Disability claim after spouse's death

Jim,

I am writing to you once again to ask your help with my husbands claim. I was his caretaker for 3 years. My husband passed away January 2012 while he still had a claim outstanding. The VA addressed his Heart decease and rated it 100% January 2011 (with increments back to 2004) You told me once that I can continue the claim if death occurs but I forgot the steps I think you said I have to fill out a form to do that. My husband died a home with private hospice attending and the Dr. put information on the death certificate relating more to his claim which addresses the Stroke rather than the Heart desease for which he was rated 100%. I am trying to file for a service connected pension because the my only income now will be his Social Security. Please contact me and refresh the steps I have take.

Reply:

My condolences for your loss.

You should first file for DIC. This is the benefit that will provide you with a small monthly check and health care insurance.

Read more here https://www.vawatchdog.org/Benefits_Guide.html

If there was a claim in process at the time of his death, you may pursue it by following the guide you'll find here https://www.vawatchdog.org/how-to-appeal.html (Scroll down to "Substitution of Claimant")

As with all other VA processes, you must carefully follow their precise instructions. Most benefits applications are "timely". This means that you have to meet specific deadlines to be eligible for a particular benefit. These deadlines are somewhat different from one situation to the next so it's always best to try and move ahead as soon as possible. Always keep your records in good order and use certified mail only to communicate with VA. In this time of stress after the loss of a loved one, be very careful who you listen to when seeking advice. Well meaning friends and acquaintances may offer advice that isn't exactly correct.


Source URL: https://dev.statesidelegal.org/disability-claim-after-spouses-death