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Dic--survivors Of Pow

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uNDER 38 USC 1318 if a FORMER POW DIED AFTER SEPTEMBER 30, 1999 AND WAS RATED 100% FOR ONE YEAR OR MORE PRIOR TO DEATH A WIDOW CAN RECEIVE DEATH AND INDEMNITY COMPENSATION. I'm still advocating for veterans, their dependents and survivors while I am attending college. One of the people I encountered recently is a homeless disabled man who is not a veteran but is the son of an elderly vet in a rest home who needs help on a claim. This disabled man told me about a former POw's widow who lives in Plains, Montana twenty miles from where I live. From the internet I found out about 38 USC 1318 and told her to apply for DIC because her husband died after september 30, 1999 and was rated 100% for service connected disabilities for one year or more.

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from M21-Chap 4:

Change 216

26.13.2 DIC REFORM—PUBLIC LAW 106-117

a. Payment of Ancillary Benefits. Section 502 of Pub. L. 106-117 restores entitlement to health care benefits under 38 U.S.C. Chapter 17 (CHAMPVA), Chapter 35 education benefits, and housing loans under 38 U.S.C. Chapter 37 if the remarriage has been terminated by death or divorce. This provision of the law also applies to a surviving spouse who has ceased living with another person and holding himself or herself out openly to the public as that person’s spouse. This provision of the law is effective December 1, 1999. These benefits are not payable for the period from October 1, 1998, through November 30, 1999.

b. Payment of DIC under 38 U.S.C. 1318 for Former Prisoners of War (POW). Section 501 of Pub. L. 106-117 authorizes payment of DIC to the survivors of former POWs who died after September 30, 1999, and who were rated totally disabled for a service-connected disability continuously for a period of not less than one year immediately preceding death. This provision is effective November 30, 1999.

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