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Lost A Good Friend On His 64Th B'day


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#1 Philip Rogers

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Posted 12 May 2011 - 07:24 PM

Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts.

I need to help his wife and need to verify what I need to do.
1.) Apply for his final check.
2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.
3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage.
4.) Apply for his VA life ins benefit.
5.) Apply for DIC.
6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???
7.) Request a complete copy of his c-file and medical records.
8.) Anything I forgot???

Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time.

pr

Edited by Philip Rogers, 12 May 2011 - 07:27 PM.


#2 chr49

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Posted 12 May 2011 - 09:40 PM

Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts.

I need to help his wife and need to verify what I need to do.
1.) Apply for his final check.
2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.
3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage.
4.) Apply for his VA life ins benefit.
5.) Apply for DIC.
6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???
7.) Request a complete copy of his c-file and medical records.
8.) Anything I forgot???

Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time.

pr


So sorry to hear this news. It's never easy to lose a friend. It's good to read that your friend's wife is doing OK and will most likely be eligible for DIC. I'm sure your help will mean so much to her and the entire family. I can only hope that somebody will help my wife in such a situation. Thanks for the reminder about having a will, we all need to put those things in order for our family.

I read about death benefits somewhere recently but can't find them now. I know they weren't much. The only thing I can add to your list is to check into any State death benefits that may be available.

Edited by chr49, 12 May 2011 - 09:41 PM.


#3 Susan

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Posted 13 May 2011 - 12:47 AM

pr wrote: 6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???


PR,

My condolences to you and your friend's wife. Thank you for helping her.
I think you are right about the $2300.00. According to Chapter 7 of verteran benefits:

Reimbursement of Burial Expenses: VA will pay a burial allowance up to $2,000 if the Veteranís death is service-connected. In such cases, the person who bore the Veteranís burial expenses may claim reimbursement from VA.

Burial Allowance: VA will pay a $300 burial and funeral allowance for Veterans who, at time of death, were entitled to receive pension or compensation or would have been entitled if they were not receiving military retirement pay. Eligibility also may be established when death occurs in a VA facility, a VA-contracted nursing home or a State Veterans nursing home. In cases in which the Veteranís death was not service-connected, claims must be filed within two years after burial or cremation.

Plot Allowance: VA will pay a $300 plot allowance when a Veteran is buried in a cemetery not under U.S. government jurisdiction if: the Veteran was discharged from active duty because of disability incurred or aggravated in the line of duty; the Veteran was receiving compensation or pension or would have been if the Veteran was not receiving military retired pay; or the Veteran died in a VA facility.

The $300 plot allowance may be paid to the state for the cost of a plot or interment in a state-owned cemetery reserved solely for Veteran burials if the Veteran is buried without charge. Burial expenses paid by the deceasedís employer or a state agency will not be reimbursed.

I am not familiar with applying for the final check. I do know that the bank returned both of my Dad's checks (Social Security and VA). My Mom told them that they were right about Social Security, but not the VA. The bank employee said that they returned both. If I remember right, it was a year before the VA finally returned the check. Now this may be normal, but the way we understood Social Security pays for the month ahead and the VA does not.

Susan

#4 Berta

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Posted 13 May 2011 - 06:55 AM

I believe she will need this form for the last check of the deceased:
http://www.vba.va.go...rms/21-6898.pdf
I am not familiar with this form but see nothing else at the VA web site to cover last check of the deceased.

"VA will pay a burial allowance up to $2,000 if the Veteranís death is service-connected. In such cases, the person who bore the Veteranís burial expenses may claim reimbursement from VA."

I had to send them copy of the paid funeral bill.

If he was 100% SC P & T for ten continuous years, the VA should award her DIC will no problem (but it will take time)



This is the form she will need if applying for any accrued benefits , DIC and/or VA death Pension:
http://www.vba.va.go...-21-534-ARE.pdf

ďAppeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.Ē
Nehmer applies only to any past denied IHD claim.

She will have to substitute herself as the claimant and that form is here:

http://www.vba.va.go...21-0847-ARE.pdf

As I recall my DIC form had a part for last burial/funeral expenses.

That part should be still covered on the DIC forms.

The Life Insurance question might be answered here:
http://www.insurance...ite/default.htm
If not the policy itself might have a contact number.

http://www.va.gov/SURVIVORS/FAQs.asp -there might be more info here that she needs.

You are so right in what you said in a past post:

"Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want."

I have been working on my Death file recently making it as easy as possible for my daughter to handle.

Now is the time to tell families if you want to be an organ donor.

A will and a Health Care proxy doesn't cost much for a lawyer to prepare.

Is his IHD award was under Nehmer (from what I see here it wasn't but I really cannot tell)-
and she pursues a higher IHD rating , she should let the VA know of her legal standing as Administrator or Executor of his estate.
"Two days after he died the VA awarded him 10% for IHD, back to 5/2010"

AT some point if VA needs that info they will ask her for it.

If he died Intestate,(without a will) your state laws will advise on whether she has to formally become administrator of his estate.The Surrogate's office in her county of residence would have info on this as they handle the applications and send the administration letters out.

I had to become administrator when my husband died.It was not too involved and I put the legal papers away almost 16 years ago only to find that the VA needed them for my Nehmer claim and I had to re open the Letters of Administration again.

Death is overwhelming -as it is- to survivors.
They find they suddenly have a lot of paperwork to do and they don't want to deal with anything but their grief.

Death also costs MONEY!

Survivors should have some access right away to some cash and good planning now -such as joint ownership accounts etc can make that go smoothly.
Joint ownership does not necessarily come with 2 names on a checking account.

Most Life Insurance policies pay within 10 days to 2 weeks and in some states, the funeral bills can be paid prior to any estate or administrative account is opened through a direct draw from the decedent's accounts even if the bank policy is to freeze those accounts upon death.

I hope she has a reasonably fast experience with the VA on the DIC because as you said he was 100% P & T SC for ten continous years prior to death.

#5 Notorious Kelly

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Posted 13 May 2011 - 07:04 AM

My condolences, Philip :sad:

#6 terrysturgis

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Posted 13 May 2011 - 08:45 AM

Phillip, looks like Berta has you covered on the process. I just wanted to Thank You for helping!

#7 Pete53

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Posted 13 May 2011 - 08:48 AM

My condolences PR and please pass on to his family that there are others who care.

#8 carlie

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Posted 13 May 2011 - 10:25 AM

pr,
Sorry to read of your friends death.
I don't have anything else to add as Berta is on target.
XO !

#9 Philip Rogers

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Posted 14 May 2011 - 12:12 AM

Thank you Berta, Carlie, Susan, N Kelly, Pete, chr49, Terry and all, for your responses & condolenses.

Berta - I'm pretty sure he's a Nehmer case but won't know, for sure, until I receive his "c" and medical files. Thank you for all the links, they will be a big help.

We buried his ashes today. Full military honors and 3 active duty personel, including the electronic bugler for taps. I must say, I found the honor guard most embarassing. I believe they were from the local VFW and looked like a bunch of homeless vets, in cammies, from the VN era. I would have thought they'd have had a clean cut group, in pressed/starched uniforms. At least the active duty were in dress blues. I almost wished they(the honor guard) hadn't come but his wife was impressed and it's about her and him, not me.

Thanks again, all!

pr

#10 Pete53

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Posted 14 May 2011 - 10:50 AM

PR

In 2009 my wife's uncle a WWII Veteran had his funeral. As negative as she has been about the Army I was very surprised how the honor Guard an Officer and 2 enlisted from National Guard played taps on speaker system and folded the flag and presented to her Aunt with thanks for his service affected her. She cried and after the service thanked them and said that their participation touched her.

Taps always gives me a chill. I believe that no matter how they look they still represent a soldier or sailors last formal respect. It will be a sad day when they don't do it anymore.

In Dallas some of the service organizations have stepped in to assist active duty with the honor guard. I think all Vets who want it should have it and I appreciate those who do it for the families.

When my time comes I want to be cremated and have a good old fashioned wake at my house so that my friends and families can remember me hopefully in a fond way

Pete

#11 john999

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Posted 14 May 2011 - 11:21 AM

What is the cheapest way to go? When you are dead you are dead. You can bury my body down by the highway side, so my old evil spirit can catch a greyhoud bus and ride.

#12 carlie

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Posted 14 May 2011 - 03:50 PM

pr,
From what I know, unfortunately these details are actually being run pretty much
with skeleton crews.
I do not think many are signing up to do these details.
It's a shame the Honor Guard did not appear nice and crisp with pride.
I feel that their appearance is an important part of it all - in showing respect.
They are supposed to be provided with appropriate clothing and a stipend for their services.

http://www.militaryf...sd.mil/law.html

TITLE 10, UNITED STATES CODE - ARMED FORCES

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

Sec. 1491. Funeral honors functions at funerals for veterans

-STATUTE-

(a) Availability of Funeral Honors Detail Ensured. – The Secretary of Defense shall ensure that, upon request, a funeral honors detail is provided for the funeral of any veteran, except when military honors are prohibited under section 985(a) of this title.

(b) Composition of Funeral Honors Details. - (1) The Secretary of each military department shall ensure that a funeral honors detail for the funeral of a veteran consists of two or more persons.

(2) At least two members of the funeral honors detail for a veteran's funeral shall be members of the armed forces (other than members in a retired status), at least one of whom shall be a member of the armed force of which the veteran was a member. The remainder of the detail may consist of members of the armed forces (including members in a retired status), or members of veterans organizations or other organizations approved for purposes of this section under regulations prescribed by the Secretary of Defense. Each member of the armed forces in the detail shall wear the uniform of the member's armed force while serving in the detail.

© Ceremony. - A funeral honors detail shall, at a minimum, perform at the funeral a ceremony that includes the folding of a United States flag and presentation of the flag to the veteran's family and the playing of Taps. Unless a bugler is a member of the detail, the funeral honors detail shall play a recorded version of Taps using audio equipment which the detail shall provide if adequate audio equipment is not otherwise available for use at the funeral.

(d) Support. - (1) To support a funeral honors detail under this section, the Secretary of a military department may provide the following:

(A) For a person who participates in a funeral honors detail (other than a person who is a member of the armed forces not in a retired status or an employee of the United States), either transportation (or reimbursement for transportation) and expenses or the daily stipend prescribed under paragraph (2).

(B) For members of a veterans organization or other organization referred to in subsection (b)(2) and for members of the armed forces in a retired status, materiel, equipment, and training.

© For members of a veterans organization or other organization referred to in subsection (b)(2), articles of clothing that, as determined by the Secretary concerned, are appropriate as a civilian uniform for persons participating in a funeral honors detail.

(2) The Secretary of Defense shall prescribe annually a flat rate daily stipend for purposes of paragraph (1)(A). Such stipend shall be set at a rate so as to encompass typical costs for transportation and other miscellaneous expenses for persons participating in funeral honors details who are members of the armed forces in a retired status and other persons who are not members of the armed forces or employees of the United States.

(3) A stipend paid under this subsection to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under section 435(a)(2) of title 37 and any other compensation to which the member may be entitled.

#13 john999

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Posted 14 May 2011 - 05:48 PM

If you are a Vietnam vet try and die from AO related disease. This way you can get the VA to pay the $2300 for the box or cremation. If we live long enough we should all die from an AO disease.

#14 Philip Rogers

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Posted 15 May 2011 - 03:51 AM

Thanks Carlie! Yup, they are skeleton crews. The active duty were sharp but those VFW members left a lot to be desired. To me, they actually looked more like homeless VN vets. Hey, maybe they were and the VFW was requiring this for receiving the VFW's help?? The feds tried to shut down the program a while back and were met w/a lot of resistance, so they reinstated it. Me, I don't want a funeral, just a direct cremation. I just need to find a Vietnamese wife, who'll get my DIC & ChampVA, and make they VA keep paying, and paying, and . . . .

pr

#15 Berta

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Posted 15 May 2011 - 07:07 AM

Philip-I got quite a chuckle out of that one-

I am very sorry for the loss of your friend.I didn't realize at first you were the poster for the DIC questions.

And need to add- if any vet wishes burial at a VA Cemetery, neither the VA Cemetery office nor the Chaplaincy handles the request for a military funeral.I guess the funeral director is supposed to request it but mine didn't.

Luckily the VFW read my husband's Obit in the local newspaper (I wrote it myself and included all of his decorations as well as mentioned he was a combat disabled Vietnam vet which the funeral director approved with acknowledgment from his DD 214 and 215.The VA services were about a month after his death.

VFW contacted me right away and said they were very glad they read this info in the obit as no one from VA or the funeral home had contacted them.I thought it was SOP for Military funerals for disabled veterans but I sure was wrong.

The VFW had enough time to access
the Color Guard and spruce up their uniforms and buy some bullets.The Chaplain has to push a button near the pedestal where the cremains or casket is and then the Taps tape goes off and you can hear it all over the Bath VA facility.

It was a Beautiful service and burial.One of the PTSD vets took photos of it all for me.

About a year ago a widow sure gave the local VA Hell as she expected her husband, disabled by service, would receive a military funeral since he was being buried at the VA. He didnt get one because no one followed through on making the arrangements.

Death can come unexpectedly and survivors often don't get the info they need to know right away.

Last time I checked with the local cemetery office, they told me they still have no input into Military funerals and the survivors should contact the VFW.

They have to do that right away as any vet in a Color Guard might have to take time off from work or travel a great distance or find a uniform that still fits them.

I have much peace of mind every time I go to the cemetery.They are putting me on top of my husband.

They gave me the Plot deed right after the services and I stuck it into my death file.

#16 hedgey

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Posted 15 May 2011 - 03:02 PM

Philip, so sorry to hear of you friend's passing. Thanks to him for his service, and to his wife for hers. And thanks to all here for all this information. I need a kick in the pants to start getting things in order for my family, too.

#17 Philip Rogers

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Posted 15 May 2011 - 06:28 PM

Thanks, hedgey, and that's why I stress getting things done, now. That way the funeral director won't suck the family dry. His wife wanted to know what casket was proper. I advised her the cheapest one, as he was being cremated and most of the casket was covered by the US flag. Besides he'd have been really p*ssed if he knew you wasted a bunch of money, on a fancy casket, only to burn it. If your loved ones don't know what you wanted, they run the chance of being shamed into expenses they can't afford, out of guilt. The best thing to do is leave some kind of death instructions, in a letter and sign it. You can have it notarized, if you want, so it takes the responsibility off you, when a family member bitches about something. Death brings out the worst in people, sometimes. jmo

pr

Edited by Philip Rogers, 15 May 2011 - 06:34 PM.


#18 Berta

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Posted 16 May 2011 - 05:12 AM

He doesnt even need a casket- at least not here in NY.

The cremains are put into a steel type box for services and burial.

I asked the undertaker if some ashes could be given to me as Rod wanted some of them cast onto the farm.

He gave me about 2 cups of ashes. Some were put on the farm and the rest are in my bedroom in a small urn.

The price of caskets is outrageous!

." If your loved ones don't know what you wanted, they run the chance of being shamed into expenses they can't afford, out of guilt. The best thing to do is leave some kind of death instructions, in a letter and sign it. You can have it notarized, if you want, so it takes the responsibility off you, when a family member bitches about something. Death brings out the worst in people, sometimes. jmo"

SO TRUE Philip -Great advice for all here.

#19 Chuck75

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Posted 16 May 2011 - 09:45 AM

I have always had reservations about current veterans funerals with or without military honors.
It's been many years since I was on a funeral detail.
Between then and now.
Taps actually played by a member of the military that knew how, vs an often poor sounding recording.
A member of the military in attendance until the casket was lowered into the grave, thus verifying the actual location, and time, etc.,
vs leaving the casket unattended on a bier, and actually buried at the cemetery's convenience.
Rifle salute according to rank vs none.

Caskets, etc.
Paper caskets are appropriate when remains are to be cremated. They have a very good appearance, are solid, and appropriate.
Instead, some areas used reusable caskets that were required by law.

Edited by Chuck75, 16 May 2011 - 09:49 AM.


#20 Philip Rogers

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Posted 26 June 2011 - 10:40 AM

A little update. His spouse received his $10k VA life ins payment within 30 days of his death and didn't even have to apply for it. They sent a her checkbook where she could take it all, or as little as she needed. I told her to deposit it all in her own acct. Last wk she received a call from a PA VA office requesting their marriage date and his previous divorce date. That really irritates me cuz we all know they have it in his c-file, already. Just more VA laziness and BS. Anyway, they told her they are working on direct SC and she should hear something within 2 wks, regarding a decision on the over 10 yr rule. Seems like it's moving fast but I'm always suspect.

pr

#21 john999

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Posted 26 June 2011 - 11:38 AM

In Florida you are put in metal container so if you just get a pine box it is same/same as expensive coffin. I can wait to be resurrected in a cheap coffin just as easy as expensive one even if I have to wait 1 billion years. "I don't care where you bury me when I die. You can bury me down by the highway, so my old evil spirit can catch a greyhound bus and ride?"....Robert Johnson.

#22 cooter

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Posted 26 June 2011 - 12:05 PM

Forgive me if I'm out of line here, but just 2 days ago at a Dr. office, I was reading a health care mag. and ran across something very interesting about caskets. A person could actually purchase by order a casket thru WalMart, or Costco! The article went on to say their caskets are just as nice and a lot cheaper than the funeral home. Also, you could rent a casket and use the paper/carboard liner to be buried in. Again, forgive me if I'm out of line, just thought this would be something to pass along.

#23 Philip Rogers

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Posted 05 July 2011 - 04:01 AM

Just an update. She received the VA $10k insurance, within a month and never had to apply for it. Friday, she received his final VA check and her first DIC check of $1,400.00, less than 60 days after his death! He was rated TDIU over 10yrs and died of pneumonia, secondary to NSC COPD. I am amazed, as I was prepared for yrs of battle, for her. Now he can rest in peace. I love ya, John!

pr



Need a little help. A good friend died, on Friday, 5/6/11. He served w/101st Airborne(but he was a leg/non-airborne) 3/187 "Rakkasans," and was at Hamburger Hill. I'm fairly sure he was over 10yrs at 100%. Two days after he died the VA awarded him 10% for IHD, back to 5/2010, but no change in comp payment. We have the service and burial of his ashes, tomorrow. Cause of death was pneumonia, secondary to COPD. No autopsy done. COPD wasn't SC but has over 10yrs at 100%. Unfortunately no will or trust - people please do these things now!!! It's easier on the family if they know what you want. And, BTW, we "are" going to die, in case you have any doubts.

I need to help his wife and need to verify what I need to do.
1.) Apply for his final check.
2.) Appeal his IHD for a higher rating and EED. I believe he's a Nehmer claim, as he didn't file. The VA did it themselves.
3.) File a claim for her for 2yrs of whatever he may have had coming, if we can win the EED and increased percentage.
4.) Apply for his VA life ins benefit.
5.) Apply for DIC.
6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ???
7.) Request a complete copy of his c-file and medical records.
8.) Anything I forgot???

Thanks to any who respond! He's at peace now and his wife is comfortable with her faith. She knows what happens, happens for the best, even tho we may not agree at the time.

pr


Edited by Philip Rogers, 05 July 2011 - 06:54 AM.


#24 Pete53

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Posted 05 July 2011 - 09:17 AM

Once the 10 years is up no matter what the cause of death the surviving spouse shoul get their next check on time. Just my opinion but that said 60 days is wonderful news.

Just a question that I am not sure of does the widow get the Veterans last check since we are paid the next month and would the check for 1400 represent what enhanced DIC is now? The reason I ask is Mrs Pete wants to know.

#25 cooter

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Posted 05 July 2011 - 09:43 AM

My condolences pr. and yes, may John rest in peace. This piece of info may not sound like much, but it will in days to come. when my father-inlaw passed and when arrangements for the funeral were finished (at least they thought) they assumed the Honor Guard was going to furnish the Flag. Afew days before the burial is when they found out they either had to order one or buy one. Not a good situation to be in. I'm thinking you already knew this pr, but thought it wouldn't hurt to say it anyway.

#26 Philip Rogers

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Posted 05 July 2011 - 09:52 AM

cooter - fyi, the funeral home generally supplies the flag. I worked for a funeral home and that was the policy, there, and I believe it is industry wide.

pr



My condolences pr. and yes, may John rest in peace. This piece of info may not sound like much, but it will in days to come. when my father-inlaw passed and when arrangements for the funeral were finished (at least they thought) they assumed the Honor Guard was going to furnish the Flag. Afew days before the burial is when they found out they either had to order one or buy one. Not a good situation to be in. I'm thinking you already knew this pr, but thought it wouldn't hurt to say it anyway.



#27 Philip Rogers

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Posted 05 July 2011 - 10:02 AM

Pete - I thought it would've taken longer but am very pleased with the results. She made an assumption that it was his final check but thinking about it, now, I think it may have been for the funeral. She said it was $2100. We'll have to wait for the written explanation. I'm not sure but I think his final check would be "pro-rated" to the date of his death and should be around $600. He died on the 6th and should be paid 6 days. The $1400 is the current rate paid, for DIC, when the spouse has been married to the claimant, for the 8 yrs prior to his death. I'll update as this progresses.

pr



Once the 10 years is up no matter what the cause of death the surviving spouse shoul get their next check on time. Just my opinion but that said 60 days is wonderful news.

Just a question that I am not sure of does the widow get the Veterans last check since we are paid the next month and would the check for 1400 represent what enhanced DIC is now? The reason I ask is Mrs Pete wants to know.



#28 halos2

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Posted 05 July 2011 - 10:24 AM

It is a sorrowful time when one loses a relative or friend. It is helpful when one has a person to help them with the VA and SSA. The Pension will help her, as well as she will now receive his entitlement of his SS versus her most likely lessened amount. She is allowed to keep the last comp check, as I read where you posted she received it. How kind a person and thoughtful you are to honor your friend and his wife during this difficult time. Sorry for your personal loss of your good friend too.

http://elderlyestate...p-veterans.html

Pension allowed and trying to find comp one too...

elderlawestateprobateinjermyhowe.blogspot.com/2010/07/survving-spouse-can-keep-veterans.html is what I found on a googl search. But I can't get it to open without joining...but search it as I did and it comes up. sorry for any inconveniences.

Edited by halos2, 05 July 2011 - 10:41 AM.


#29 carlie

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Posted 05 July 2011 - 10:43 AM

It is a sorrowful time when one loses a relative or friend. It is helpful when one has a person to help them with the VA and SSA. The Pension will help her, as well as she will now receive his entitlement of his SS versus her most likely lessened amount. She is allowed to keep the last comp check, as I read where you posted she received it. How kind a person and thoughtful you are to honor your friend and his wife during this difficult time. Sorry for your personal loss of your good friend too.

http://elderlyestate...p-veterans.html

Pension allowed and trying to find comp one too...

elderlawestateprobateinjermyhowe.blogspot.com/2010/07/survving-spouse-can-keep-veterans.html is what I found on a googl search. But I can't get it to open without joining...but search it as I did and it comes up. sorry for any inconveniences.


I think she will receive the DIC funds but not pension (from VBA) also, plus her part of his SSA.
JMHO

#30 cooter

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Posted 05 July 2011 - 11:06 AM

cooter - fyi, the funeral home generally supplies the flag. I worked for a funeral home and that was the policy, there, and I believe it is industry wide.

pr





Ok thanks for the info pr. I didn't know that.

#31 halos2

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Posted 05 July 2011 - 11:09 AM

My computer is going crazy and not posting and reposting sorry.

I mean the DIC not pension for her...

SSA told me if my spouse should die I would receive his SS amount which is a greater amount then mine. I have been receiving my own since 04 and it is SSDI when I turn 66 it converts to regular SS, however because my SSDI is greater then my husband portion, as being a wife, I will continue to receive my own. But they told me when he passes I can request his, as a survivor, and I would get his instead of mine, as the greater amount.

Also U.S. Senator Daniel Akaka ...reminded the law changed in 1996...to guarantee that when a veteran receiving va benefits died,the spouse would be entitled to a payment for the month in which the veteran died...


I think she will receive the DIC funds but not pension (from VBA) also, plus her part of his SSA.
JMHO


Edited by halos2, 05 July 2011 - 11:35 AM.


#32 Philip Rogers

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Posted 09 July 2011 - 08:08 AM

Further clarification of her claims/awards. She received a check in the amount of his monthly payment, which is considered his last months check. She received $2,919 plus the $1,400 DIC payment. The VA did not prorate his last check. He died on May 6th but she was paid the full amount for May, the month of his death. The $2100 quoted was an error on her part. She was also awarded the widow's pension but because her DIC pays more she receives the DIC, which is the higher amount. She still has a claim pending for direct service connection, however I believe we'll drop that. She's receiving the DIC based on the 10 yr rule and we feel it's unnecessary to pursue the direct SC, as there is no additional benefit, that we know of. She also received notice of Chap 35 award, ChampVA and an MWR ID card.

pr

#33 carlie

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Posted 09 July 2011 - 09:26 AM

pr,
Sounds like all the VBA bases are covered.
Has she checked for any additional state benefits -
perhaps no property taxes, etc . . .?

#34 Philip Rogers

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Posted 10 July 2011 - 12:45 PM

Thanks, carlie, we are taking care of those also.

pr

#35 john999

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Posted 10 July 2011 - 01:00 PM

If you consider almost all surviving RVN vets will probably die from an AO disease. When they made DMII,lung cancer, prostate cancer and IHD as presumptive they pretty much covered the bases.

#36 Philip Rogers

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Posted 11 July 2011 - 05:35 AM

John, I agree. Just so everyone understands, I've only been posting this info so that others will know how long it takes, for the VA, to process these types of claims. I was really surprised by the VA's speedy response!! They called and stated they would award based on the 10 yr rule, so that she would have some income while processing the direct SC claim. Can anyone think of any reason we should continue the direct SC claim, other than if the family wants it done, just because it'll make them "feel" better?? There would be no other benefit that I can think of. Thanks all!

pr

#37 john999

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Posted 11 July 2011 - 08:34 AM

For direct SC death the VA pays for funeral in part.

#38 Berta

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Posted 11 July 2011 - 08:59 AM

This is great and these types of DIC claims SHOULD go fast.

The only thing that a direct SC death might benefit her with is this-

I am assuming the past 100% P & T award for ten years rendered her CHAP 35 and CHAMPVA at that time.

The Chapter 35 entitlement could have run out by now ? ?? not sure there but a direct SC award would potentially alter that to a better entitlement date for Chap 35 DEA for her and any potential other dependents.

Or maybe her new DIC award letter spells that out clearly.

GREAT WORK Philip!!!!!!

#39 Philip Rogers

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Posted 11 July 2011 - 10:29 AM

Berta, the award stated she was entitled to Chap 35, ChampVA and MWR card. He was over 10yrs, P&T, w/TDIU. I almost believe this starts a new Chap 35 award. Not sure but should she decide to use it, we sure will find out. I am very pleased they processed it so quickly. Kudos to them!!!!

John, they should pay his funeral expenses up to around $2300, I think. We'll find out soon enough.

Thanks, all!

pr

#40 Berta

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Posted 13 July 2011 - 03:44 PM

"How Much Does VA Pay?
Service-Related Death. VA will pay up to $2,000 toward burial expenses for deaths on or after September 11, 2001. VA will pay up to $1,500 for deaths prior to September 10, 2001. If the veteran is buried in a VA national cemetery, some or all of the cost of transporting the deceased may be reimbursed.

Nonservice-Related Death. VA will pay up to $300 toward burial and funeral expenses and a $300 plot-interment allowance for deaths on or after December 1, 2001. The plot-interment allowance is $150 for deaths prior to December 1, 2001. If the death happened while the veteran was in a VA hospital or under VA contracted nursing home care, some or all of the costs for transporting the veteranís remains may be reimbursed."

http://www.cem.va.go...bene/benvba.asp