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Dic Will I Be Eligible To Receive This Benefit If Anything Happens To Spouse


cruiser07

Question

I have a question regarding DIC and if I will be eligible to receive this benefit if anything happens to my husband. My husband is a Vietnam veteran and is now 63 years old. He was injured in Vietnam and spent one year in the hospital as he lost 1/2 lung with many other internal injuries (i.e. some of his ribs were floating). He tried to work after release from hospital but he would end up with a collapsed lung due to the floating ribs. After 3 or 4 punctures to his lung over 7 years the VA rated him at 100% disabled. This was over 35 years ago. He followed the rules and went to his evaluation/medical exams but has NOT been re-examined in over 20+ years.

I am his second wife and we have been married for 18 years. I applied for ChampVA 10 years ago and I now receive this benefit. I would like to know if I will be eligible for DIC benefit if my husband passes away from non-service connected reasons. We are in the process of planning for retirement and trying to understand if I will receive this benefit.

I called the VA twice. The first person I spoke to 3 years ago - I asked if I would be eligible for DIC and she told me that since I was already approved to receive ChampVA, I will be able to receive DIC. The second time I contacted the VA (just recently), the person told me that my husband is NOT P&T so I would NOT be eligible. Here's the hook, we received the annual letter from the VA in 2010 that says the following:

VA Benefits:

Service connected disability: YES

Your combined service-connect evaluation is: 100 PERCENT

Your currently monthly award amount is: XXXX

Are you being paid at 100 percnet rate because you are unemployable due to your service connected disabilities: YES

Are you considered to be totally and permanently disabled due to your service-connected disabilities: YES

Have you received a Specially Adapted Housing (SAH) and/or Special Home Adaptation (SHA) grant: NO

Then we received another letter in 2012 and it does NOT state that he is totally and permantly disabled - the 2012 letter reads like this:

VA Benefits Information:

Service-connected disability: YES
Your combined service-connected evaluation is: 100 PERCENT

The effective date of the last change to your current award was: 01-DEC-2011

Your current monthly award amount is: XXXX

Are you being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: YES

Also on the 2012 letter there is a line that says the effective of the last change to award was 01-DEC-2011.... what does this mean - my husband has not been seen or re-evaluated for over 20 years. I am concerned about this date meaning that they changed his rating and then it could affect the 10 year rule as well.

The person at the VA that I spoke to recently, told me the letter sent to us in 2010 stating my husband was permanent and total "was a MISTAKE" and I will NOT be eligible for DIC.

Another part of this question is that my husband would like to utilize some of the VA benefits, specifically for hearing aids. For the past 18 years, I insure my husband on my medical plan through work so he has not had to receive medical care at the VA. In order to utilize the VA for hearing aids, he must go to the VA and get a primary care physician. He is afraid to do this as he does not want to open a can of worms because he has not been evaluated in over 20 years.

On the same note, should we apply for P&T and if yes, will that initiate another evaluation even though his is 63 years old - the fear would be that they reduce is percentage and lower his disability. Also, the VA rep I spoke to recently told me that my husband should have applied for SSDI - which again will involve more examinations and we are concerned this may lead to lowering his disability percentage.

I know this is a lot of info, but I was not able to find the answers specifically to our situation. We have spoken to a VA representation in our local area but he does not have any information that is helpful.

We look forward to your helpful responses. Many thanks in advance!!!

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It would be a good idea to make an appointment with the VA to see his C file....Then again, will he be with you?

I dont know if VA will allow spouses (and not the vet) to see the veteran's records.

I do know that after a vet dies, the spouse must prove their relationship to the veteran to get them.

However it is often better to request a complete copy of the C file. It can take time to get that,but a c file copy can be very valuable to have.

These are a few links regarding the DIC benefit.

http://benefits.va.gov/COMPENSATION/types-dependency_and_indemnity.asp

http://www.purpleheart.org/ServiceProgram/Training2010/21-%20DIC%20Tuesday%20Handout%201,%20BYERS.pdf

Since your son was denied for Chap 35,( unless he was over 26 or there were other causes for the denial,

that had nothing to do with the P & T rating), yet you stated that you receive CHAMPVA, something is obviously wrong.

"I guess I am trying to understand if his letters do not say P&T (except for the 2010 letter which I told was a mistake), is he really P&T and I don't have to worry about this or should I open the can of worms and start digging into records at RO?"

In my opinion it would be far better to open any potential 'can of worms' Now and not after he should become deceased.

I assume that he has been 100% continuously for decades and would have a considerable amount of continuous medical evidence ( private and/or VA evidence) to support the 100% rating as well as the P & T rating.

As a widow of a veteran, and here at hadit for almost 17 years , I have presented the multiple problems my DIC claims involved.,hoping that information would stave off these problems for other surviving spouses.

One major VARO problem involving my husband's rating,began in his lifetime, and I was able to resolve it, after he died suddenly, but that resolve took 3 years.

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  • HadIt.com Elder

You need to find his first award letter dating back to when he was FIRST awarded the 100% P & T. and any letter proposed to reduce his 100% P&T that's what you need to look for in his C-FILE and of course any other disgreement's.

if you don't request his C-FILE by mail and you make an appointment Ms Berta had some good points rather or not he needs to be with you? usually yes he does however you can request when you make the appointment that you are his POA and he can not travel due to his disability's and ask that you are able to see his C-FILE you may need to take marriage lic and proff you are his spouse ask the VA what Idenifcations you may need they should tell you...do this before you make the trip.

I was just thinking this just for this conversation just what I was thinking about...

About the mistake on his P& T 2010 letter ''clerk from RO said it was a mistake''....& The change about the effective date (what the change was?)& why they came to that decision.

THE DATE OF 01 Dec 2011 stating'' the effective date on the last change to your award'' The VA has to state what that change was!

In my opinion the RO clerk should never told you that was a mistake he was not P&T all of this should be in writing!

I think maybe something was lost in the mail?? and you guys never received the letters the VA sent out... if they did?

What if this veteran ''never received'' the letter(any letters) telling about this change? and he never knew anything about it?

would that be CUE?

AS for as him being evaluated he should be protected from the 20 year rule like Phillip Rogers stated above.

As for as opening a can of worms, if he never received a letter propose to reduce his 100% P&T ... I would wait because right now he is consider to be 100% P& T.... & you are getting ChampVA...That's not been taken away That's your prof he is 100% P&T & as for him not going to the VAMC in years that's fine too, can use his private Dr's exams that was on your insurance...that's good evidence as to his disability's

I suggest you research DIC In reguards to your question about service connection & non service connection widow benefits. hadit has some web sites for that & Ms Berta put up some good links.

Edited by britton
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  • HadIt.com Elder

cruiser07,

The VA messes up veterans claims all the time they have a few ''careless VSO working for them and its quite possible someone slipped up and mailed the wrong yearly letters....They been know to do that and also lose the veterans claims altogether.

I could be wrong but it is my understanding when a veteran is awarded 100% P&T that's it... he should be able to relax and enjoy his life the best he can and not worry about having any new exams.

P&T Means he is Totally & Permamently Disable and some award letters say this veterans disabilitys are of nature and no further exam's /evaluations scheduled. That means to me his disability's will not get better. & unless the VA finds precise new evidence stating'' the veteran disability's have gotten better over the years''.....

The VA sends out proposal to reduce and if you guys have not received a letter then you should not worry!

You can request a DRO hearing to settle this about P/T... and put your mind at ease

As we all know the VA Can call us veterans up any time for a new evaluation but that's most like not to happen especially after 20 or longer years being rated 100% P&T.

Edited by britton
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