Married Disabled

[catt02189]

I have searched the web and it seems regulations I could find before are hiding from me, but I have never found this one.

Could someone please tell me where I can find the regulations concerning pay of two married disabled veterans?

While I am at it, I guess I will ask for the one that now appears elusive. I found on the web a while back the pay instructions for someone with a 21 day certificate or convelescing from surgery that pay was to be effective the day of discharge or date of surgery to be prorated. Now I can't find it. I have looked in the Chapter 38 regulation, but that isn't instructions for pay. These were actually telling the VA employee how to figuer it.

Thank you.

[Berta]

Everything you need to know should be found here on the 21 day and the convalesense comp:

http://64.233.167.104/search?q=cache:xcwtS5OE27YJ:www.warm

It is my understanding that two married disabled veterans are technically dependents of each other so that would be part of their comp and added into each check-

at least if I ran the VA I would do it that way.

I am not sure and have not found that reg yet- maybe someone else knows better on that ----

[carlie]

Berta,

I can't get that URL.

carlie

[Berta]

M21-1MR, Part IV, Subpart ii, Chapter 2, Section J

M21-1MR, Part IV, Subpart ii, Chapter 2, Section J

11/26/02 M21-1MR, Part IV

Section J. Compensation Under 38 CFR 4.28, 38 CFR 4.29, and 38 CFR 4.30

Try

http://64.233.167.104/search?q=cache:xcwtS...us&ie=UTF-8

[catt02189]

Thank you for the link. It was a little more specific than what I was currently running across. Wish I could find those prorating instructions though.

Still, my interpretation of the information on the link you provided is that the effective date is the date of discharge or outpatient surgery (which is the one that applies in this situation). So, he should go to the 100% for a previous SC disability as of the date of surgery, not the following 1st of the month.

Thank You.

[Berta]

The VA pays two types of awards-

any 21 day or longer VA hospitalization for a SC condition

(to include the VA's In House 21 day PTSD Treatment Program)requires the VA to pay 100% comp for the full month that includes the 21 day stay.

The VA will also pay a convalescense rating as defined within 38 CFR 4.16

we have links to these regs here and also try Temporary 100% Ratings based on Convalescence (TDCC) in our search or topics feature where I posted them already-

A TDCC rating requires one of the criteria listed -effective from date of admission and usually the limit to this benefit can be extended as the regs show- with medical evidence requiring further TDCC rating.

[tssnave]

As for the 2 disabled vets - I'm also curious about this.

I would assume that since you each have your own disability C-file there shouldn't be any problem with both of your drawing your disability pay just as there's no problem with each of you having a VA home loan eligibility independent of one another.

To add another level of complexity to the question, and with more females in the military this has surely come up, what if you have two disabled vets and one of them dies of the sc disability - is the surviving spouse (a disabled vet) still allowed to collect DIC in addition to their own disability pay?

The reason I ask is that the spouse of a 100% P&T disabled vet who has used 48 months of their own education benefits cannot receive any more education benefits as the spouse of a disabled 100% P&T vet, which I think is wrong. Ergo, it would not surprise me if they didn't allow disabled vets to draw DIC. Just speculation on my part so if someone could post the correct answer I'd appreciate it.

While I'm on my "I don't agree w/ VA policy" soapbox - it seems stupid to me that the VA penalizes a married veteran who is seeking a pension by counting their spouse's income when the single veteran has only their own income counted for VA pension purposes. Ask Betty, she's lived the VA marriage penalty for years and didn't get her VA pension because her husband made too much money. If she were single she would have but as a married veteran she was denied this benefit.

Anyone know the answer to whether or not the surving spouse who is also a disabled vet is able to draw DIC if their spouse dies of a sc disablility?

Thanks,

TS Snave