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

[Berta]

If the DIC form was filed AFTER one  year from date of death, the decision will state, why she is not eligible for a better EED.

The DIC regulations are all in our DIC forum.

If this death fell under AO Nehmer, check Footnote One here- it may or may not apply.

My husband died 27 years ago,1151 DIC /FTCA settlement-VA malpractice that caused his death.

I filed again under Nehmer 2003 and 2009 for direct SC death -my Nehmer retro went back to August 1988.

[Berta]

M21-1MR link should be here-

I had former Sec Shulkin change the HLR regs and CUE regs, so look for the newest changes.

Disregard the arguments   over that in the forums, the arguer did not have a single CLUE-on CUE  and they represent vets and widows.  soon I can say they used to rep vets.

[namvet6567]

Berta and all, she was awarded back to her claim date which was about 1yr 2mo, passed his date of death (DOD). One yr is the deadline otherwise they use claim date.  They approved based on the 10yr rule.  She still needs to pursue back to DOD, because she was listed as NOK in VA records and they never notified her and because of covid delays going on at the time.  She got the $2k for his death/burial and was awarded new chapter 35 award, even tho she's used her's up.  At least she has a reasonable amout of income, now.  She still needs to find out his cause of death(COD), but will need a lawyer for that in FL. 

 

PS:  I've been having trouble figuring out how to post here.

[pacmanx1]

Good news

Congratulations on the win.

[namvet6567]

On 3/17/2022 at 2:32 PM, Berta said:

If the DIC form was filed AFTER one  year from date of death, the decision will state, why she is not eligible for a better EED.

The DIC regulations are all in our DIC forum.

If this death fell under AO Nehmer, check Footnote One here- it may or may not apply.

My husband died 27 years ago,1151 DIC /FTCA settlement-VA malpractice that caused his death.

I filed again under Nehmer 2003 and 2009 for direct SC death -my Nehmer retro went back to August 1988.

They never sent the award decision, just the death award explanation and the money deposited.  Now she needs to get his complete c-file copy, DA form 20 or 201 file and a DD-215.  He had a second period of service where he got bad paper, for AWOL, but will probably go to have that changed.  The award was based on first period of service.  Is there a deadline on a 1151 claim?? Thx