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@  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

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Dic Question


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5 replies to this topic

#1 georgiapapa

 
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Posted 18 December 2012 - 06:19 PM

Assume a boots on the ground Vietnam veteran had agent orange presumptive IHD but did not file a IHD disability claim prior to his death from a heart attack. Also, assume the veteran had another service connected disability rated at 100% P&T less than 10 years prior to his death.

Is there anyway his surviving spouse could qualify for DIC as a result of his death due to his IHD?

Your input is appreciated.

Georgiapapa...

#2 JT24usn

 
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Posted 18 December 2012 - 07:29 PM

Remember IHD is a presumptive of AO. Even if not service connected at time of death your spouse can file and should be fairly easy I'd rvn is conceded and confirmed diagnosis. Then it is just a matter if the RO getting off their duff and completing her claim

This may sound morbid, but full out the 534/530 now for her and put it in a safe place. That way, all she has to do us submit it. Jmho

http://www.benefits....d_indemnity.asp

#3 georgiapapa

 
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Posted 19 December 2012 - 04:23 PM

Thank all of you for your input. You have given me a lot of food for thought.

Georgiapapa...

#4 meghp0405

 
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Posted 06 January 2013 - 11:43 AM

Thank all of you for your input. You have given me a lot of food for thought.

Georgiapapa...

 

yes a claim for DIC can be submitted. The cause of death on the veterans death certificate has to be a presumptive disability. Then all you would need to file is a copy of his DD FM 214, death certificate, marriage certificate, VA FM 21-534ez.



#5 jbasser

 
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Posted 06 January 2013 - 12:30 PM

The disability has to either  cause the death or be a contributing factor also.

 

J



#6 georgiapapa

 
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Posted 06 January 2013 - 03:41 PM

I am already service connected 100% P & T for an agent orange presumptive disease and I was in the process of filing a claim for IHD. However, I feel the risk of filing another claim is not worth it if this may cause the VA to take another look at my current 100% disability rating. Since my wife would have a legitimate claim for DIC in the event I die from IHD regardless of whether I had already been service connected for IHD prior to my death, it just doesn't make sense to me to file for IHD now.

Your comments in response to my post seem to support my position on not filing for IHD.

Thanks again,

Georgiapapa...