DIC & for carlie spouse?

[Buck52]

  I hate to be asking  these question so soon  & I  apologize if they seem inappropriate at this time.

Please forgive me.

 

For some reason or another  VA Regs don't mention how long  a SC VETERAN has been married, it just states ''surviving  spouse'' unless I'm just not understanding these Regs?

So I'm thinking Carlie partner Lucy should file an DIC application as soon as she possibly can.

 I'm not sure the STATE OF FLORIDA

Recognizes  how long a marriage has to be in effect  like if a couple lived together for 6 months and not be legally married such as common law, and all I can find in the VA Regs is the surviving spouse just needs the marriage certificate  to prove the marriage

As I understand the spouse is entitled to 50% of what the Decease SC Veteran was getting at the time of death

This could help Lucy & I believe carlie had checked into this DIC Claims for this reason?

I can't remember but it seems she did mention this in a post?

some say a veteran needs to be married for at least 6 months to a year  but in the DIC Regs I can't find that?

 

........Buck

§3.461   Dependency and indemnity compensation.

(a) Conditions under which apportionment may be made. The surviving spouse's award of dependency and indemnity compensation will be apportioned where there is a child or children under 18 years of age and not in the custody of the surviving spouse. The surviving spouse's award of dependency and indemnity compensation will not be apportioned under this condition for a child over the age of 18 years.

(b) Rates payable. (1) The share for each of the chidren under 18 years of age, including those in the surviving spouse's custody as well as those who are not in such custody, will be at rates approved by the Under Secretary for Benefits except when the facts and circumstances in a case warrant special apportionment under §3.451. The share for the surviving spouse will be the difference between the children's share and the total amount payable. In the application of this rule, however, the surviving spouse's share will not be reduced to an amount less than 50 percent of that to which the surviving spouse would otherwise be entitled.

(2) The additional amount of aid and attendance, where applicable, will be added to the surviving spouse's share and not otherwise included in the computation.

(3) Where the surviving spouse has elected to receive dependency and indemnity compensation instead of death compensation, the share of dependency and indemnity compensation for a child or children under 18 years of age will be whichever is the greater:

(i) The apportioned share computed under paragraph (b)(1) of this section; or

(ii) The share which would have been payable as death compensation but not in excess of the total dependency and indemnity compensation.

 

 

[Chuck75]

Digging around - - -

§3.10   Dependency and indemnity compensation rate for a surviving spouse.

(f) Criteria governing section 1311(a)(2) increase. In determining whether a surviving spouse qualifies for the section 1311(a)(2) increase under paragraph (c) of this section, the following standards shall apply.

(1) Marriage requirement. The surviving spouse must have been married to the veteran for the entire eight-year period referenced in paragraph (c) of this section in order to qualify for the section 1311(a)(2) increase.

§ 1318. Benefits for survivors of certain veterans rated totally disabled at time of death

c) Benefits may not be paid under this chapter by reason of this section to a surviving spouse of a veteran unless—
(1) the surviving spouse was married to the veteran for one year or more immediately preceding the veteran’s death;

§ 1102. Special provisions relating to surviving
spouses

(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such
veteran—
(1) before the expiration of fifteen years after the termination of the period of service
in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.

 

What a convoluted Mess! This is only part of the language in  T-38, etc.

Edited November 12, 2015 by Chuck75

[Berta]

Buck, you are misinterpreting the DIC regulations here at hadit .

The spouse does not get 50% of the veteran's comp.

The regulations have a one year marriage criteria.

Common Law DIC is different but depends on the state the common law marriage is recognized in.

Someone posted a list of those states here ,available under a search.

The only change in decades has been the VA's attempt to legally assimulate those regulations for same sex married couples:

http://www.va.gov/opa/pressrel/pressrelease.cfm?id=2562

Chuck, those are the "enhanced" DIC benefits.

As far as I know Florida is not a common law state.

Carlie and Lucy were married on July 16,2015....less than the one year requirement.  That is, I assume Carlie has passed away.

Has anyone heard if that has actually happened?

I think one reason for that one year requirement is that both death and disability are involved in DIC, and prevents situations like this one:

Long ago I had my email addy here and a woman joined the site,asked a few DIC questions and then contacted me via email.

She wanted to marry her veteran boy friend on his death bed. He was a VA hospital and not expected to live much longer.They did not live in a common law state (there is more to common law as well, for VA purposes)

She didn't know him very well at all because she didn't know if he was even service connected and asked me how long the DIC takes to arrive.

Another situation involved a woman who contacted me via the older radio shows, and was trying to scam the US CAVC by

pretending to be a fairly well know veteran's spouse.The court didnt even know he had died.Long story.

I have met since then , 2 local women who also had similar ideas.

As much as we gripe about some regs that seem unfair, the VA takes into account how to protect disabled veterans,too. I feel that is one reason for the one year marriage requirement.

 

This is not the case here at all because as long as I knew Carlie, she was always concerned for Lucy when she died.I dont know too many relationships that lasted as long as theirs did.

Florida is not a common law state as far as I know, but perhaps they have legislation pending that would change that.

But there is more to common law for VA purposes.....most states require that the couple identify themselves as a married couple and continuously co- habit.

This is overwhelmingly sad news about Carlie. I can hardly believe it and my prayer group prayed for her and her family.

I dont know if she had more family then Lucy and Lucy is definitely in my prayers as much as Carlie is.

Sometimes people ,taken off life support, stay alive for a while. I don't even know if Carlie has died.

I cant even believe I just typed that....but many here are so right...she will live, within her posts, here at hadit as long at hadit is

here on the internet.

Anyone here who lives in Florida could possibly check into the latest info on their stand on common law.

Florida at one point did not want to accept same sex marriage provisions under DOMA.

I dont keep up on their state regulations.I live in NY.

Same sex marriage for VA purposes, and common law marriages are controlled by state laws as well as DOMA.

 

 

 

 

 

 

There is a lot to the DIC regulations that everyone here should become familiar with.

 

 

Edited November 12, 2015 by Berta

[iceturkee]

i live in florida and i do not believe it to be a common law state.

[Buck52]

OIC  Ms Berta,

I  wonder if it makes a difference if Lucy can use the under  ''special certain circumstance'' 

being together for 23 years and being legal for a little over 4 months   that should be that they were  together long enough?

it seems that carlie did mention something about DIC if anything happen to her...Hopefully carlie left  will

I'm not sure if the law reads the same  being a same sex marriage.

Seems I read about Florida state laws one time I can't remember but as for as proving a marriage the state of Florida just needs the marriage certificate and not the marriage License...but if the VA requirements are  being married over a year...then special circumstances should prevail.

This will need to be research !

surely there is something  we can help Lucy with.

Edited November 12, 2015 by Buck52

[broncovet]

Thank you, buck for your efforts.  That is what makes this forum so good.  When one of us makes a misinterpretation, the others often point it out.  While I agree with Berta, I do applaud your efforts, and, the next time you may well be right and may notice something that Berta missed.  

I can tell you to refute Berta, you better get up early and do your homework, because she did her homework ESPECIALLY when it comes to DIC, as she is THE premier expert on DIC.   Alex is the undisputed expert on Hep C claims.  No one else is even close.  

Im the expert on fouling up your claim and making it take 13 years for what should have been done in 4 years.

I think all four of us:  Berta, Alex, Buck and myself, deserve a PHD at H and K University (college of hard knocks) in VA claims.    

Edited November 12, 2015 by broncovet

[Buck52]

Ms Berta

I'm not sure about carlie either, but last night I was listening to the hadit radio podcast show and Ms Tbird if I heard correct  they did disconnect the life support at 7:00pm (veterans day) about the time they were talking on the show  Jbasser Ms T and Jerrell.

This is sure hard to write or post about I never in my right mind thought that it would be Ms Carlie.

 

 

 

1. CFR › Title 38 › Chapter I › Part 3 › Subpart A › Section 3.22

38 CFR 3.22 - DIC benefits for survivors of certain veterans rated totally disabled at time of death.

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§ 3.22 DIC benefits for survivors of certain veterans rated totally disabled at time of death.

(a) Even though a veteran died of non-service-connected causes, VA will pay death benefits to the surviving spouse or children in the same manner as if the veteran's death were service-connected, if:

(1) The veteran's death was not the result of his or her own willful misconduct, and

(2) At the time of death, the veteran was receiving, or was entitled to receive, compensation for service-connected disability that was:

(i) Rated by VA as totally disabling for a continuous period of at least 10 years immediately preceding death;

(ii) Rated by VA as totally disabling continuously since the veteran's release from active duty and for at least 5 years immediately preceding death; or

(iii) Rated by VA as totally disabling for a continuous period of not less than one year immediately preceding d

(h) Relationship to survivor benefit plan. For the purpose of 10 U.S.C. 1448(d) and 1450(c) eligibility for benefits under paragraph (a) of this section shall be deemed eligibility for dependency and indemnity compensation under 38 U.S.C. 1311(a).

(Authority: 38 U.S.C. 1318)

Edited November 12, 2015 by Buck52