We are attaching a series of decisions that deal with the “What if” of passing before one’s claim is accomplished. This situation leaves the battle for DIC in the widow’s lap. The first decision here is what we call a negative objective in FAC parlance. The widow loses because the Vet was not service connected for the hepatocellular carcinoma (HCC).  These are included to illustrate what occurs after the Vet sets off to the Happy Hunting Grounds. Unlike trying to shop for a favorable nexus, the VA is bound by autopsy results in rendering its decision. Period.  If this Vet had had a claim pending for Hep. or was already rated for it and the cause of death was Hep. or one of its ancillary disease processes, the widow would have prevailed.

http://www4.va.gov/vetapp10/files4/1038652.txt

This next decision highlights what happens if you wait too long and marry shortly before your spouse’s death. You must have been married for a year or more prior or have had children with the spouse at any time prior to death.

http://www4.va.gov/vetapp10/files3/1026355.txt

The decision below is an example of what will occur should the Vet pass away during the pendancy of the appeal or before the the BVA has an opportunity to remand the case to the AOJ for a rating.

http://www4.va.gov/vetapp10/files3/1022414.txt

We include the following to foster understanding of substitution:

38 U.S.C. § 5121A has this to say on the subject:

§ 5121A. Substitution in case of death of claimant

(a) Substitution.—

(1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121 (a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion.

(2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations.

(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.

(b) Limitation.— Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.

We probably should have posted information of this nature sooner. We apologize for our tardiness in doing so and hope it has not caused any undue stress on anyone seeking the information.