Spouse Benefits

[MikeS]

Hi all:

Are there any va benefits for my spouse if I die?

Thanks.

Mike S.

[Testvet]

are you getting any VA benefits now? If you do not have a retirement plan that pays you at least poverty level then the VA has a "wartime" widows pensions for people who served in a war time period, and they get enough to bring them up to something like 968, so if her SS benefit is less than that they will giver her the difference bewteen the two. There are a lot of factors, in making the determination, are you 100% are you going to die from a SC problem etc. To many variables to jsut say yes or no, it's all in the details.....

[MikeS]

Hi all:

I was granted TDIU total and permanent in August 2002 for PTSD going back to nam.

I am receiving SSDI for the same reason.

I wanted to know if my wife will get any benefits if I die?

Thanks.

Mike S.

[Testvet]

it gets wierd is she over 60? if so then she will get 75% of your SSD check if not then she gets 0 from SS until she reaches 60, are you SC from anything other than PTSD like hypertension or CAD secondary to PTSD Diabtetes II related to AO, if you off yourself because of the PTSD then she will qualify for DIC, if you get your heart conditions if you have them as secondary to the PTSD then if you die from a heart attack she can get DIC, if you live at least 10 years drawing VA she will get DIC, if none of the above apply then she will qualify for the widows pension of I think it's 962 a month but I could be wrong. It's still better than SSI then when she turns 60 and gets 75% of your SSD if it does not equal what the war time pension is they will pay her the difference, now do you have all that straight, cuz I can't do that agian, and I ain't saying that the numbeers are exactly right either. But they is close.

[Guest Berta]

Mike- if you retain a 100% P & T service connected status for ten continuous years then you die after that-the VA will award "as if SC" DIC under 38 CFR 1318.

If your Service connected disability in any way is found to cause or contribute to your death, she can receive direct SC death DIC.

She should definitely state on the widow's app that she is claiming service connected death-

The 1318 award is "as if" and does not come with any ancillary benefits-like direct SC death does-however the P & T status you have should award her CHAMPVA and Chap 35 now-effective from the P & T date-

Death -with PTSD contributing-these are often very difficult claims and need medical evidence that links the cause of death on the death certificate to the PTSD somehow-it can be done but it is very difficult.

We dont talk too much about this but I sure hope that many of you have life insurance-via any VA program or even through AARP-

It can take the VA a very long time to award even a bonafide and obvious DIC death claim.

They will award a death wartime pension ,sooner then the DIC is resolved,if they can, but most widows get some sort of income that knocks that out.

Life insurance isnt cheap but it is something to really consider-because death is expensive.

Best thing- vets- hang on as long as you CAN!

Another thing- it pays to get together all of your paperwork in a special manila folder-

like your DD 214, your will, life insurance policies, and a list of all of your decorations and awards.

In the event of your death at least the spouse will know what he/she needs for the undertaker-

I wrote Rod's obituary myself and the undertaker just had to check the awards against his DD 214 and DD 215 and he put it in the paper the way I wrote it.

Also- if you want a military funeral- the VA does not handle that- someone will have to contact the American Legion for that.

And by all means remember that there are people out there who can get sight from your eyes, burn victims who need human skin grafts and cancer patients who need new transplanted bones.

If you are an organ donor make sure the family knows because they will perform an autopsy

when they harvest your stuff.If you donate a lot it means closed casket or cremation-

Now is always the best time to discuss these things-

Here in NY I never got charged for the Autopsy because Rod was an organ donor.

I dont know if there is ever a charge for autopsys.

(Gee=I see Mike has already relied with some good info-

I make so many typos it takes me time to edit my posts---)

I put my death file stuff together about 3 years ago-

I was afraid the kid would forget all my vet orgs and volunteer jobs in my obit! Now she has a list.

I also put the deed to my site at the VA Cemetery in the file.

Aint that cute- they give you a deed when your spouse is buried there-and they ask you for your date of birth right after the military burial so they know what date to put on the back of your spouses headstone when you die.

Cremains have to follow cremains- if you know what I mean-

I hope they put me on top of him-and not underneath. I have claustrophobia.

Mike- DIC is 1,033 a month now- I think the pension is much lower than that.

I do not know a single widow who could qualify for the pension.

Change Date December 13, 2005 (from M21-1 Dec 2005)

a. When the Issue of Entitlement to Benefits Under 38 U.S.C. 1318 Is Inferred The issue of entitlement to benefits under 38 U.S.C. 1318 is inferred whenever service connection for the cause of death is denied and the veteran had a totally disabling condition at the time of death.

b. Evaluations That Provide Entitlement to Benefits Under 38 U.S.C. 1318 Evaluations that provide entitlement to benefits under 38 U.S.C. 1318 include total evaluations based on

individual unemployability (IU) under 38 CFR 4.16, and

paired organs or extremities under 38 U.S.C. 1160.

c. When Benefits Are Payable Under 38 U.S.C. 1318 Pay DIC to a surviving spouse or children in the same manner as if death were service-connected (SC), if a veteran was in receipt of, or entitled to receive, disability compensation for an SC disability totally disabling for

10 or more years immediately preceding death, or

a continuous period of not less than five years from the time of separation from service until death.

Note: The starting point for calculating the 10-year period is the effective date of the total evaluation.

Continued on next page

2. DIC Under 38 U.S.C. 1318, Continued

d. When Benefits Are Not Payable Under 38 U.S.C. 1318 Benefits under 38 U.S.C. 1318 are not payable if

the cause of death is found to have been the result of a veteran’s own willful misconduct, or

the veteran’s death was wrongfully and intentionally caused by the claimant.

References: For more information on

willful misconduct, see M21-1MR, Part III, Subpart v, 1.D (TBD) or M21-1, Part IV, Chapter 11.04, and

development action the veteran’s death is a homicide, see M21-1MR, Part III, Subpart v, 1.F.22 (TBD) or M21-1, Part IV, Chapter 11.08.

Edited March 5, 2006 by Berta

[red]

Berta, doesn't the time you spend being 100% unemployable before you are 100% t&p count toward the ten years?

[john999]

Red

It does count towards your ten years.