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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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Question

If a person was granted 100% TDIU retroactive back 10 years, would a surviving spouse have immediate entitlement to DIC, if the veteran dies of a non service connected disability.

Happy Trails

Paul

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http://vlex.com/vid/19773864

DIC is a monthly benefit paid to eligible survivors of a military service member who died while on active duty,

OR

veteran whose death resulted from a service-related injury or disease,

OR

veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death,

OR

since the veteran’s release from active duty and for at least five years immediately preceding death,

OR

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

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http://vlex.com/vid/19773864

DIC is a monthly benefit paid to eligible survivors of a military service member who died while on active duty,

OR

veteran whose death resulted from a service-related injury or disease,

OR

veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death, Would this be retroactive, if a claim was retroactive back 10 years?

OR

since the veteran’s release from active duty and for at least five years immediately preceding death,

OR

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

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Quote: veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death . . .

QUESTION: Would this be retroactive, if a claim was retroactive back 10 years?

ANSWER: I'd have to do up VA Regulations to support my assersion, that yes, your effective date of claim (so called retreoactive) would be used to calculate that 10 years. Also, take a look at the paragraph above, see that "entitled to recieve" would also apply to your question.

Kick this post a couple times, and hopefull a member will step in with supporting law. ~Wings

Edited by Wings

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i also wondered about this ... i was back dated in 2003 for 100 IU but not offically made PT till 2004 so i always figured that i needed to stay kicking till at least 2014 for the wife to get DIC ... i am sure if your PTSD they would say it was NON service connected if you passed ... most likley a person passes by stroke or heart or the big C... and they would most likley say .. not service connected to PTSD

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Yes. Once rated 100% the effective date starts the count for 10 years. Does not mater TDIU or P&T just 100%.

Of course the other rules still apply as if a Veteran dies due to a Service Connected Injury than the spouse gets DIC.

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