No Dic For Me

[goofycow]

A few days ago I called my county svc rep because VA has still been paying me UI at the rate for having a dependant even though my husband died 8/31. I wanted to know why were they still paying me too much. Well, this morning she called me back & told me that Little Rock was going to turn down my claim for DIC because I can not draw UI & DIC at the same time. She couldn't answer why they were taking so long to adjust my pay. I know why!!!! That way they can deny my claim & twist the knife in my back by demanding all that extra they have paid me over 7 mo! Life is sweet for the VA :D

My husband was my buffer to the outside world. He drove me everywhere. Now I only drive to the nearest Wal mat & across the river to the liquor store. My husband's bike still sits parked out on my front porch because I am too afraid to put an ad in the paper. I live alone out in the country & fear who might come out in answer to my ad. The same goes for the Bronco that has been sitting in the garage. It hasn't been started in 10 months.

Yes indeed, life is a hoot! Thanks for letting me vent.

Liz

[Berta]

I dont buy what that rep is trying to sell to you-Liz-

you can get TDIU due to your own military service disabilities.

you can get DIC if your spouse, a veteran too- died of service connected disabilities.

You do present an unusal situation but this is becoming not as unusual as it used to be-

DIC as spouse of SC vet who died due to SC and TDIU in your own right-are two separate issues.

I think your vet rep was talking out of her---------hat-

How the heck does she know when and why the VA will deny your DIC claim?

Does she moonlight as a VA rater too?

[spike]

if they had an offest wouldnt they pro rate it and and take it out of your monthly benefit so it would not cause a financial hardship?

[Philip Rogers]

A few days ago I called my county svc rep because VA has still been paying me UI at the rate for having a dependant even though my husband died 8/31. I wanted to know why were they still paying me too much. Well, this morning she called me back & told me that Little Rock was going to turn down my claim for DIC because I can not draw UI & DIC at the same time. She couldn't answer why they were taking so long to adjust my pay. I know why!!!! That way they can deny my claim & twist the knife in my back by demanding all that extra they have paid me over 7 mo! Life is sweet for the VA :D

My husband was my buffer to the outside world. He drove me everywhere. Now I only drive to the nearest Wal mat & across the river to the liquor store. My husband's bike still sits parked out on my front porch because I am too afraid to put an ad in the paper. I live alone out in the country & fear who might come out in answer to my ad. The same goes for the Bronco that has been sitting in the garage. It hasn't been started in 10 months.

Yes indeed, life is a hoot! Thanks for letting me vent.

Liz

Liz, first things first. Did you directly notify the VA of his death, right after it happened? If so, should they request payback, you should request a hardship waiver. If it's their error they will usually waive recovery. As for the TDIU and DIC, I agree w/Berta. One is for your service and the other a benefit of his service. I would fight that one all the way to the CAVC and further if necessary.

pr

[jbasser]

Lets put our Skills together and find the exact regs for this lady so she can rebut the Ro and the Vet Rep. She has been through enough.

Bless you liz.

John

[Tbird]

i believe like berta that this will become a more common issue. We do need to find the regs on this so we can quote it, the question as i see it posed here is does the individual's service connected disability impact their ability to collect dic or the amount of dic. i haven't found a answer yet that is in black and white.

[Berta]

I have never seen any regs on this but will check further- I am sure this issue has come up before with the VA.

It just makes sense that these are two separate issue.

There is a Prohibition on Duplicate Benefits regulation-

but nowhere in that reg do I see this situation.I do think I saw this once in an old BVA decision.

A DIC benefit as spouse of SC death vet is completely different than any SC comp a spouse can get his or her own right.

Separate regs and separate awards-

I think it would be just awful and illegal if a disabled vet would have their comp

lowered or lost if they get DIC too and vice versa-

A vet cannot get pension and comp at the same time-

which makes sense and the Prohibition reg below involves offsets on Sec 1151 claims-only prohibiting double dip on malpractice if they involve FTCA too.

I think anyone in this position can support receipt of both DIC and their own SC comp-

because the VA has never published regs that prevent them from doing that.I have never seen this prohibited in the DIC regs.

http://72.14.209.104/custom?q=cache:FPd2Pk...381742111066612