spousal benefits

[Elaine]

This question may have already been asked and answered.  I am new to this forum.  Please bear with me as I navigate my way through this.

My husband is a VietNam Veteran.  He is 68, I am 62.  He was rated 100% disabled for various service connected issues for employability in 2014..  He was paid 10 years retroactive.  It is my understanding he has to be disabled for 10 years before I can get spousal death benefits.  Does that 10 years begin when he was rated 100% in 2014, or does it begin at the retroactive date?  Also, I have ChampVa.  Is the ChampVa also considered for the 10 years or do I have that for life even if he died before the 10 years?  All this plays a role in my retirement plans.  Thank you for any help you can give me.

[broncovet]

Excellent questions.  Let me see if I can help. 

The "10 years" you are referring to is probably DIC benefits.  This means that if your husband dies for any reason, after the "effective date" of his 100 percent, then you should get DIC.  Of course, you have to apply.  

Everything goes on the "effective date" which will be included with your decision.  Its not your fault it took the VA 10 years to approve your husbands benefits.  (Thus the 10 years of retro).  

If he dies before the 10 year period, then you only get DIC benefits if he dies from a service connected condition.  After 10 years, its if he dies from any reason that you can get DIC.  

For more precise details, read this, as the length of time you are married plays a part:

https://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

[broncovet]

The amounts you can expect, if you meet the applicable criteria, are here:

https://benefits.va.gov/Compensation/current_rates_dic.asp

[Berta]

Right- with CHAMPVA that means your husband is 100% Permanent and Total. You have to get Medicare Part A and Part B (not sure of th age for that

 "Is the ChampVa also considered for the 10 years or do I have that for life even if he died before the 10 years?"

It is, in essence, CHAMPVA for life,unless you remarry after his demise and are not 55 or over.

"Eligibility for CHAMPVA ends at midnight on the date of your remarriage, if you remarry prior to age 55. If you remarry on or after your 55^th birthday, the Veterans Benefit Act of 2002, Public Law 107-330, allows you to keep your CHAMPVA benefits."https://www.va.gov/COMMUNITYCARE/programs/dependents/champva/champva_eligibility.asp

My EED for CHAMPVA is Nov 1991. My husband died in 1994. I still am on CHAMPVA and it is Wonderful.

100% SC PTSD P & T

You are also eligible for Chapter 35 DEA (Educational Benefits) I used that too and that was Great!

I am surprised at the retro he got and am confused by the 100%-because of the "a' part on the regulations:

"The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office." (source- above link)

Ay some point CHAMPVA recipients have to get Medicare Part A and Part B to retain their CHAMPVA. I dont remember what age they need to be-but the CHAMPVA web site has that info.

 

[Elaine]

Thank you.  I think I have a good idea now of what it is all about.  This will help me to decide my finances for retirement. Yes, it took 10 years of fighting to get him the benefits he deserved.  

Thank you both for your excellent answers.  I didn't know where else to go to find these answers.