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]

She was listed and he was paid w/her as a dependent the whole time.  I don't see any difficulty as a DIC claim, only in the way the person is processing the claim.  I think you may be correct, as a CUE claim if it will expedite the process.  I may be confusing CUE w/extra schedular requires.  Just getting old.  She has been a dependent since they were married, in 2000, received Chap 35, prior to separation and ChampVA, continued as she continued to be his dependent/spouse, tho separated.

[Berta]

A CUE will only ,hopefully, correct the fact that they were never divorced.

One CUE I had was a no brainer and it took 8 years for the CUE to be awarded.

Husband was 100% SC PTSD and over 80% ( eventually 100% for a Section 1151 stroke)

You would not believe the crap my RO gave me on that claim.Finally it was supposed to goto the BVA,and I was delirious with joy becasue the BVA can read.

Then AO IHD becamea presumptive and the Agent Orange VARO awarded the AO IHD, and also the CUE claim.

My other CUE claims went very fast- I will try to write it today-and post here.

Flip are you formally representing your ex wife.

If not I need to prepare the claim as if I was her, as the claimant.

VA, unless they changed this, will allow anyone to represent someone else for VA claims ,on a one time basis.

I need to find out if that regulation has changed.

Found out:

"May represent a claimant on a one-time, one claim basis per the provisions of 38 CFR 14.630. The individual may only represent one VA claimant unless a request is made to the VA's Office of General Counsel.

General Information on Power of Attorney (POA) (UShttps://www.benefits.va.gov › docs › admin21 › part1DOC)

Here is the regulation:

https://www.law.cornell.edu/cfr/text/38/14.630

 

Edited September 14, 2021 by Berta

[namvet6567]

Berta, that death cert link and explanation should solve that part of the problem.

[Berta]

VARO                                                                                          Date:

 

                                                                                                    C file #

 

To whom it may concern : if there is an alphanumeric code on the decision, put Attention to: and then put the alphanumeric code.) hat identifies the last person who handled the decision)

 

This is a claim of Clear and unmistakable Error  (CUE) in your June   decision and is filed under the auspices of 38 USC 5109A.  (***)

 

The decision lists as evidence a divorce decree but that involves a past marriage I had, and is not relevant to my claim for DIC. Apparently no one at your VARO read the decree.

I have never been divorced from ( name of veteran).

This error would be highly detrimental to me, in pursuing my DIC claim, so it must be corrected.

It is a violation of 38 CFR 4.6:

“The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.” https://www.law.cornell.edu/cfr/text/38/4.6

I expect a proper  and timely correction of this legal  error.

Enclosures : June   decision                                                       Respectfully,

 

Copy ,sign, and send to the VARO and also to the Evidence Intake Center.

You can also file it as an IRIS complaint.

That is the widow can.

I filed a CUE for accrued on one of the new forms- regarding accrued benefits for survivors.

You might even be able to file it on line at va.gov.

I send everything to VA via Priority Mail, that way I have a Tracking slip.

*** I could not read the date if the decision on the first page.

I use every potential way to make sure the VA gets my stuff.

In my HVAC Shreddergate testimony I produced 53 USPS receipts that cntained evidence the VA refused to read.

If they dont read our probative evidence, they might as well have shredded it.

They ignored 12 coies of my husband's autopsy and then withheld it from the OGC for my FTCA case.

I got right on the ohne with the Head Cardio doc at VACIO and she was SHOCKED to learn an autopsy had been done yet the VARO never sent thm a copy of it.

I faxed it to her and general counsel called me upsoon after that to begin negotiations for my husband's wrongful death.

I have no trust whatsoever in the RO I am forced to deal with.

 

 

Edited September 14, 2021 by Berta
added more.

[toddt]

Regarding her last payment February 2020  $3,649.83  that is 100% + SMC S-1    Veteran with spouse.

2020 VA Special Monthly Compensation Rates | Veterans Affairs

[Berta]

Thanks again Toddt!!!! Sorry for the typos and missing letters above - my carpel tunnel syndrome is getting worse.

And to add  auspices of "38 USC 5109A" for CUE. dont use 38 CFR