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@  vet201060 : (26 August 2014 - 11:41 PM) Damn Post It Notes
@  vet201060 : (26 August 2014 - 11:41 PM) True That
@  Asiadaug : (26 August 2014 - 07:46 PM) I Have Yet To Deal With Any Piece Of Va That Isn't A Dysfunctional Mess...ebenefits, Claim Filing, Billing...and To Think Our Tax Dollars Are Used To Perpetuate That Calamity!
@  carlie : (26 August 2014 - 05:39 PM) notorious kelly - loved your shout ! ! !
@  GlassRose1500 : (26 August 2014 - 03:40 PM) Would Someone Add Smc Housbound Plus Smc A&a Regular And One Smc K For Me? I Can't Seem To Do That Math!
@  Notorious Kelly : (26 August 2014 - 03:12 PM) Ebenefits Is Not A Thermometer In The Rectum Of Your Claim; It Is A Post-It Note That May Or Not Be Updated Or Accurate. Try Not To Obsess ;)
@  mcassidy : (26 August 2014 - 01:25 PM) Osa
@  Jaluluah11B : (26 August 2014 - 10:05 AM) My Reconsideration Finally Showed Up On Ebenefits As A New Claim.  gathering Evidence.  [font=Arial][size=3]Automated 5103 Notice Response Needed. [/size][/font]
@  vet201060 : (26 August 2014 - 10:00 AM) Went From Pending Decision Approval To Review Of Evidence Today, I Need To Stop Looking At It. Drives You Crazy Waiting
@  GlassRose1500 : (25 August 2014 - 09:30 PM) @coriemboh I Get My Best Claim Advice Here, But My Dav Guy Gets The Best Intel Once The Claim Is Filed
@  coriemboh : (25 August 2014 - 08:57 PM) The Average Processing Time Is 9 Months More Or Less. Every Time I Call The 800#, I Get A Different Answer. Goe, Roe....make Up Your Mind!
@  coriemboh : (25 August 2014 - 08:56 PM) I Just Want To Know Ballpark Figure Of How Much Longer My Claim Will Take. The Bills Are Piling Up. Adds To My Anxiety And Depression. Sure Wish I Could Tell Bill Collectors The Same Things Va Tells Me!
@  coriemboh : (25 August 2014 - 08:54 PM) @glassrose1500-No, I Don't. I Put In For Representation A Few Days Ago, But I'm Sure That End Won't Pan Out Until The Claim Is Closed.
@  GlassRose1500 : (25 August 2014 - 12:11 PM) Would Appreciate Feedback On My Smc Draft - Posted In The Smc Section! Tkx!
@  GlassRose1500 : (25 August 2014 - 12:04 PM) @coriemboh - Do You Have A Service Rep You Can Call? They Usually Have More Info...
@  coriemboh : (25 August 2014 - 11:16 AM) Called The 800 # To Check Status Of Claim. Really Frustrated With The Lack Of Information.
@  vet201060 : (25 August 2014 - 10:12 AM) Just Checked Ebenefits And Claim Was Pending Decision Approval And Then Checked Few Minutes After That And Now Prep For Decision. Drives Me Crazy
@  coriemboh : (24 August 2014 - 10:00 PM) Anyone Else Having A Hard Time With Evet Updates? Mine Is Taking Forever!
@  SSG O : (23 August 2014 - 08:03 PM) Love This Site
@  vet201060 : (22 August 2014 - 10:29 AM) Thanks For The Info

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Dic Pow Survivor Regs


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#1 Berta

 
Berta

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Posted 14 August 2012 - 11:11 AM

I know this is here at hadit somewhere but it might pay to post it again.

POWs and their survivors come under a different criteria then other veterans in some respects:

As to DIC:

“The major benefit is Dependency and Indemnity Compensation (DIC) which is a monthly benefit payable to the surviving spouse (and the former POW’s children and parents in some cases) when the former POW:

  • was a service member who died on active duty; or

  • died from service-related disabilities; or

  • died on or before September 30, 1999 and was continuously rated totally disabled for a service connected condition (including individual unemployability) for at least 10 years immediately preceding death; or

  • died after September 30, 1999, and was continuously rated totally disabled for a service-connected condition (including individual unemployability) for at least 1 year immediately preceding death.

www.vba.va.gov/VBA/benefits/factsheets/misc/formerpow.doc

from the main VA web site

Also this BVA decisions holds significant information impacting on POW survivor claims:

http://www.va.gov/ve...es1/1000223.txt

“n cases where the veteran is a former prisoner of war (POW),
several diseases, including atherosclerotic heart disease or
hypertensive vascular disease (including hypertensive heart
disease) and their complications (including myocardial
infarction, congestive heart failure, arrhythmia), and stroke
and its complications, shall be service connected if manifest
to a degree of disability of 10 percent or more at any time
after discharge or release from military service even though
there is no record of such disease during service, provided
the rebuttable presumption provisions of 38 C.F.R. § 3.307
are also satisfied. 38 C.F.R. § 3.309©. “

This claim failed under the favorale POW regs tpo veterans and surviviors because the widow could not establish that her husband,in fact, was a POW:

In a June 2007 VA Administrative Decision, VA found that the
Veteran may not be recognized as a former POW. The Veteran's
period of creditable valid service, based on the service
department's certification in May 1991, was from November
1941 to April 1942 and from February 1945 to March 1946. The
certification did not indicate any POW status. VA relied
upon the following evidence. In a January 1946 processing
affidavit, the Veteran stated that he surrendered on April 9,
1942 and escaped April 10, 1942 and thereafter lived with his
parents; in an undated processing affidavit he stated he
escaped on April 9, 1942. The Veteran's October 1990 claim
for VA benefits did not mention an incarceration as a POW.
Additionally, the Veteran's name was not listed in the POW
microfiche. The appellant failed to submit evidence to
substantiate her claim that the Veteran was a POW. “

Unfortunately many claims at the bva in which the survivor claimed the veteran had been a POW

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