Jump to content



Search



Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  arng11 : (26 November 2014 - 11:30 AM) Everyone Enjoy The Holidays And Be Safe.
@  eagle1012004 : (26 November 2014 - 10:10 AM) Have A Happy Thanksgiving All!!!
@  Tbird : (22 November 2014 - 04:54 PM) Tbird Accepted To 2015 Conference: V-Wise: Another Entrepreneurship Project Of The Whitman School Of Management Http://ow.ly/ej9Qg
@  Tbird : (22 November 2014 - 04:13 PM) Arng11 Thank You For Your Contribution To Our Funding Campaign.
@  britton : (22 November 2014 - 02:57 PM) Thank You Ms T For Starting This Web Site For All Veterans, You Helpd Me And My Family And I'll Be Forever Gratful To You & Hadit.com
@  Tbird : (22 November 2014 - 08:19 AM) Thank You All For Helping With The Funding The Site. It Is Really Helping!
@  Tbird : (22 November 2014 - 08:18 AM) Britton Pm Me And I. Can Check This Out For You
@  britton : (22 November 2014 - 06:44 AM) What Does ''you Missed Your Quota For Postives Votes Today'' Mean??
@  coriemboh : (19 November 2014 - 08:29 AM) Hold Time For Peggy Was Approximately 1 Minute. That Was 17 Minutes Ago. They Really Need To Change This Hold Music.
@  Tbird : (17 November 2014 - 02:42 PM) Stretch Thanks For The Extra Contribution To Our Fundraiser This Month.
@  maxwell18 : (16 November 2014 - 09:04 PM) I Still Have To Bitch About The Navy Hosp Cutting My Meds By 2/3 On My Norco. I Contacted Customer Service Or What Ever You Want To Call It Who In Turn Contacted The Navy Hosp Pensacola Commander Who In Turn Did Nothing. Thanks To All The People That Are Affair Of There Jobs And I Feel That Medical Malpractice Should Come Into Place. I Guess Just Do What Ever They Want To Because They Can, But Don't Give A Sh T For The Vets That Suppose To Being Supporting From All The Military  organizations. This Is Not The Way They Have Been Trained And Promised To Do. 
@  carlie : (16 November 2014 - 11:26 AM) Delayed Onset Tinnitus - Ref To Va Training Letter 10-028 - Link - Http://veteranclaims.wordpress.com/2014/05/06/single-Judge-Application-Va-Training-Letter-10-028-Delayed-Onset-Tinnitus/
@  carlie : (16 November 2014 - 11:03 AM) Here's A Good Tinnitus Link To Check Out From M21-1 Change Dated Jan 10,2014 - Http://veteranclaims.wordpress.com/tag/section-B-Duty-Military-Occupational-Specialty-Mos-Noise-Exposure-Listing-Fast-Letter-10-35-Tinnitus-Hearing-Loss-Vbms-Rating-Decision-Tools/
@  Asiadaug : (16 November 2014 - 02:08 AM) "rolled" Not Ruled! :)
@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
@  Tbird : (15 November 2014 - 07:50 AM) Asiadaug Searched All Over For Va Training Letter 10-028 But No Luck So Far.
@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
@  Tbird : (12 November 2014 - 05:56 PM) Stretch Thanks For Contributing To Our Fundraising Campairg
@  Tbird : (12 November 2014 - 04:01 AM) Atomicwidow Thank Your For Donating To Our Funding Campaign.

Photo

Dic Pow Survivor Regs


This topic has been archived. This means that you cannot reply to this topic.
No replies to this topic

#1 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 29034 posts
 

Posted 14 August 2012 - 11:16 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,.could not be granted, as to DIC, solely under the POW basis.

I think many vets who were POWs never gave enough info to their families during their lifetimes, for their survivors ,who might need to prove the POW status, if the veteran's military records were not clear on that.

.