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

[theotherguy]

Liz,

I'd be happy to help out however possible. If you could give me some background information on what his service-connected disabilities were and what conditions are listed as the primary and contributory causes of death on his death certificate, I'm sure that myself or many of the others may be able to help guide you in the right direction. Remember that 38 U.S.C. 1318 comes into play if he was rated as totally disabled due to his service-connected disabilities.

One last thing, you should definitely consider filing a Notice of Disagreement if an overpayment is created. The VA is required to have "matching programs" in cases where veterans are married to other veterans and their own manual states that this is supposed to be clearly identified on the front of the claims folder. I would think that you could ask that this be determined to be an administrative error since they clearly were aware of the veteran's death but failed to take appropriate action on the corresponding claims folder.

[goofycow]

Theotherguy:

I cited the reg you turned me onto in an IRIS inquiry. Would you believe I got a reply back today fm VA stating that they found a reg that allows a veteran & surviving spouse to draw both IU and DIC. Imagine that!

My husband died from miarcardial infraction caused by DMII and years of uncontrolled high blood pressure. He was medically retired fm the Navy for angolosing spondolititst. But his medical boards also mentioned major depression. The Navy prescribed enough antidepressants for him to fill a red radio wagon! The problem is, he would never go to VA or file a claim but he did go to a private doctor for about 7 years before he died. He served on board aircraft carriers with several different fighter squradons. He had at least 2 Viet Nam service metals plus a Viet nam Galanty Cross.

However, knowing VA, this is going to be a long, uphill battle.

Liz

Please excuse the butchered attempt at spelling his different medical conditions. I think the lay term for what caused his death is called heart failure/heart attack. The second term concerned his back, a disease that would eventually restrict his breathing.

[theotherguy]

I would certainly think that you could get a statement from his doctor indicating that the diabetes contributed to the myocardial infarction which caused his death. Was his diabetes listed as a contributory cause of death on the death certificate? If so, I think that your claim stand a very good chance of being granted even without the need to get a medical opinion. However, I would still ask the doctor to give you a statement if he/she is willing.

We're here to help if you need it.

[Berta]

Absolutely- I was positive that if a vet draws comp in their own right -they can get DIC too-

but I could not find any reg ---

Your husband appears to be a Blue Water veteran.

He was exposed to AO.

By all means file the claim as death due to heart disease with DMII contributing.

Those private medical records will be needed by the VA.

Cite the Haas CAVC decision in the claim.It is at hadit under search.

The Haas V Nicholson decision was the first Blue WAter AO success.

VA is attempting to prevent Blue Water AO vets and their widows (I checked with a lawyer at NVLSP on that-BW AO widows are within Haas situation too )to receive comp and DIC.

There is now a stay under Haas claims.However-I was in a stay once -(Garnder V Derwinksi 1151 stay )when they lift the stay I believe Haas will continue to be law of the land and the VA will have to decide all pending Blue Water veterans AO claims.

You might want to check in at the Blue Water Navy web site-

mayny here will get news when the Haas stay is lifted and we will post it-

I just hope the VA is not successful in prohibiting further BW vet AO claims to succeed.