Veteran Appeal | Denied DIC Claim | Cameron Firm PC

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How to Appeal a Denied DIC Claim Under the Appeals Modernization Act
The Veteran Appeals Improvement and Modernization Act, known as the AMA, substantially changed the landscape for appealing denied claims. Instead of filing the same type of notice of disagreement and appeal form for every denied claim, veterans now have faster options for some types of claims.
Dependency and Indemnity Compensation benefits, known as DIC benefits, are available to surviving spouses, children, or parents of servicemembers who die in the line of duty, or veterans who die as a result of a service-connected condition.
Surviving spouses are eligible for benefits if they were married to the veteran at the time of death or were separated through no fault of their own. Additionally, the marriage must have lasted at least one year, the marriage took place within 15 years of discharge, or the couple had at least one child together. Surviving children can be biological or adopted and are eligible for benefits if there is no surviving spouse, the children are not married, and they are under 18 years of age or 23 years of age if attending school. Finally, if no surviving spouse or children are eligible, surviving parents are eligible for benefits if their income is under a certain amount and they are the biological, adoptive, or foster parents of the veteran.
DIC claims are complex and are often denied. For denials on technical grounds or in which the claimant believes the claims examiner has made a mistake or overlooked evidence, the best appeal option is the higher-level review established by the AMA. Higher-level review essentially means the claim is fast-tracked to a senior claims examiner rather than a judge and reviewed in depth. Often, mistakes are corrected at this juncture.
For substantive denials, denials based on lack of evidence, or denials without a clear basis, an old-fashioned notice of disagreement and appeal is a better option. More fact-finding and evidence gathering can take place, which increases the chances of a grant.
No matter how straightforward a claim for DIC may seem to be, an experienced attorney is always critical in dealing with the VA disability claims process.
US COURT OF APPEALS FOR VETERANS CLAIMS
SPECIAL MONTHLY COMPENSATION
TOTAL DISABILITY INDIVIDUAL UNEMPLOYABILITY
DISABILITIES DUE TO AGENT ORANGE EXPOSURE
DEPENDENCY INDEMNITY COMPENSATION
POST TRAUMATIC STRESS DISORDER (PTSD)
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