Berta Posted June 29, 2010 Share Posted June 29, 2010 The enhanced DIC regulations involve 100% P & T for 10 years prior to death. However these regs have changed significantly in the past few years. This case shows what I mean: http://www4.va.gov/vetapp10/files1/1007469.txt Link to comment Share on other sites More sharing options...
VetsLady Posted June 30, 2010 Share Posted June 30, 2010 What is Enhanced DIC and where can I find out information about it....? Link to comment Share on other sites More sharing options...
VetsLady Posted June 30, 2010 Share Posted June 30, 2010 Congratulations...! Whenever I'm down and dreary, I look at this part of the web-site for pick me ups on the wins..... We are still waiting, and waiting...... Very happy to see the wins...!!!!! Link to comment Share on other sites More sharing options...
Berta Posted June 30, 2010 Share Posted June 30, 2010 Enhanced DIC is considered by VA only if DIC has been awarded under 1310 ,38USC or under 1318. It is an additional $246 per month added to the DIC amount if the veteran was entitled to receive or in receipt of 1 compensation for a SC conditon that was permanent and total for 8 years prior to his/her death.The spouse must have been married to the veteran durng this 8 year period. NVLSP makes this point (VBM, 2009 edition pages 529-530) The enchancement benefit "does not provide an independent legal basis on which to grant the DIC benefit"And they cite Bevala V Peake. More information on this benefit is found within 38 USCS 1311. Link to comment Share on other sites More sharing options...
VetsLady Posted June 30, 2010 Share Posted June 30, 2010 Thank you Berta....! Link to comment Share on other sites More sharing options...
Lzjump Posted July 1, 2010 Author Share Posted July 1, 2010 Thank you for all of your kind replies and believe me I have learned the value of a dollar! Plan on tucking this award away for rainy days. I do have a couple of things I need to have repaired around the house and a few bills I need to get caught up on. My big treat will be a new computer! As all of you know, when you are in battle with the VA it consumes a good part of your time. My husband was at 90% and had filed for TDIU in March 2003, when he passed away in January 2004 the VA had not decided his claim, in March 2004 the decision came and they had denied his TDIU, I opened a new claim in March 2004 as the widow and received a denial in 2005. I appealed and my claim was finally heard at the BVA in DC in March 2008, remanded to AMC in August 2008 and decision in June 2010. I have been dealing with the VA so long I do not know what I'm going to do, I had allready began to prepare for a SSOC from the AMC but Thankfully that was not the outcome. Thanks again and I do plan on hanging around. Link to comment Share on other sites More sharing options...
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