Qq To Berta & Others. Widow Of 100%(ao)

[bob_abad]

Just wanted to help out.

I met a visiting widow(from Phoenix) the other day. Her husband was receiving a military pension(23 yrs of service) and he was also rated 100% from AO related cancer.

> He passed away 12 years ago

> The wife now is receiving $1k/mo and she believes it is from his service retirement pension. She is receiving all the benefits(base PX, health care, etc..)

> She is 56 yrs. old

QQs:

Isn't she entitled from her husband's 100% disabled C & P?

Should I advice her to go to her local VARO(Phoenix)?

Appreciate in advance your advice.

[Philip Rogers]

I'm not sure on the retirement but I believe it depends on how he set up his pension. As to the VA, I believe, she would be entitled to the DIC, plus if she was married to him the 8 yrs just prior to his death, an additional sum of about $300 a month, so her total would be somewhere between $1300 - $1400 a month.

pr

Just wanted to help out.

I met a visiting widow(from Phoenix) the other day. Her husband was receiving a military pension(23 yrs of service) and he was also rated 100% from AO related cancer.

> He passed away 12 years ago

> The wife now is receiving $1k/mo and she believes it is from his service retirement pension. She is receiving all the benefits(base PX, health care, etc..)

> She is 56 yrs. old

QQs:

Isn't she entitled from her husband's 100% disabled C & P?

Should I advice her to go to her local VARO(Phoenix)?

Appreciate in advance your advice.

[sharon]

Under the current law, the surviving spouse of a retired military member who dies from a service connected disability is entitled to Dependency and Indemnity Compensation (DIC) paid by the Veteran's Administration. If the military retiree was also enrolled in the Survivor Benefit Plan (SBP), the surviving spouse's annuity is offset by the amount of DIC ($1154 per month). A pro-rated share of SBP premiums is refunded to the surviving spouse in a lump sum but with no interest.

H.R. 775 repeals the provisions of Title 10 which require the offset of DIC payments from SBP annuities.

[Berta]

Although the Senate repealed the SBP DIC offset last week-this bill still has a long way to go to ever become law and become equitable:

http://www.airforcetimes.com/news/2009/07/...offset_072109w/

Has this widow ever applied for DIC at all yet?

Did the veteran die directly due to AO disability or did it contribute to his death?

How long did he receive 100% for AO?

I think the widow should possibly apply for DIC so that-if this offset is ever repealed ,she would receive both DIC and the SBP.

[Berta]

that is- if his death is service connected.

If she receives CHAMPUS and not CHAMPVA I would think she does receive SBP and not DIC.

[deltaj]

I'm not sure on the retirement but I believe it depends on how he set up his pension. As to the VA, I believe, she would be entitled to the DIC, plus if she was married to him the 8 yrs just prior to his death, an additional sum of about $300 a month, so her total would be somewhere between $1300 - $1400 a month.

pr

When she reaches the appropriate age, she should also apply for Social Security survivor's. A widow can be eligible for benefits immediately if she has minor child(ren) by her late husband or she is eligible for widow's benefits at age 50 if she is disabled or age 60 if she is not disabled. I also recommend she apply for DIC. There is a move right now to up DIC to 55% of a totally disabled veteran's income so she could potentially receive more money on DIC in the future.

Edited July 30, 2009 by deltaj