Dic Claim

[free_spirit_etc]

I am working on the claim form for DIC - so I can get the waiting game started. The bulk of it is about income - for claiming Pension. Do I have to fill this out if I do not want to claim for a pension at this time?

I don't want to leave it blank and then find out 2 years from now they can't work on my claim until I fill it out.

But I would not be eligible for Pension right now -- so it seems like a lot to go through for something you wouldn't get.

Free

[Guest jangrin]

Free,

I'm not positive about this and you might want to call, but when we filed for the VA claim the SO wanted us to fill out for the pension also. We had too many assets so she had us put down gross income and then put DNA in each spot (does not apply).

Jangrin

[Pete53]

Free:

That is info they need to award a pension to someone with little or no assests and no income. If you can fill it out and they will tell you that you are not entitled to pension unless you are.

good Luck

[Former Member]

I suggest to fill the whole thing out.

Vets have to do this too on their initial claim form.

The VA regs say that pension must be considered as well as VA comp-normal VA SOP-

They know my whole life story.In spite of the data theft etc-I do trust the VA with my personal information.I know the widow's form is long but once you fill it out- it begins the claim process.

You should clearly state that you are claiming SC death.In Section VII you can expand on that and attach additional pages if needed.

Tell them why you feel your husband's death should be service connected.

When I filed out the 21-534, I attached death certificate and Burial bills and I also stated the case and sent some initial medical evidence.

I started sending more evidence in as soon as I formally got a VA XC file #.

Edited April 29, 2007 by Berta (see edit history)

[theotherguy]

Free Spirit,

You do not have to file a claim for death pension benefits if you do not want to, especially if you know for a fact that you would not be eligible. The VA website provides the basic income guidelines for death pension and you could look at your monthly income and determine if you would be eligible or not. Keep in mind that there are increased levels of death pension if you are housebound or require aid and attendance, but otherwise the basic rate for death pension without any dependents is $7,329. Medical expenses and burial expenses can be used to offset income so it may be worth your while to file the claim. I believe the VA can only use the burial expenses one time and it has to be within one year of the veteran's death (someone please correct me if that is wrong). So you might be eligible for death pension for at least the first year if the burial expenses were extremely expensive. We can't really help out more unless we had more specific information.

If you believe that the claim for DIC is a slam dunk, it would not be necessary to file for death pension since DIC would be the greater benefit. Was the veteran service-connected for the disability which led to death? It is not an absolute requirement, it just makes it much easier to obtain the benefit. We could help you with this if you could tell us what disabilities the veteran was service-connected for or how you believe his death to be related to military service. I see that you mentioned in another post that he had a pending claim for s/c lung cancer. Was the issue held up at VA because they were trying to determine if he had in-country Vietnam service or what?

My condolences on your loss. I pray that you'll receive any benefits due to you in a short amount of time.

Edited April 29, 2007 by theotherguy (see edit history)

[free_spirit_etc]

Then I better fill it out -- just in case. I don't think I will get it -- but I guess it is better to fill it out than not to. I saw that my husband just drew an X through that part of his initial claim. So I wasn't sure. But his initial claim was filed in 1998.

Filed claim - Sept 1998

Decided at RO - July 1999

Appeal reached BVA in April 2000

January 2001 – The BVA remanded it back to the RO because his C-file did not have a copy of his DD214

September 28, 2001 the RO sent the appeal back to the Board.

October 2001 the BVA FINALLY processed his appeal.

So it looks like missing one thing can really hold up your claim.

Free

I suggest to fill the whole thing out.

Vets have to do this too on their initial claim form.

The VA regs say that pension must be considered as well as VA comp-normal VA SOP-

They know my whole life story.In spite of the data theft etc-I do trust the VA with my personal information.I know the widow's form is long but once you fill it out- it begins the claim process.

You should clearly state that you are claiming SC death.In Section VII you can expand on that and attach additional pages if needed.

Tell them why you feel your husband's death should be service connected.

When I filed out the 21-534, I attached death certificate and Burial bills and I also stated the case and sent some initial medical evidence.

I started sending more evidence in as soon as I formally got a VA XC file #.

[free_spirit_etc]

Thanks for your kind words. I am sure I will not qualify for pension as I work -- my husband had Life Insurance, and I should start getting some Social Security from my husband as I have a disabled child in my care (my son whom he was adopting).

I don't think the SC is a slam dunk -- I do think I will eventually get it -- but I don't think it will come easy - as his claim for lung cancer was still pending when he died.

His claim is two-prong -

1. That his lung cancer was incurred in service --based on the fact that it is a slow growing cancer that was discovered at 3.1 cm two years post-discharge (after a 28 year military career).

2. That his lung cancer was more likely than not related to his asbestos exposure as an air Force electrician for 13 years (prior to safety programs being in place.)

He was an electrician from 1970 - 1983 and a First Sgt. from 1983 - 1998.

Free

Free Spirit,

You do not have to file a claim for death pension benefits if you do not want to, especially if you know for a fact that you would not be eligible. The VA website provides the basic income guidelines for death pension and you could look at your monthly income and determine if you would be eligible or not. Keep in mind that there are increased levels of death pension if you are housebound or require aid and attendance, but otherwise the basic rate for death pension without any dependents is $7,329. Medical expenses and burial expenses can be used to offset income so it may be worth your while to file the claim. I believe the VA can only use the burial expenses one time and it has to be within one year of the veteran's death (someone please correct me if that is wrong). So you might be eligible for death pension for at least the first year if the burial expenses were extremely expensive. We can't really help out more unless we had more specific information.

If you believe that the claim for DIC is a slam dunk, it would not be necessary to file for death pension since DIC would be the greater benefit. Was the veteran service-connected for the disability which led to death? It is not an absolute requirement, it just makes it much easier to obtain the benefit. We could help you with this if you could tell us what disabilities the veteran was service-connected for or how you believe his death to be related to military service. I see that you mentioned in another post that he had a pending claim for s/c lung cancer. Was the issue held up at VA because they were trying to determine if he had in-country Vietnam service or what?

My condolences on your loss. I pray that you'll receive any benefits due to you in a short amount of time.

[john999]

Free

If you husband was in Vietnam his lung cancer should be presumptive. If you ever get SSA for yourself or your husband that would knock you out of the box for the war pension. Few ever get that pension due to income restrictions. You have to be destitute.

[free_spirit_etc]

Thanks John. My husband wasn't in Vietnam.

I know the pensions are pretty strict - but a nice "last resort" if needed.

I help my ex father in law apply for increased pension when his wife died..for housebound. He is 95 and I got his doctor to write a statement. hey want him to be evaluated by the VA docs --- I know not ALL 95 year olds are housebound -- but it would seem that a doctor's statement that a 95 year old IS housebound would be sufficient.

Free

Free

If you husband was in Vietnam his lung cancer should be presumptive. If you ever get SSA for yourself or your husband that would knock you out of the box for the war pension. Few ever get that pension due to income restrictions. You have to be destitute.