DIC Appeal - Advanced age

[Dave119]

Hi everyone, what a great forum. Quick question. I see the timelines for direct appeals can take a few years. My mom is in her mid 80s and filed a direct appeal a few months ago. From what I know, she was advanced on the docket due to her old age. Does that typically make much of a difference in the time it takes to make it to a judge? Dad passed away a long time ago and I am her only kid, so helping her as much as possible. But, a decision in her favor could help her with assisted living or other arrangements down the line. I know there are a ton of factors, but at her age, 1-2 years vs 5 years is a lot. Just wondering if anyone had a similar experience? Thanks so much!!

[broncovet]

The advance on the docket makes a difference.  What was the reason for denial?  

The reason I ask is that some reasons can be fixed, others can not.  

A lot depends on when your Dad got his disability rating, that is, how many years before he passed.  Why does this matter?

With DIC if the deceased Vetreran has been 100 percent for 10 years or more, the cause of death does not matter.  However, if the deceased Veteran has been 100 percent UNDER 10 years, then its necessary to show that the Veteran died from a service connected condition.  That is more difficult, "especially" if there was no autopsy.  And, many times the widow has no idea she needs to do an autopsy.  

If you were able to provide the above information we can give a better answer as to the likeliness of approval upon appeal.  Is your mother represented by an attorney or who did the appeal? 

More details on DIC are found here:

https://www.va.gov/disability/dependency-indemnity-compensation/

[Dave119]

2 minutes ago, broncovet said:

The advance on the docket makes a difference.  What was the reason for denial?  

The reason I ask is that some reasons can be fixed, others can not.  

A lot depends on when your Dad got his disability rating, that is, how many years before he passed.  Why does this matter?

With DIC if the deceased Vetreran has been 100 percent for 10 years or more, the cause of death does not matter.  However, if the deceased Veteran has been 100 percent UNDER 10 years, then its necessary to show that the Veteran died from a service connected condition.  That is more difficult, "especially" if there was no autopsy.  And, many times the widow has no idea she needs to do an autopsy.  

If you were able to provide the above information we can give a better answer as to the likeliness of approval upon appeal.  Is your mother represented by an attorney or who did the appeal? 

More details on DIC are found here:

https://www.va.gov/disability/dependency-indemnity-compensation/

In my mom's case, she was approved for DIC. So, she is recieving that now, which is great. The question is on the effective date. It is a very complicated case. We actually have an attorney now working the case. So, I know it was advanced on the docket. Attorney says you never know on time lines as VA can act in mysterious ways. That said, I thought I would start this conversation to not only see if anyone had any experiences in these advancements, but also to let everyone know what happens with my moms case and how long it takes to get there one way or the other.  I was talking with a friend of mine who said the advancement really didn't make much of a difference and it will be a few years. That was based on his fathers experiences some time ago. 

 

[Lemuel]

55 minutes ago, broncovet said:

The advance on the docket makes a difference.  What was the reason for denial?  

The reason I ask is that some reasons can be fixed, others can not.  

A lot depends on when your Dad got his disability rating, that is, how many years before he passed.  Why does this matter?

With DIC if the deceased Vetreran has been 100 percent for 10 years or more, the cause of death does not matter.  However, if the deceased Veteran has been 100 percent UNDER 10 years, then its necessary to show that the Veteran died from a service connected condition.  That is more difficult, "especially" if there was no autopsy.  And, many times the widow has no idea she needs to do an autopsy.  

If you were able to provide the above information we can give a better answer as to the likeliness of approval upon appeal.  Is your mother represented by an attorney or who did the appeal? 

More details on DIC are found here:

https://www.va.gov/disability/dependency-indemnity-compensation/

Important information from your link:

If you think you’re eligible for VA DIC under the PACT Act, you can submit a new application. 

If we denied your claim in the past and we think you may be eligible now, we’ll try to contact you. We may be able to reevaluate your claim. But you don’t need to wait for us to contact you before you reapply. 

Learn more about what the PACT Act means for you as a survivor

I am presuming this is a PACACT related claim.  My sister can apply for this.

[broncovet]

I have been awarded benefits on about 3 seperate issues, all of which had the wrong effective date.  What did your attorney say when you asked him how long it could take?  

There is "some chance" a delay could be good for you as incredible as it may seem.  Of course, I dont know your circumstances but,  If your mom "does" go to assisted living, the nursing home can not confiscate money that she has not received from VA yet.  

[Dave119]

1 hour ago, broncovet said:

I have been awarded benefits on about 3 seperate issues, all of which had the wrong effective date.  What did your attorney say when you asked him how long it could take?  

There is "some chance" a delay could be good for you as incredible as it may seem.  Of course, I dont know your circumstances but,  If your mom "does" go to assisted living, the nursing home can not confiscate money that she has not received from VA yet.  

Our attorney said VA works in mysterious ways and he won't hazzard a guess right now as we are only a couple months into the appeal. My mom is still sharp mentally, but does have her issues with mobility and some signifigant health issues. We also are thinking about the Aid and Attendance benefit and ChampVA. She has Fed Blue from her federal retirement so we are trying to figure out if she should switch to ChampVa to save on the Blue Cross premiums. The Blue Cross insurance is pretty good.   

You raise a good point on the possibility of the state seizing any money. Unfortunately, I think the horse is out of the barn on that issue. My mom learned of these benefits too late for any real medicaid planning. But, I think the VA benefits will help us provide top care for her until she needs nursing home care, if she ever does. Her mother made it to 90 and passed away just prior to being placed in a nursing home. My mom never wants to be in one. 

 

 

 

Edited Monday at 12:46 AM by Dave119

[broncovet]

12 hours ago, Dave119 said:

We also are thinking about the Aid and Attendance benefit and ChampVA.

Dont "think" about these things, apply for them.   The later you apply the later your effective date. There is no downside to applying now vs waiting.  However, there is plenty of downside to waiting.  It is a no brainer, apply sooner rather than later, for both champva and aid and attendance.  That's just my advice, unless you have more than enough money.  Then you dont need to apply at all if you are a billionaire.