DIC postmortem service-connect

[Rivet62]

I am concerned for the wife of a veteran who passed away recently by suicide.

He had a number of advanced conditions, including cancer, and had a history of depression.

He was not service-connected for any disability at the time of his death, and no application was pending, not even an intent to file.

He was a Vietnam war veteran of the army who served stateside. He served one term of enlistment.

Are there any cases where there has been an establishment of service-connected disabilities after a veteran's death, for the purpose of DIC?

Edited January 31, 2022 by Rivet62

[Berta]

"Are there any cases where there has been an establishment of service-connected disabilities after a veteran's death, for the purpose of DIC?"

You bet-I am one of those DIC claimants- 1151 DIC- death by VA 1998  and undiagnosed and untreated DMII AO causing a  direct SC death- SC DIC 2009-or 2010.

There are plenty of other widows who have received DIC by establishing service connected death, after the veteran's death.

My neighbor gets DIC because her husband committed suicide in service and he was declared insane at time of the suicide.

Another veteran I knew well in this locale comitted suicide years ago and his wife wanted e to help her get "money from the Army."

She was not his legal wife -this is not a common law state, and her story was far different from what he told me about his Vietnam and VA experience.

I had sent her quite a bit of info as the DIC application and some info on a disability he had ( he rold me he was SCed long ago but he sent the money back to the VA for another vet to have ????? but about 2 years later she  called me to help her  get ' money from the Army' and she said she had never even opened the envelope with the DIC app in it.

By then I had learned she was not his legal wife and I told her to apply with the DIC app,if she wanted to,  but I did not foresee a DIC award.

Can this widow join us here?

The suicide regulations are here somewhere.About 4-5 years ago we had a similar issue with a widow and she proved her husband was insane at the time of an odd accident he had that was declared a suicide. He also had PTSD but I dont know if he had ever claimed it.

 

[Berta]

This veteran had SCs in his lifetime but no service coonected psychiatric disorder that could have caused or contributed to his suicide.

 

However

"In this case, given the credible evidence showing that the Veteran had witnessed traumatic events in service, the credible evidence that the Veteran's symptoms began in service and continued after service and were later diagnosed as a trauma related disorder, and the probative medical evidence that the in-service trauma symptoms more likely than not led to committing suicide, the Board resolves reasonable doubt to find that the Veteran's trauma related disorder, which began during service, contributed substantially and materially to the cause of the Veteran's death, suicide. As the reasonable doubt created by the relative equipoise in the evidence must be resolved in favor of the appellant, the criteria to establish service connection for the cause of the Veteran's death are met, and the claim is granted. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.312."

https://www.va.gov/vetapp21/Files10/21065764.txt

His widow had done a lot of work to prove  this claim.

 

[Rivet62]

2 hours ago, Berta said:

His widow had done a lot of work to prove  this claim.

I'm afraid my friend's claim(s) would have a steeper uphill climb. But thank you so much. I truly won't know if this case outcome could have any bearing, except to join her to look at his service records (which she already has). I'll pass this on. I know either way she's grateful for your help.

[Rivet62]

3 hours ago, Berta said:

Can this widow join us here?

I don't think she has the stamina or the technical know how.

[Rivet62]

3 hours ago, Berta said:

Can this widow join us here?

I can see what she says. It may take a couple weeks of back and forth...

[Rivet62]

19 hours ago, Berta said:

Can this widow join us here?

I have reached out to her, via a relative, to get what records she has. I'll make copies and return the originals.  I don't think she is capable of joining and participating, but I am presenting that to her anyway. I think she could provide compelling lay statements.