Need adivise.. husband passed away..

This is part of the lost year for me in the VAMC trying to stay alive while the VAMC tried to kill me.

MplsWidow
Registered: 06/13/09
Posts: 2

	06/13/09	#1

My husband was a Marine did boot camp at Paris Island in 1973..he was only there a week shy of 3 months.. he still got a honorable discharge.. he found out he had hcv in the 90’s.. had first liver transplant in 2006 second transplant this May, passed away a week after..we always knew he got hcv from the jet gun.. he was not a IV drug user, never had any tattoo’s nor had any surgeries or blood transfusions before he was told he had hcv… he was geno type 3a.. The VA told me I was not intitled to any benefits..I knew that since he did not do the three months.. but if I can prove service related I might be intitled to something.. they would have buried him at Fort Snelling but he wanted to be cremated and be home.. so I have his ashes they payed for nothing but gave me his flag.. what do I do? his liver doctor will write a letter for me and I have researched… We have a 12 yr old but she is a relative we have raised and have custody of since she was 3.. do you think I have a chance? He never used them for any thing and wanted his medical care done by the U of M.. Thanks for any ideas or tips.
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	06/14/09	#2

Please accept my condolences on the loss of your husband.Unfortunately, I don’t have an answer for you on how to approach this issue but, I do know somebody will come along shortly to offer you thoughts and perhaps some advice on your questions. Again, I send my heartfelt sympathy to you and your family.
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orfinanee
Registered: 06/14/09
Posts: 2

	06/14/09	#3

I am very sorry that you lost your husband because of HCV. My husband died in 2002 from liver cancer. He had filed a claim for service connection for his hepatitis and his claim was denied a few months before his death. I was also told I was not eligable for compensation but I filed a claim for DIC because his hepatitis was service connected and the cause of his death. I filed within a year after his death, was denied, appealed their decision and my appeal was remanded in Feb 2008, so I am still waiting.You have 1 year from the date of your late husbands death to file a claim for DIC. If you decide to file a claim with VA, get all your ducks in a row 1st. On the left of this page you will see links to print VA Forms. 1) Use SF 180 to request a copy of all your husbands military medical records (including his immuniztion records) from the National Personnel Records Center in St. Louis, MO. 2) Request copies of all your husbands private medical records, including lab reports from as far back as you can. 3) Have your husbands liver doctor use the Nexus Form to write his letter for you. Research this site and the HCVet site for the do’s and don’ts for this letter. 4) Use the Appl. for DIC, Death Pension 21-534 when you feel ready to file your claim and send it to your local VA Regional Office (include a copy of your husbands death cert. and a statement claiming that your husband was infected with the hepatitis virus during service that ultimetly took his life). I hope this helps some. I know your heart is broken and the future looks very empty. No matter what you decide to do about filing a claim, I walked that road and you can call on me anytime….
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	06/14/09	#4

Orfinanee….Thank you for coming along and offering MplsWidow some personal advice. I’ve thought about you all day MplsWidow. My heart and soul go out to you…. Orfinanee…. There are alot of members here who can offer you some advice on your situation as well. Not sure if its 8 or 10 years SC prior to a Veterans death (I’m going to look this up as soon as I post this), then you are entitled to much more than DIC. Was he 100% SC? What is the effective date of the SC? My hearts are with you ladies. My husband is a Vietnam Veteran, Marine Corp., and is stage 4 by recent biopsy. We too are awaiting a BVA decision on SC for the HepC. Many blessings to you both and to your families….
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	06/14/09	#5

Ladies…..Found it. CFR 38, part 3, specifically part 3.10, paragraph (c) It is 8 years totally disabling. You can find a link to the CFR’s to the left under “Search” MplsWidow….. Had your husband filed a claim at all? I’m not sure what the shy of 3 months deal is, but where did he go from Paris Island? If I’m not mistaken, Geno3a is predominantly found in Southeast Asia. Please correct me fellow members if that isn’t correct….. Bottom line is, he was exposed somewhere along the line. Read through Orifinanne’s response, she has been there and in the least we can through you a ladder to hold onto as you climb out of this. Will mention one thing…..getting ALL of his medical records/private and military is very important and you would want to do that before you file a claim, if that is the way you are able to go with this. Always, make copies of anything you send VA and always send it Certified Mail/Return Receipt or even FedEx – something where you have that signature they received it. Regarding the 12 year old, if you have legal custody, you can file for additional comp on her behalf. There is also Social Security available for her. Did your husband apply and receive any Social Secuity Disability? My thoughts and prayers are with you both…. I suspect you will receive more responses to these 2 posts ladies in the next few days…..
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orfinanee
Registered: 06/14/09
Posts: 2

	06/14/09	#6

Hi JensMom, My husband was 40% SC, but not for the hepatitis. So many have helped me along the way and I would be lost without this forum. I hope you get a favorable decision from BVA and I thank you for your warm thoughts….If anything I have learned can help another wife or widow, I am happy to share it.
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MplsWidow
Registered: 06/13/09
Posts: 2

	06/15/09	#7

Thank you for that info… I will send for all his medical records..I do have his liver doctor writing a letter for me.. He was on disability but I am to young to draw on it now and they told me since we did not adopt the child she is not entitled to anything even though we have full custody.. Frank never filed for anything from the Military, he assumed he was not entitled to anything since he left a week before he finished boot camp.. he does have a honorable disharge… You are correct in saying the 3a was not as common here in the usa as 1a, and he had no tatoo’s, no transfusion (until he was already DX’d) and no surgeries until after he already knew he had it…and he was never a iv user.. and it was 30 yrs after inlisting that he was endstage… I have been told by a few not to bother with this and focus elswhere but I want to try to do this.. me and him both know this is how he got hcv and so many did.. I can’t let it go..I want them to admit it… Thank you all for your kind words and input.. Cj
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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94

	06/15/09	#8

Good Luck to you and keep us posted on your progress.Be Well.
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NOD

Manager
Registered: 11/22/08
Posts: 654

	06/25/09	#9

Your info is all viable and on track. The widow, as a surviving one from a Vet honorably discharged, is entitled to a funeral in a military(VA) cemetery. Arlington is so booked up now, you would have to have done something extraordinary from a combat perspective in order to get in. You are, to my knowledge, entitled to $250 (or more) to offset burial expense. You will have to check up on the current value of that. Thank you, L&T, for all you have done here while I have been out and about. Vets generally have more coming than they know, as do their spouses and children. Investigate part 3 (administrative) and look at 3.300 forward. Google VA Burial benefits- investigate!. Knowledge is power. SSD is your greatest asset as well as a VA Pension(yep. you heard me right.) File for it. If you sit and wait and build it, they won’t come. Seek them out. Nod sez Have a nice day.