found on the net.

 

 

 

Edited March 23, 2021 by Berta
added more.

[DonH]

Hello Berta, I haven't posted in awhile. Now, about Nehmer Agent Orange Widow: This widow obviously had a Nehmer Agent Orange claim? How does one determine a Nehmer Agent Orange Claim to warrant DIC even if your veteran husband wasn't 100% disabled for 10 years?

Our Agent told me the same thing. Our Agent told me that if my husband passed away before I did, and I became widowed prior to his being 100% for 10 years, I would not get DIC. My husband has been 100% since 2015 (Prostate Cancer). How does  a widow know whether she has a Nehmer AO Claim? 

Our Agent is someone we have known for years through my husband's family so I have to tread water, carefully. Even though there are some scenarios I have not always viewed likewise; especially, regarding an appeal scenario. I realize I'm just the wife so I don't want to seem/be too pushy and buttinsky. And, Lord forbid, I certainly don't want to cause any hard feelings. My husband doesn't want to rock the boat. So I'm kinda stuck in the middle with no paddle. If only I could call someone myself to have them look at the Bum-rushed shenanigans enacted by BVA and the office in Wisconsin by the manner both entities sidelined new evidence submitted prior to the 30 days deadline/even though BVA made a rushed decision prior to the 30 day deadline. We still mailed our new evidence via certified mail (Expert Medical Opinions *2 IMO's (Dr. Bash and an Associate of Dr. Bash) to Washington DC. Mysteriously, however, our new evidence was sidetracked to Wisconsin(???). The return Green Card exhibited it was signed by intake in Wisconsin. I thought that so eerily odd because I wrote the Washington DC address on our envelope containing new evidence. We faxed. And, if memory serves correctly, we emailed to an email address Dr. Bash gave us. It feels conspiratorial like we've been tricked into losing.

I'm getting too worked up and getting off track.....I do want to know more about the Nehmer AO Claim. Included within the Appeal was the challenge of VA's denial in 2011 of my husband's colon cancer as AO related as being presumptive. Dr. Bash provided an IMO rebuttal to VA's denial of Colon Cancer as being AO presumptive in 2011/new evidence that got diverted to Wisconsin....never heard back from them. The Other IMO had to do with Psychologist's medical opinion about our son's condition being AO related through my husband. Even after our family doctor wrote his medical opinion prior to the IMO.....In fact on the Remand back to Regional/local-Houston, BVA had previously requested a medical opinion from our family doctor. Our family doctor who has known all our children since they were little children. Yet, our family doctor's opinion still wasn't good enough for the Region/local nor BVA after requesting it in the first place.  IMO/new evidence that got diverted to Wisconsin..... Once our new evidence certified mailed with return green card to Washington, DC was magically diverted to Wisconsin. We never heard back from them. So, then, I'm definitely needing to understand what exactly is a Nehmer AO Claim?

 

Edited April 5, 2021 by DonH

[Berta]

 

Your "agent" should have told you the 4 ways to obtain DIC.

 

If you feel the prostate claim was not handled properly by the agent and if they are a VA "accredited agent", you can and should file a complaint against them with the OGC.

The OGC has had many complaints against accredited agents.

 

I say "should" because some agents are very deficient in many types of claims they hold POA for. That deficiency hurts veterans as well as their survivors.

 

The complaint info is in this link. 

 

 

https://www.va.gov/ogc/accreditation.asp

 

I had to file my complaint against a VA accredited agent , via email with pdfs, it was extensive,  due to the Covid situation- they could not accept snail mail and are still working vitually, as far as I know. 

 

That agent did not hold my POA but misrepresented himself as having a "VA law firm": to intimidate a female veteran with 20 years of Honorable service, as one brief documented part of my complaints. (I filed 3 with evidence)

 

This includes 3 ways to obtain DIC :

https://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

 

VA "forgot" to put the 4th way.

 

If the VA causes or contributes to the death of a veteran by negligent care ( malpractice) they will award DIC if the survivors proves the malpractice occurred and contributed to the veteran's death.

 

I have had 3 1151 malpractice death awards (FTCA) and ( DIC under 1151) and also I receive DIC under direct SC death.

 

I will be busy all week , maybe sporadically here, and others can certainly help you .

 

I assume your husband  fell under Nehmer...but I would have to read all of your past posts.

We have lots of DIC info on Nehmer available her under a search, and by now many here can help you. There are also new forms for survivors, but I hope he lasts a LONG time.

Also we have 1151 info and FTCA info as well in those forums here.

 

 

 

[Berta]

I thought your husband had an ALS varient-

https://community.hadit.com/topic/70082-monomelic-amyotrophy/page/13/

http://web.alsa.org/site/PageServer?pagename=va_provides_benefits

The VA service connects ALS in veterans- regardless of when and where they served.

The minimum rating is 100% VA compensation.

"VA Provides Benefits to Veterans with ALS and Families

Military veterans, regardless of the branch of service, the era in which they served, or whether they served during a time of peace or a time of war, are at a greater risk of dying from ALS than if they had not served in the military.  For reasons as yet unknown, veterans are, in fact, twice as likely to be diagnosed with ALS as the general population.

In 2008, the Department of Veterans Affairs (VA) implemented regulations to establish a presumption of service connection for ALS, thanks to the efforts of The ALS Association, key members of Congress, and advocates.  Under the regulations, the VA presumes that ALS was incurred or aggravated by a veteran’s service in the military.  As a result, veterans with ALS and their families and survivors are eligible for “service connected” benefits.

Anyone who served at least 90 days of continuous active duty in the U.S. military may qualify for VA benefits.  Survivors of veterans may be eligible for benefits, including monthly compensation, regardless of when their loved one was lost to the disease.

Qualifying veterans with ALS are entitled to receive VA disability compensation, which is a monetary benefit paid to veterans who are disabled by an injury or disease that was incurred or aggravated during active military service.  Disability compensation is paid monthly and varies with the degree of disability and the number of veteran’s dependents. Veterans with ALS may be eligible for additional special monthly compensation.  There is a minimum 100 percent disability rating for veterans diagnosed with ALS.  These benefits are not subject to federal or state income tax.  Tables listing current compensation levels are available at: http://www.vba.va.gov/bln/21/Rates/.

The VA offers a full range of health care benefits, including prescriptions, medical supplies, prosthetic items, and home improvement and structural alteration grants to pay the cost to make the home more accessible.

In addition, there are a variety of other benefits available to veterans, spouses, and children.  Some benefits are available even if the veteran with ALS has passed away, such as dependency and indemnity compensation, which is a monthly payment to eligible survivors.  Other veteran and family benefits include, insurance benefits for dependents, special adaptive housing grants, automobile grants, adaptive equipment, and aide and attendance allowance to pay for care providers.

The ALS Association encourages veterans, family members and/or survivors to learn about the VA benefits and to take advantage of these resources as appropriate.  An overview of veterans’ benefits is available at http://www.va.gov/opa/publications/benefits_book.asp, and The ALS Association has created a special web page with a wealth of information.

Visit The ALS Association’s Wall of Honor to see and read the stories of courage about military veterans with ALS. If you would like to advocate for veterans with ALS, become an ALS Advocate."

Source - above link-

How did the agent handle that -they might have really messed up his ability to actually get a proper VA SC award.

Others here will find your past posts and comment on them.

Your "agent" might even be the same one I filed OGC complants on.