Jump to content


  • hate-ads-subscribe-now.jpg

  • Ad
  • Ad
  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ad

Recommended Posts




Veterans Benefits Administration

Washington, D.C. 20420

October 21, 2010

Director (00/21)

All VA Regional Offices and Centers

Fast Letter 10-45

SUBJ: Delayed Payment Provision of 38 C.F.R. §3.31 and Certain Dependency and Indemnity Compensation (DIC) Awards for Schoolchildren


This letter revises procedures for awarding DIC benefits to a child receiving benefits under an apportioned DIC award (e.g., a surviving spouse exists) when the child becomes entitled to DIC based on school attendance.

We have determined that the delayed payment provision of 38 C.F.R. §3.31 (i.e., "Omnibus" or "OBRA") does not apply in this situation.


When a surviving spouse exists, a minor child [under age 18] is not independently entitled to DIC. If the minor child is in the custody of the surviving spouse, the surviving spouse receives an additional allowance for the child. If the minor child is not in the custody of the surviving spouse, VA generally apportions the additional allowance to the child's fiduciary.

When a surviving spouse exists, a child who attains age 18 and is attending school is eligible for a separate award at the DIC schoolchild rate (see 38 U.S.C. §1314©). If the child is receiving benefits under an apportioned DIC award, current procedures (M21-1MR Part, III, Subpart iii Chapter 6, Section B.5.e) are to make a separate award to the schoolchild effective the date of his or her 18th birthday, continuing the apportioned benefit rate; effective the first day of the month following the child's 18th birthday, the award is adjusted to pay the schoolchild rate.

However, when a surviving spouse exists, the schoolchild rate is less than the minor child apportioned rate. Therefore, the delayed payment provision of 38 C.F.R. §3.31 does not apply. Procedures are revised as follows.

Share this post

Link to post
Share on other sites


Sign in to follow this  

  • Our picks

    • I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
      • 15 replies
    • Feb 2018 on HadIt.com Veteran to Veteran. Sharing top posts and a few statistics with you.
      • 0 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 14 replies
    • VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam


      The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...

      Continue Reading
      • 0 replies