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cruiser07
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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Berta
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.
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