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@  chuck57thSig : (30 October 2014 - 05:51 PM) Sarti07, It's Under (Va Claims And Research) Http://www.hadit.com/forums/topic/59064-Prep-For-Decision-Phaseprovisional-Rating/
@  sarti07 : (30 October 2014 - 02:43 PM) Hello, I Just Posted A Topic About Prep For Decision.. I Have No Idea Where To Find It! Lol
@  carlie : (28 October 2014 - 03:42 PM) Reelnrod - Just Pick A Topic That Corresponds To Your Stuff And Post It
@  reelnrod : (28 October 2014 - 10:11 AM) So, How Do I Post A Topic?
@  Thadine : (28 October 2014 - 08:21 AM) Irrrl
@  Thadine : (28 October 2014 - 08:18 AM) Fishing License
@  Thadine : (28 October 2014 - 08:14 AM) Thadine Quick
@  red : (27 October 2014 - 12:14 PM) Anyone Heard Any Updates On Flying Space A For 100% Disabled Vets?
@  maxwell18 : (27 October 2014 - 10:49 AM) I Did Contact My Congressman Jeff Miller, Let's See What Will Happen
@  maxwell18 : (27 October 2014 - 10:48 AM) @britton
@  Tbird : (27 October 2014 - 04:26 AM) Thank You Larry S For Your Contribution To Our Funding Campaign
@  britton : (26 October 2014 - 07:33 PM) Everyone (Veteran's) Should Recive A Memo From The Dept Of Veterans Affairs ****notification Of Medication Scheduling Change****
@  britton : (26 October 2014 - 07:24 PM) Meds That Are Consider To Be Schedule Ii Narcotic...pain Meds Like Hydrocodone Ectt Ect,,
@  britton : (26 October 2014 - 07:22 PM) As I Understand We Only Can See The Va Dr's Every 28 Days To Renew Our Prescription Meds A New Law Went Into Effect Oct 6Th 2014....i Only See Problems Problems Problems With This...grrrrr
@  maxwell18 : (26 October 2014 - 03:52 PM) This Is Maxwell18 Would The Person Who Contacted Me (Vern2) Please Contact Me Again, I Attemped To E Mail You It Returned No Reply. Thanks
@  Tbird : (26 October 2014 - 05:12 AM) Thank You Maxwell18 For Your Contribution To Our Funding Campaign.
@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?

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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