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      Ardodd: Re Your last paragraph... Your situation is similar to mine and what I am in a current battle with  the VA about; as far as documents go.  I have my copies, but the VA does not!!  (BUT in your case, the VA actually have them...they are just ignoring them)  After reading your post, In my humble opinion, you will prevail.   I have a copy of my claim submitted to VA in 1996 for an AO condition. VA states they do not have a copy of my claim and that they have no records of denying it. While just recently reviewing my C-File;   A VA employee made a actual notation on a "worksheet" admitting to shredding "duplicate" documents in my C-File.    They are just giving you "canned" responses and the person/persons handling you claim has no clue as to what they are actually viewing.  I filed a NOD recently with what I believe to be "concrete evidence" to support my 1996 claim.   Guess what I am doing now.....  I am in the process of preparing documents for another denial as I'm sure my NOD is on the VA Conveyer Belt in Janesville WI and "Inspector 222222" will reject it. So it will be on to a DRO review. Semper Fi
    • Pending Case Dispatch
      I would think its all good, should be any time now, if you want  you can email  BVAOmbudsman@mail.VA.Gov   And ask.
    • Did I get lowballed?
      I had my C&P Exam done in 2013. Out of my exam's, I reviewed some of the measurements the VA took on my shoulder and knees. Considering I was rated at 10% for my right shoulder and 10% each knee I feel as if i've been low balled. I reviewed the VA rating's for my conditions and based on my measurements they are far off from where my percentage should be. Does this happen commonly? I can post my results here to show. I just requested an increase and will have to do this again. But I don't see a point if I will just get low balled again. 
    • NOD - Not Always a Good Idea- Maybe a bit Risky?
      Vets: Thanks again for the wonderful advice and I've come up with a strategy. I found out that my 90% is rounded up from 85.167 based upon what I saw on my input into the calculator. Also, I have a bilateral condition that may not be added in properly when I add it into the VA Disability Calculator? So, it may be a part of a percentage point higher than this but not by much. That all said, I realized I'm further away then I thought about getting to 100%. Based upon all your advice, I've decided to proceed with the NOD. Also, I'm going to only challenge only 3 or 4 contentions instead of the 9 that I was going to do earlier. So, rather then just trying to get to the full 100% now, I'm trying to chip away and get as close as I can to the 100%.  The road to get to 100% may be longer but is a more steady approach. Frankly, If I had received my C-File and got the IMO/IME's from Dr. Ellis, it would have been different because my ammunition would have been so much stronger. The good news is that my SMRs and first disability claim strategy got me to 90%, so it does work. Unfortunately, there are lots of rules that do protect Vets like the Vet Protection Act of 2010, but their is still a "canyon" of subjectivity within the system that can work against Vets and it does. Godspeed Rootbeer22
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      The DD-214 in the remarks says ( VA Code 5099-5003 ) In line 20. I requested a full copy be mailed to me and to the VA RO in New Orleans, LA. 
    • Pending Case Dispatch
      Does anyone else know where this would be heading? Or is it just for the VLJ to sign.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd, What does your actual medical discharge say on it, what medical DX, that is?  And there should be corroborating evidence in your SMR, since they can't well drum you out for medical without actual medical issues. I didn't notice in your posts that you said how you injured your knees to begin with.  And while you're at it, go through your SMR and put together a list of contentions to claim and get on the ball for those.  As you are well aware the VA gives NOTHING away. Even a token rating award must be hard fought with them.  I myself, am in the middle of some deep psyops with them. Semper Fi
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Yes @Bertathat is what they give me Service Connection for. I had went on Wednesday April 1,2015 for the first C/P Exam and on Friday April 4th,2015 the RO in New Orleans called me and told me my Claim for Service Connected Disability for "Patella Femoral Syndrome" was Denied. I disagreed with him for about 30 minutes over the way they did me for so long. And that I was discharged with that disability. The reviewer told me he would call me back on Monday. And on Monday he called back and said he spoke to the examiner and had a doctor look over the C/P and got a opinion from him. Then told me that they had given 10% for both knee's. I thought well its about time they corrected all this.  Wrong. They called "Traumatic Arthritis" and only give me from May 1,2015 forward for pay. And that is why the second C/P Examiner said in her opinion that there was a clear and mistakable error in granting me Service Connection for it and should not be connected at all. I will send you a PM with a scanned copy of both C/P Exams @Berta  
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      "But in all the new examiner went out of her way to make legal statements about my claim in 1991 and then in closing she included that the RO had made a clear and mistakable error in service connecting my for Traumatic Arthritis in the first place." What was the EED for the Traumatic Arthritis? Is that what the 20% is for?
    • Foreign Medical Program
      Anyone have an experience with this program while traveling abroad?   They supposedly reimburse you if you see and pay for a doctor concerning your service connected issues.   Paul

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Disability Payments After Death

Question

After the service compensated disabled vet dies, does the spouse get the monthly compensation or does it end?

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28 answers to this question

It ends.

The spouse is entitled to the last month of compensation due the veteran

Spouses must file VA form 21-534 to re-open for any accrued benefits on any claims the vet had pending in their lifetime as well as for DIC (Dependency and Indemnity COmpensation for themselves and any children under 18)

They have to continue the pending claim of the veteran for accured benefits-with evidence- as well as prove service connected death for the DIC.Accrued claim is a re-open by th suvivor of a pending SC claim.

Accrued benefits are only payable if the 21-534 was filed within one year after the veteran's death.

I get 1154 a month as DIC -the VA web site has the rates for additional dependent payments.

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It ends.

The spouse is entitled to the last month of compensation due the veteran

Spouses must file VA form 21-534 to re-open for any accrued benefits on any claims the vet had pending in their lifetime as well as for DIC (Dependency and Indemnity COmpensation for themselves and any children under 18)

They have to continue the pending claim of the veteran for accured benefits-with evidence- as well as prove service connected death for the DIC.Accrued claim is a re-open by th suvivor of a pending SC claim.

Accrued benefits are only payable if the 21-534 was filed within one year after the veteran's death.

I get 1154 a month as DIC -the VA web site has the rates for additional dependent payments.

Berta, if the veteran is p&t for 10 years and dies, doesn't his spouse receive his disablity check and all the benefits?

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Berta, if the veteran is p&t for 10 years and dies, doesn't his spouse receive his disablity check and all the benefits?

No-the spouse upon application via a 21-534 would be eligible in most cases for DIC if the vet was 100% SC P & T for ten continuous years prior to death.

That status would also mostly likely continue the spouse's CHAMPVA and Chapter 35 benefits.I get this as a widow due to my husband's SC 100% P & T status

at time of his death (a posthumous award).

DIC is a different benefit. The deceased vet's disability check is gone when they die.The widow or widower is eligible for their last comp check-but must make claim to DIC in their own right and in their own name.(21-534 form)The DIC rate is about half of what the 100% comp rate is, with a little more added for dependents.

These are answers in General-there is a lot more to DIC-we are planning on doing a SVR radio show devoted entirely to DIC.

DIC is not reduced by any other income.

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Berta, not to sound dumb, what is the difference between dic and t&P. I am service connected t&p, i will have the rating including two years of tdiu at the end of this june. Will my wife receive my full check or just a portion and will she receive champva. Sorry to bother you, just want to make sure she is taken care of , she is incapacitated with strokes. Thanks.

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Berta, not to sound dumb, what is the difference between dic and t&P. I am service connected t&p, i will have the rating including two years of tdiu at the end of this june. Will my wife receive my full check or just a portion and will she receive champva. Sorry to bother you, just want to make sure she is taken care of , she is incapacitated with strokes. Thanks.

You can file for A&A compensation for your wife. Send in the medical information that she is incapacitated. You can use a VA form 21-4138 or just sent them a letter.

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Their is a widowers Pension if the surviving spuse has been married 10 years amount I believe is on the comp & pension table, & can be accessed from this site.

Sorry ubout your loss.

Ausgmblr

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Would the widow receive the full amount of the service connected t&p benefit after 10 years or just a portion.

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Another tough question. If you are 100% t&p at the time of your death, does the va check on your assets that you leave to your widow before they award the va benefits to your widow. These are difficult questions I know. If you leave her with large assets, will she still receive the check, and the champva benefits. If not, she would go thru the assets that were left in a big hurry. Thanks for any input that is given.

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Red:

If you service connected disability is a cuase of death the spouse will get DIC. Example Veteran has diabetes and dies of heart failure and Doc says Diabetes complications the spouse would get DIC.

Otherwise the Veteran has to live 10 years with 100% and than the spose gets it. I personally feel that th 10 year period is very unfair.

You and your wife are in my prayers and I am glad that you are posting. If she already has ChampVA I think she leeps it.

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Thanks Pete, also, thanks for the prayers. You are always so thoughtful.

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Would the widow receive the full amount of the service connected t&p benefit after 10 years or just a portion.

A widow doesnt receive any of the vet's compensation at all.

If the widow is eligible she receives DIC.

DIC is not income based.

The widow's wartime death pension however is reduced dollar for dollar by income.

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Thanks, Berta, you saved me posting that info! Just so folks don't get confused, DIC and wartime death pension are two different benefits. Currently DIC pays a minimum of $1154 and if the vet was receiving or was qualified for 100% in the 8yrs prior to their death and the spouse was married to them that immediate 8yrs prior, there is an additional $246. I believe the rates are different, depending on paygrade attained in service. Also, if surviving spouse

is eligible for A&A, there's an additional $286 and if eligible for housebound an additional $135.

pr

A widow doesnt receive any of the vet's compensation at all.

If the widow is eligible she receives DIC.

DIC is not income based.

The widow's wartime death pension however is reduced dollar for dollar by income.

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Philip: The rates for DIC are dependent upon the grade of the disabled Service Member only if the Service Member had passed away prior to Jan 1, 1993; for deaths on or after 1 Jan 1993 the DIC rates are just as you cited.

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Thanks- you are right- there is- as I mentioned here before-a lot to the DIC regs.

Service reps dont usually even keep up with the regs as they change.

DIC rates are different too depending on grade as you said- as to Warrant Officer and Officer Pay grades.

Officer grade DIC spouses can also get 271 ( probably higher with the 2008 COLA for A and A as well as additional 128 for HB ( VBM NVLSP 2008 Edition page 568)

Additional dependency for children is a staged amount.With additional for any child declared "helpess" undr VA's specific Helpless child definition.

Lots to DIC.

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Thanks, knifestuff, I'd forgotten about that!

pr

Philip: The rates for DIC are dependent upon the grade of the disabled Service Member only if the Service Member had passed away prior to Jan 1, 1993; for deaths on or after 1 Jan 1993 the DIC rates are just as you cited.
Edited by Philip Rogers

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Berta and Phillip,

You are speaking of a person who retired in the military, right? Please give me what a widow,of a person who dies, is 100% p&t disabled for 10 years, did not retire from the military, would receive at his death? Thanks for any info that will set me straight on this. I like until the end of June having 10years.

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She will receive $ 1154 per month as DIC benefit with a little extra added for any children under 18- all at the VA Rate schedule-VA web site.

If she is 60 or older she would be eligible for widow's SSA survivor's death benefit as well.

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Thanks Berta, she is 69, incapacitated with a stroke. That is why I am so worried and so interested. Gotta take care of her. She took great care of me for years. I was told not to try and get aa because it opens my case up which is dangerous.

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Or if she is younger than 60 but is deemed to be totally disabled she could draw off of her deceased husband SS. Also another situation would be if she has children 16 yr and younger she could receive for her to take care of the child/children and also receive SS for the children too.( SS pays till kids are 19 now)

She will receive $ 1154 per month as DIC benefit with a little extra added for any children under 18- all at the VA Rate schedule-VA web site.

If she is 60 or older she would be eligible for widow's SSA survivor's death benefit as well.

Edited by halos2

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"SS pays till kids are 19 now"

You mean they overruled the Omnibus Reconciliation ACT?????

Can you give us a link Halos? This is quite new info to me!

A survivor with children who lost SSA for their when they were between 16 and 18 under the Omnibus Reconciliation Act of 1982 I believe- whose spouse dies of direct service connected death is eligible for the REPS program-

my vet rep never heard of it- I hope others do- The REPS entitlement application is part of every 21-534 spplication and REPS (a program from SSA in conjunstion with VA) restroes the 2 year SSA to the parent that the Omnibus Act did away with.

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I am writing regarding SS survivor benefits booklet SSA Publication No. 05-10084 which the SSA sent to me in Nov 08...page 4 " Your unmarried children who are under age 18(or up to age 19 if they are attending elementary school or secondary school full time) can also receive benefits."

Your children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, benefits also can be paid to your stepchildren,grandchildren, or adopted children"...These are some of those who are listed who can get survivor benefits based on the persons work. Your parents too could receive benefits if they are 62 or older and you provided at least half of their support.

When a relative dies...page 7 Regarding the 16 yr old (which I made referrence to) a widow or widower any age with a child under age 16 receives 75% of the workers income...

I wrote of social security info only. You talking about Clinton's Omnibus Reconciliation Act of 1993?? The web is also listed as www.ssa.gov/pubs/10084.html dated jan 2009.

"SS pays till kids are 19 now"

You mean they overruled the Omnibus Reconciliation ACT?????

Can you give us a link Halos? This is quite new info to me!

A survivor with children who lost SSA for their when they were between 16 and 18 under the Omnibus Reconciliation Act of 1982 I believe- whose spouse dies of direct service connected death is eligible for the REPS program-

my vet rep never heard of it- I hope others do- The REPS entitlement application is part of every 21-534 spplication and REPS (a program from SSA in conjunstion with VA) restroes the 2 year SSA to the parent that the Omnibus Act did away with.

Edited by halos2

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Thanks Halos- No President Reagan passed the Omnibus Act I refer to-

you said the key word "disabled" child and you are correct-

parents who receive SSA for none disabled chldren under SSA survivor benefits lose their monthly check for the child when the child attains age 16.

The SSA check for the child still comes to the parent but not the actual SSA benefit for spouse of deceased worker with child.

This lose of SSA is what the REPS program fulfills.

NVLSP makes a strong point in the VBM 2008 edition.

MANY spouses of deceased vets who died of SC causing or contributing to death-

and who had children (bio,adopted or step)under 18 at time of veteran's death can be eligible for the REPS benefit.

Even though my DIC app is 14 years old, I filled out the REPS then and with a proper decision of my pending claim- I will receive the REPS- 2 years of what SSA took away with the Reagan ORA as parent's benefit for child of deceased veteran.

Thanks-I must have missed that you meant "disabled" child.I would think if the child's disability continues beyond age 19 they could still receive SSA.

At least I hope any 100% disabled child would as they become adult.

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See where I got my info? The SS booklet. I could not believe all of the additions made to the 1972 ed Omnibus Recon. Act over all these yrs, found issues with it in 2004 too. I was familiar with Clinton's as he screwed with the Medicare system reembursment system.

Not familiar with REPS system. Am greatful that you share your wealth of knowledge with all of us. What is REPS? Where is it found in the VBM, as I do have one.

Thanks Halos- No President Reagan passed the Omnibus Act I refer to-

you said the key word "disabled" child and you are correct-

parents who receive SSA for none disabled chldren under SSA survivor benefits lose their monthly check for the child when the child attains age 16.

The SSA check for the child still comes to the parent but not the actual SSA benefit for spouse of deceased worker with child.

This lose of SSA is what the REPS program fulfills.

NVLSP makes a strong point in the VBM 2008 edition.

MANY spouses of deceased vets who died of SC causing or contributing to death-

and who had children (bio,adopted or step)under 18 at time of veteran's death can be eligible for the REPS benefit.

Even though my DIC app is 14 years old, I filled out the REPS then and with a proper decision of my pending claim- I will receive the REPS- 2 years of what SSA took away with the Reagan ORA as parent's benefit for child of deceased veteran.

Thanks-I must have missed that you meant "disabled" child.I would think if the child's disability continues beyond age 19 they could still receive SSA.

At least I hope any 100% disabled child would as they become adult.

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It is on pages 518,519, and 520 of the VBM 2008 Edition.

There are some earned income restrictions and there is a potential offset if the survivor is eligible for both REPS and SSA.

I sure need to check out SSA benefits myself- as they have changed over the years.

Halos my former rep never heard of REPS and some other dope service officer told me even with direct SC death award I was not eligible.

This shows how little is known about this program.

Many many years ago I knew from my church - a widow of US Navy vet whose son was about to turn 16 when the veteran suddenly died.

She herself was under 60 and therefore-no SSA survivor benefits for her or for the son as soon as he reached the 16th birthday.

The SSA used to continue as long as the child was in school including college.

This was so unfortunate and last I heard (I moved from the state she was in) she was trying to get DIC.

Talk about getting screwed- she had been a full time housewife with limited work skills.

He had certainly worked all his life and had years of Navy service and yet SSA could not provide for his family. (Reagan's idea to drop these benefits to widows, widowers and children-whether veterans or not)

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Red - here are the rates from the VA's website:

Basic Monthly Rate = $1154 (38 U.S.C. 1311(a)(1))

Additional Allowances:

a. Add $246 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))

b. Add the following allowance for each dependent child under age 18: *

Effective 12/1/08 $286 per child (38 U.S.C. 1311(:lol:)

c. If the surviving spouse is entitled to A&A, add $286. (38 U.S.C. 1311©)

d. If the surviving spouse is entitled to Housebound, add $135 (38 U.S.C. 1311(d))

*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(:lol: will be the additional allowance received for each child.

Berta and Phillip,

You are speaking of a person who retired in the military, right? Please give me what a widow,of a person who dies, is 100% p&t disabled for 10 years, did not retire from the military, would receive at his death? Thanks for any info that will set me straight on this. I like until the end of June having 10years.

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Nice Post PR.

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If the widow is eligible for a pension, she must disclose your assets. If she is applying for DIC, then no.

Another tough question. If you are 100% t&p at the time of your death, does the va check on your assets that you leave to your widow before they award the va benefits to your widow. These are difficult questions I know. If you leave her with large assets, will she still receive the check, and the champva benefits. If not, she would go thru the assets that were left in a big hurry. Thanks for any input that is given.

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