Dic Claims For Widows

[trailblazer]

I am helping a widow whose husband recently passed away and I need some information on Dic. her husband was was service connected and rated at 80% however he was being paid at the 100% rate. Does this qualify her for Dic benefits? All info on this will be greatly appreciated as the the widow is very special to me and is now in a financial bind as the veteran passed away Nov. 24-09 and the widow will not get the get his va check for the month of Nov. or his social security check. Thanks to all hadit members for you help to me in the past and in the future.

[Berta]

All of the types of DIC and the regs are here under the DIC topic.

What was he service connected for?

Was this SC disability on the Death Certificate as contributing or causing death?

Was he autopsied?

Has the widow formally filed a 21-534 yet?

I believe due to fairly recent legislation that she might be eligible for the last VA comp check. might.That info too is here somewhere.

[Berta]

To add- if he was Wartime veteran and her income is limited it is possible she could get VA death pension and that might carry her through until she is successful on a direct SC death award.My first DIC award under 1151 took over 3 years and my recent DIC award took over 6 years.If she has proof that his SC caused or contributed to his death it might go faster for her.Some DIC is awarded in a matter of months.

The 21-534 is a widow's pension app as well as DIC app.

If she is 60 years or older I think she can apply for SSA survivor benefits as his widow.The SSA web site would have that info.

DIC situations have changed a lot.

I feel the current VBM has the best condensed info on DIC -as the VA web site is limited on their info.

Also 38 USCS 1318 et al contains all the ways to obtain DIC.

Some of the ways have changed -there is no hypothetical entitlement scenario anymore.

Some claims have continued under this type of DIC depending on when they were filed and the 2000 demise of Hypothetical entitlement claims.

DIC is extremely complex.

I dont even have time to read the new DIC situations in the VBM.

Enhanced DIC and other forms of DIC have not changed as far as I know.

With more info we can direct you better here.