tdiu Dic

[Guest Berta]

dont remember what post this under yesterday-

DIC is payable

as direct service connected death,

also " as if service connected" under 38 USC 1318-the ten year rule-with some ancillary benefits-

also under 38 USC 1312- (direct SC death)

(see 38 USC 1318 a and b to include POW rule)

and also "as if" service connected under Sec 1151 -what I get-with limited ancillary benefits.

A surviving widow or widower should request service connected death under any potential

avenue of this award-

SC conditions do not have to directly cause death but if they contribute to it (by medical evidence) the direct SC death should be awarded.

"Survivors are eligible even if the veteran's total rating was not based on a schedular evaluation of the service connected disabilty but on individual unemployability."

NVLSP VBM 2005 Ed Page 542

They give example as say the vet was rated for SC IU for ten years prior to death- she had a total SC psychiatric condition,precluding employement. The death makes that disability permanent as it has lasted the veteran's lifetime. The surviving husband of this veteran could be successful in a DIC claim.

I would think that this surviving spouse should request either direct SC death -(as the veteran's SC COULD have in some way contributed to her death based on medical evidence or an IMO)or DIC under the Sec 1318 award.

Edited January 7, 2006 by Berta

[WeAre#1]

dont remember what post this under yesterday-

DIC is payable

as direct service connected death,

also " as if service connected" under 38 USC 1318-the ten year rule-with some ancillary benefits-

also under 38 USC 1312- (direct SC death)

(see 38 USC 1318 a and b to include POW rule)

and also "as if" service connected under Sec 1151 -what I get-with limited ancillary benefits.

A surviving widow or widower should request service connected death under any potential

avenue of this award-

SC conditions do not have to directly cause death but if they contribute to it (by medical evidence) the direct SC death should be awarded.

"Survivors are eligible even if the veteran's total rating was not based on a schedular evaluation of the service connected disabilty but on individual unemployability."

NVLSP VBM 2005 Ed Page 542

They give example as say the vet was rated for SC IU for ten years prior to death- she had a total SC psychiatric condition,precluding employement. The death makes that disability permanent as it has lasted the veteran's lifetime. The surviving husband of this veteran could be successful in a DIC claim.

I would think that this surviving spouse should request either direct SC death -(as the veteran's SC COULD have in some way contributed to her death based on medical evidence or an IMO)or DIC under the Sec 1318 award.

Yhe only clarification needed is that va will not trasnport deceased for a non service connected cause of death even while on IU. Death must be service connected for increased burial payment and transportation payment. If on IU (and meet 10 year rule), and death is non service connected, DIC will be paid, but transportation will not and increased burial will not. I never said DIC will not be paid.

Edited January 7, 2006 by WeAre#1