Another Question On Dic

[free_spirit_etc]

The form says:

"Note to surviving spouse: If entitlement to DIC is established, a "seriously disabled" child overage 18 is entitled to receive DIC benefits in his or her own right. A veteran's child who is seriously disabled and over age 18 must submit a separate VA Form 21-534 to apply for benefits."

Since my husband's cause of death has not been service connected yet -- does that mean we will be running two separate claims --one for my son and one for myself - to show service connection. Or will they only decide the service connection on ONE of the claims -- and transfer whatever decision is made to the other one? Or do I wait to file my son's claim AFTER my claim has been processed?

I tell you - the HARDEST part of claiming the DIC was filling out the part on marriage -- and then it says "how marriage ended" divorce / death.

I had to put that our marriage ended by death.

It had never occured to me that our marriage had ended. I kind of thought we were still married.....

Free

[Pete53]

Free:

If the child is over 18 you need to fill out the paperwork and send it in. They will run it just like a Vet trying to be Service Connected but it is all or nothing. However no C&P I think that it can be done using existing medical records and opinion from Doc.

Good Luck

I don't think many who has a spouse die fell that their marriage ended. I know I would not.

[free_spirit_etc]

Awwwww -- What a sweetheart!! Good -- I will consider myself STILL married then. We intentionally did NOT use "til death do us part" in our wedding vows. We vowed, instead, to love each other "completely and forever" (with all that I have and all that I am - in the best way I know how) And I still love him so very, very much...

So do I just send in the same information with my son's application that I send with mine? (I will be sending in additional evidence). That would be interesting if one adjudicator decides to SC his death - and one decides not to.

Free

Free:

If the child is over 18 you need to fill out the paperwork and send it in. They will run it just like a Vet trying to be Service Connected but it is all or nothing. However no C&P I think that it can be done using existing medical records and opinion from Doc.

Good Luck

I don't think many who has a spouse die fell that their marriage ended. I know I would not.

[Pete53]

Free:

You will need to send in info that shows yours sons disability. I son't know if you have to send in the Birth Certificates, Marriage Liceses and all the supporting documents.

[free_spirit_etc]

Thanks Pete! I was thinking of just sending in the Social Security report. I have a letter from them stating they found him to be disabled in 1993 (when he was 14). I could probably see if I can get a report from Social Secuirty from his most recent exam. (but I don't think they keep reports very long...) I was figuring the Social Security reports would be the best evidence -- as getting a current doctor report wouldn't show he was disabled prior to age 18 -- and his older medical records wouldn't show he is now disabled. But I figured showing that he met the Social Security requirements for disability since age 14 - that would pretty much be enough evidence.

Free

Free:

You will need to send in info that shows yours sons disability. I son't know if you have to send in the Birth Certificates, Marriage Liceses and all the supporting documents.

[Berta]

Free said:

"I tell you - the HARDEST part of claiming the DIC was filling out the part on marriage -- and then it says "how marriage ended" divorce / death.

I had to put that our marriage ended by death."

I had to put Death by VA.

PS they (VA) will need raised seal Death Certificate and I think raised seal marriage license and birth certificates.

Also copy of the funeral bill and any other expenses regarding the death.

I sent them the ALS bill too.

Free it is a good idea to get some manila folders to help you sort and separate all this-

The DIC claim is separate from the accrued claim, etc.

I ended up with plenty of manila folders.

By the way was your husband autopsied?

This can often be critical to death claims-

but it seems to me that-in your case- the death certificate will do as long as it clearly showed the cancer was direct cause of or contributed to death.

[free_spirit_etc]

Good idea on the manila folders.

I didn't have him autopsied. I had asked the nurse about what they would do for an autopsy and the nurse said they would look at his heart / lungs and the last few days of doctor notes to determine a cause of death --so I didn't bother. The nurse said they would probably put his death was due to respiratory distress due to lung cancer.

But they listed Metastatic Lung Cancer as the cause of death. The only thing is that they put 8 years as approximate time from onset to death...which would put it four month past his presumptive period (but 1 year closer than his diagnosis did).

I already had to send them a certfied copy of his death certificate -- but it probably wouldn't hurt to send another --- since everything they either don't have - or can't find - holds up your claim a LONG time.

Free

Free said:

"I tell you - the HARDEST part of claiming the DIC was filling out the part on marriage -- and then it says "how marriage ended" divorce / death.

I had to put that our marriage ended by death."

I had to put Death by VA.

PS they (VA) will need raised seal Death Certificate and I think raised seal marriage license and birth certificates.

Also copy of the funeral bill and any other expenses regarding the death.

I sent them the ALS bill too.

Free it is a good idea to get some manila folders to help you sort and separate all this-

The DIC claim is separate from the accrued claim, etc.

I ended up with plenty of manila folders.

By the way was your husband autopsied?

This can often be critical to death claims-

but it seems to me that-in your case- the death certificate will do as long as it clearly showed the cancer was direct cause of or contributed to death.