Hey! Pete!

[free_spirit_etc]

Do you know how the VA determines if a child was dependent on the veteran for 1/2 of their support at the time of their death?

The DOD counts 1/2 support if the veteran and the spouse combined were providing over 1/2 support.

Social Security either uses the pooled fund method (that takes the total household income combined - and allocates support provided by each parent according to their income.) Or if the couple didn't pool their income - they look at what each person provided seperately. They do not count support provided by the spouse as support provided by the person.

I was wondering how the VA does it.

Basically, my son recieved SSI, but my husband provided over 1/2 his support from the time we were married (totalled over the whole time period).

However, as he only lived 5 days in February - and was pretty ill for that time - he didn't buy things for my son, purchase food, etc. So I paid more of these expenses out of MY funds. So because he was ill and died he most likely did not technically provided 1/2 of his support AT THE TIME OF HIS DEATH.

And though his funds were availble for supporting my son in February, his bank accout legally became mine on the day of his death (as I was the joint account holder) so even funds spent from THAT money (to pay housing costs etc.) could technically be considered support provided by ME because the money was legally mine by the time those expenses were paid.

So do you know if the VA counts support provided by the couple as support provided by the vet?

And what do they consider dependent at the TIME OF DEATH?

Can they count it against my son that my husband was sick before he died, and didn't pay as much - or that he died before the mortgage was due and therefore hadn't paid it yet for the month?

Can they give me one of those "child recieved $____ SSI on the first of the month that was available for his support. Veteran paid ___ during the five days he was ALIVE during the month - therefore had not provided over 1/2 of the child support at the time of his death" kind of decisions?

Free

[Berta]

Free- when VA awards DIC they also award it to any child (under 18) I think is the age-and if still in school-

They add it into the DIC amount.It isnt much extra.

If the surviving spouse receives SSA on behalf of a child under 16-that is not a factor in the extra DIC money.

SSI however is completely different and the DIC benefit to a child included in the DIC check might be affected if the child gets SSI instead of SSA benefits due to death of parent.

Here is the Basic DIC rate: for 2007

If you are awarded DIC they go back to the historic applicable rate for the year in which death occurred.

Widows have to check the VA math on this carefully-a DIC claim can take years and the rates change-also eligible children can become adults or graduate from school and are then not part of the DIC monthly amount-

they made error of over 11,000 on my DIC- and I almost didn't question it.

It involved a CUE award for about ten years of DIC the VARO erroneously failed to pay me.

I went to ten years of historic rates -some of which showed my daughter as deoendent-did the math and discovered their large error.They sent the money in 3 weeks after getting my request for it.

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from VA web site:

"Veteran's Death Was On or After January 1, 1993

Effective 12/1/06

Basic Monthly Rate = $1067 (38 U.S.C. 1311(a)(1))

Additional Allowances:

a. Add $228 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))

b. Add the following allowance for each dependent child under age 18: *

Effective 12/1/ $265 per child (38 U.S.C. 1311()

c. If the surviving spouse is entitled to A&A, add $265. (38 U.S.C. 1311©)

d. If the surviving spouse is entitled to Housebound, add $126 (38 U.S.C. 1311(d))

*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(:) will be the additional allowance received for each child.

For historic rate charts on this topic CLICK HERE"

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Edited August 17, 2007 by Berta

[Pete53]

A disabled child is entitled to VA benefits if their parent served if they become disabled before age 18. Its not a well known benefit and to get it you have to jump through a lot of hoops. However, I think it is a better benefit than SSI. You just need to sit down with someone who can explain it. Unlikely that most SO's even know about it.

I find it rather amazing that Veterans have to know to ask for benefits that they earned and the VA won't tell you. They have to find out through something like Hadit of pure luck.