I have my husbands death certificate and I'm wondering if I write the cause of death here can you tell me if I will qualify for DIC benefit. My husband was 100% Disabled due to service connection Cancer of the Larynx (twice). His death certificate reads:

Immediate Cause of Death: "PROBABLY METASTATIC ADENOCARCINOMA OF PANCREAS TO LUMBAR SPINE"

Other Significatan Conditions contibuting to death but not resulting in the underlying cause given: "HYPTHYDROISISM, HISTORY OF LARYNGEAL CANCER"

I will be filling out forms this weekend. Just am curious to know if this is gonna fly with VA.

Thanks Kindly for any responses

Yes, I think it will fly. How long was he 100%? If he was 100% for over ten years then you get DIC no matter what the cause of death. It is better to get the death SC'ed because the VA will pay for a certain % of funeral fees. His SC cancer contributed to his death so that is good for DIC. Others can direct you to the exact regulation and how it reads.

No, the ten years does not apply. He was only granted 100% effective January 2007. Thanks for your reply.

Can you consult with his Doctor or another as to how that would be linked? Somehow you want to spell it out and leave no room for VA to delay your claim.

Good Luck

You might want to consider having a VSO help you.

If the service connected laryngeal cancer actually "contributed" to the cause of death and not just what the VA refers to as "lent assistance". Second point: was he in a debilitated/weakened state because of the laryngeal cancer,--that made him more susceptible to develop pancreatic cancer?? Third: review the complications/side effects of any medications/treatments he was taking for the laryngeal cancer to see if they could have caused a weakened pancreas.(?) *Also, a death certificate alone is seldom enough evidence. VA will probably want the oncology/hospital reports to help establish the etiology (if possible) of the pancreatic cancer. In addition, you may need some private medical opinions to support your claim for DIC.

I only have the DIC form right now to fill in and send to VA. Don't they look at that first and if they want more information they will ask for it?

In other words ....do I need to send in back up with the DIC Form 21-534?

On the 524 mark that this is a service connected death. Add the death certificate. There should be no further development. Don't give them anymore information to pick over. Believe me, it is enough.

Sharon you really think so? Thanks so much for your reply. I was kinda going in that direction anyway.....you must have experience in this matter...or have read a lot of cases...

If the VA already has definitive medical records from what they originally granted the service connected condition for--then possibly the death certificate might be enough. However, in your case you appear to be dealing with at least two primary cancer site's: (1)laryngeal (2)pancreatic, that became metastatic to the spine. He was service connected for #1, not #2. Submitting the death certificate is of course the first thing the VA looks at, but be prepared for a battle and/or request from the VARO for hospital/physician treatment records. Cause of death some times needs further explanation beyond the certified death certificate. I don't want to sound pessimistic, just realistic. However, if when reviewing the death certificate and medical records---the VA rules that it was the original laryngeal cancer that progressed to the pancreas, you should not have any problem getting the VA to approve DIC. *I think Pete gave good advice, don't go it alone, you may want to seek assistance from a VSO (veterans service officer).

Thanks VMO for your reply.

Sharon what do you think?

I would go with a VSO and verify information with the hadit members.

So Sharon are you saying that I need the docotor/hospital medical backup along with the DIC form and Burial Benefits form or wait until after I send in DIC and Burial forms and see if they ask for more backup.

VA will service connect any death -with larynx cancer contributing-but only if the condition was in a veteran who served in Vietnam or for a limited period of time and place in Korea near the DMZ.(due to exposure to Agent Orange)

Larynx cancer is AO presumptive 38 CFR 307.Any AO presumptive cancer which has metasized into another form of cancer -causing and contributing to death- will also be service connected in any vet with proven exposure to Agent Orange.

There are about 43 Soft Tissue sarcomas that also can be service connected due to AO.
The list is here at hadit and also at the NVLSP web site.


Otherwise you have to prove his conditions causing or contributing to his death have a direct medical link and etiology to his service.

Thanks Berta for your reply. Yes, my husband is 100% service connected for cancer of the larynx. He was just diagnosed 1 1/2 months ago with Pancreatic, lumbar spine L5 and L8 and also liver cancer. He passed away 4 weeks later.

I'm getting ready to turn in DIC form and Burial Benefit form when i received final death certificate next week.

My question is: Do I send these two forms in now and wait to see if they approve or want information after they receive my forms?

OH OK - I forgot that-sorry

I would send in the entire 21- 534 form ASAP with proof of mailing (keep a copy of it)
and the burial forms and also- are there any children under 18 in the home?

If you receive SSA for them under his SSA account file out the REPS form too-I just remember-

I got award yesterday-they owe me 2 years of REPS benefits.

Also they will need at some point the Death Cert, Marriage License and maybe other stuff that they probably already have but they might ask again.



Sharon makes a good point-they should have enough-sometimes less is better!

And I agree too that a VSO should help you with this.A VSO is one more source of proof when we mail them stuff that they might lose.

Death Certs-they might want a certified copy and these can get expensive.

No children under 18. I will get death cert next week. I have a preliminary copy now. I have most of 21-534 filled out already and burial benefit form.

What is the REPS SSA benefit? My husband was getting SS disability and I already filed with them for the standard 250 dollar benefit but don't know what the REPS is?

I've been represented by American Legion and they have been pretty good so far about receving all our paperwork and making sure VA get it.

REPS Restored Entitlement Program-Survivors.

In 1981 the Omnibus Reconciliation Act altered SSA death benefits for parents of a child who received SSA on their deceased parent's record.

It meant that prior to that a surviving parent received SSA up to age 18 of the child and even longer if chilc still in school under the SSA Survivors benefits.

Pres Reagan stopped it all-
when most widows/widowers with children needed this benefit the most-as college age approached these children-which was paid for by the deceased worker's wages in their lifetime.

Upon any award of direct SC death in these cases-the VA must send the REPS part of the 534 form to REPS office (technically a SSA program) and the survivor will receive those two years of SSA that Omnibus Reconciliation Act took away.

My reps didnt even have a single clue on this program. I just hope they advised widows or widowers with small children to make sure they filled out the form and sent it with the 534.

NVLSP makes the point that thousands could potentially be eligible for REPS if they fit the criteria:

Direct SC death and cut off of parent's SSA survivor benefit when child reached 16.

Thanks Berta for info on SSA ....doesn't apply to me (not having children under 18)...but GREAT information that I didn't know about. Take care!

Just some info on submitting proof of marriage to the VA. Marriage license is not proof of a marriage, a marriage "certificate" is. A marriage license authorizes you to get married. A marriage certificate is proof that you were actually married. In many states--a marriage license and a marriage certificate are two completely separate documents: one authorizes marriage, the other is proof of it. Example: in the State of Ohio you obtain a marriage license which is good for 60 days. When the minister/official actually marries you, the minister/official submits a form to the Clerk Of Courts(I believe) who then issues a marriage certificate--which proves a marriage was performed. Many other states are similar. However, to confuse the matter somewhat, in some states the marriage license and certificate are all on the same form. Such as: the license is at the top of the form, the second half of the form is then completed as the "marriage certificate". **Also, if your spouse received VA Comp which included you as wife, your marriage is "already of VA record" in your husband's VA Claim's file. However, you might as well resubmit it as the the VA claims people never bother to look.

Thanks VMO for the information...I will submit another Marriage Certificate.

For everyone's information. I've been reading about 200 past decisions and so far I haven't seen any denied that are close to my case.