Questions on DIC

[namvet6567]

Trying to help a spouse who was separated from her 100% P&T husband, for 10.5yrs, at time of his death.  Never divorced as reconciliation was a consideration.  They paid her his final check but then denied her DIC.  He died in early 2020 at a VA contracted nursing home in FL.  VA never notified her of his death.  Also tried to look up m21-1 but found the VA may have discontinued it??????  Thx

[namvet6567]

Berta, no need to explain the pension thing, as I already figured that out when I read it.  The rate was correct, as I checked it.  If I remember correctly 100% + married w/spouse(no children) and SMS "s" I believe.  He collected for married to her up thru the date of his death.  The VA has technically confirmed she is his widow by awarding her his final check(if not his widow final check would be disallowed).  If she wins I know they award Chap 35 to widows, does that mean she could get more education paid for, even tho she'd previously used it as spouse.  I seem to recall reading a successful case on that some yrs back.  She hasn't received a penny from him since 12/2014, which was less than $200 a month, then, and had to get medicaid and food stamps, to survive.  They never divorced. Thanks!

[Berta]

Has she tried any other ways to get a copy of the complete death certificate? Such as:

https://www.publicrecordscenter.org/death-records?gclid=Cj0KCQjwkIGKBhCxARIsAINMioJsLwH5_sNt38W5i0xwXHP805_6uHjdipj8ZKA9R6DDaiWKgGpI4GoaAq9NEALw_wcB

This is how to get a copy with a Cause of Death indicated:

"How to order a Florida Death Certificate

CAUSE OF DEATH INFORMATION:  Death records less than 50 years old with the cause of death and full social security number are confidential and may only be issued to:

• Decedent’s spouse or parent;
• Decedent’s child, grandchild or sibling, if of legal age;
• Any person who provides a will, insurance policy or other document that demonstrates his or her interest in the estate;
• Any person who provides documentation that he or she is acting on behalf of any of the above-named persons;
• By Court Order"

It seems to me that she is still the spouse of the veteran,since they were never divorced.

Source for above http://www.floridahealth.gov/certificates/certificates/death/index.html

I am surprised that she still gets CHAMPVA, but without DIC.

I have never seen that before because the requirements for CHAMPVA are basically the same ,in many waysm as those for DIC

 

 

 

[namvet6567]

The 17 pages refers to all the appeal stuff w/forms.  His first MOS was 76l10 unit supply specialist and second 95B10 military police.

[Berta]

"If she wins I know they award Chap 35 to widows, does that mean she could get more education paid for, even tho she'd previously used it as spouse."

In some cases that is possible. 

My Chapter 35 delimiting date ran out when I was at AMU, and I paid either 6 thousand or maybe 8 thousand out of pocket to finish my degree there.

With 2 more successful VA Awards of direct SC death of myhusband, the VA had to give me more entitlement to Chapter 35 ( a more favorable EED) as well as reimburse me for the Out of pocket amount I had to spend. 

John, the 8 year DIC factor is explained in the article:

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

The pst theory of  "Hypothetical entitlement" DIC claim no longer has merit with the VA:

https://www.va.gov/vetapp21/files7/a21012785.txt

DIc can become a very complex situation -so make sure everyone that your spouse is up to speed on  the PC .

 

 

[Berta]

Flip- I hope you realize that theVA is slower than ever and this is a Very difficult DIC claim, in my opinion.

I cant figure out the SMC level he was at but maybe because I am looking at single veteran rate charts and maybe she was listed as his dependent for his comp.

 

[namvet6567]

The ChampVA has been continued thru the whole time since original 100% P&T award, even during the separation.  I'm expecting they will cut off any day now.  I believe the VA received a copy from either the nursing home or SSA, when they notified the VA of his death.