hurryupnwait Posted December 3, 2008 Share Posted December 3, 2008 If a person was granted 100% TDIU retroactive back 10 years, would a surviving spouse have immediate entitlement to DIC, if the veteran dies of a non service connected disability. Happy Trails Paul Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted December 3, 2008 HadIt.com Elder Share Posted December 3, 2008 http://vlex.com/vid/19773864 DIC is a monthly benefit paid to eligible survivors of a military service member who died while on active duty, OR veteran whose death resulted from a service-related injury or disease, OR veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death, OR since the veteran’s release from active duty and for at least five years immediately preceding death, OR for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999. Link to comment Share on other sites More sharing options...
hurryupnwait Posted December 3, 2008 Author Share Posted December 3, 2008 http://vlex.com/vid/19773864 DIC is a monthly benefit paid to eligible survivors of a military service member who died while on active duty, OR veteran whose death resulted from a service-related injury or disease, OR veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death, Would this be retroactive, if a claim was retroactive back 10 years? OR since the veteran’s release from active duty and for at least five years immediately preceding death, OR for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999. Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted December 4, 2008 HadIt.com Elder Share Posted December 4, 2008 (edited) x x x Quote: veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death . . . QUESTION: Would this be retroactive, if a claim was retroactive back 10 years? ANSWER: I'd have to do up VA Regulations to support my assersion, that yes, your effective date of claim (so called retreoactive) would be used to calculate that 10 years. Also, take a look at the paragraph above, see that "entitled to recieve" would also apply to your question. Kick this post a couple times, and hopefull a member will step in with supporting law. ~Wings Edited December 4, 2008 by Wings Link to comment Share on other sites More sharing options...
robert51 Posted December 4, 2008 Share Posted December 4, 2008 i also wondered about this ... i was back dated in 2003 for 100 IU but not offically made PT till 2004 so i always figured that i needed to stay kicking till at least 2014 for the wife to get DIC ... i am sure if your PTSD they would say it was NON service connected if you passed ... most likley a person passes by stroke or heart or the big C... and they would most likley say .. not service connected to PTSD Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted December 4, 2008 HadIt.com Elder Share Posted December 4, 2008 Yes. Once rated 100% the effective date starts the count for 10 years. Does not mater TDIU or P&T just 100%. Of course the other rules still apply as if a Veteran dies due to a Service Connected Injury than the spouse gets DIC. Link to comment Share on other sites More sharing options...
hurryupnwait Posted December 4, 2008 Author Share Posted December 4, 2008 i also wondered about this ... i was back dated in 2003 for 100 IU but not offically made PT till 2004 so i always figured that i needed to stay kicking till at least 2014 for the wife to get DIC ... i am sure if your PTSD they would say it was NON service connected if you passed ... most likley a person passes by stroke or heart or the big C... and they would most likley say .. not service connected to PTSD Pete Thanks for the info. Robert51 According to Pete's post, your starting date for DIC is 2003 when you first rated at 100%. Therefore, your 10 year date is in 2013. Happy Trails Paul Link to comment Share on other sites More sharing options...
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hurryupnwait
If a person was granted 100% TDIU retroactive back 10 years, would a surviving spouse have immediate entitlement to DIC, if the veteran dies of a non service connected disability.
Happy Trails
Paul
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