vlb-hadit-discount

vlb-all-products

vlb-c-file-manual





Sign in to follow this  
Followers 0
evandc

Dic For Widow Of Als Veteran

14 posts in this topic

Have widow of Vietnam Veteran that died several years ago of ALS. She has recently remarried & is 58-60 years old. Can't she file for DIC & other benefits since death was due to ALS? Another vet sent me email & I knew this vet but am not sure the exact date he died & she remarried. I can get all that & her age if needed to answer her question.

Thanks for your help,

Don

Share this post


Link to post
Share on other sites



I don't know the ins and outs of DIC but she can definitely file if the cause of death is listed as ALS. If the claim is submitted prior to September payment should be retroactive to September 08.

Share this post


Link to post
Share on other sites

The newest reg on remarried widows is:

"In general, entitlement to VA benefits as a surviving spouse

terminates with the remarriage of the surviving spouse, and

cannot be reinstated until the subsequent marriage has ended,

such as by death, divorce, or annulment. See 38 U.S.C.A.

§ 103(d); 38 C.F.R. § 3.55.

Recent legislation has set forth

some limited exceptions, providing for specific benefits to

certain surviving spouses whose remarriages are still intact.

In the Veterans Benefits Act of 2002, retention of CHAMPVA

benefits was authorized for surviving spouses who remarried

after the age of 55. See Pub. L. 107-330, § 101(a), 116

Stat. 2820 (2002) (codified at 38 U.S.C.A. § 103(d)(2)(:angry:).

The following year, legislation was enacted, permitting

surviving spouses who remarried after the age of 57 to retain

additional VA benefits, such as DIC and dependents'

educational assistance. See Veterans Benefits Act of 2003,

Pub. L. 108-123, § 101(a), 117 Stat. 2651 (2003) (codified at

38 U.S.C.A. § 103(d)(2)(:o)."

I think the key word in this reg is " retain".

I get DIC and am over 57 so I could remarry and "retain" my established DIC because it was awarded long ago.

But for any widow who is not receiving DIC already- I do not think they can apply for and receive it as the spouse of someone else.

If I can find more info -will let you know.

Share this post


Link to post
Share on other sites

I did not think that ALS was automatic for Viet Nam only Gulf War?

Share this post


Link to post
Share on other sites

ALS is a presumptive condition now for all veterans who served 90 days of continuous active service.

AL however is now on the Agent Orange presumptive list.

Many vet web sites were confused when these 2 different disabilities were found presumptive.I have a post here somewhere on the difference.

AL Vietnam veterans vets are class action members of the Nehmer Decisions.

Share this post


Link to post
Share on other sites

§ 3.318 Presumptive service connection for amyotrophic lateral sclerosis

(a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease.

(b) Service connection will not be established under this section:

(1) If there is affirmative evidence that amyotrophic lateral sclerosis was not incurred during or aggravated by active military, naval, or air service;

(2) If there is affirmative evidence that amyotrophic lateral sclerosis is due to the veteran's own willful misconduct; or

(3) If the veteran did not have active, continuous service of 90 days or more.

(Authority: 38 U.S.C. 501(a)(1))

[73 FR 54693, Sept. 23, 2008]

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0