Dea Clarification

[renee]

Hello hoping someone can help me clarify the qualifications to obtain DEA for my son. I have read the website more times than I can remember and the bullet points are misleading. The second bullet point indicates "•A veteran who died from any cause while such service-connected disability was in existence." How exactly do I interpert this particular bullet point? Does this mean that he must meet one or all of the requirements outlined? His dad was killed two years ago in a motorcycle accident. At the time he was service connected as well but I don't believe it was for 100%. Who can help me?? Please and thank you!

[Berta]

DEA is dependent on either a 100% P & T rating or a direct service connected death.

The 100% P & T rating does not have to be a rating during the veteran's lifetime if the vet had a pending claim that their survivor continued after the vet's death.

My husband died with 30% SC and with 2 claims pending. I re-opened them and they awarded.

They gave him posthumous award for 100% P & T SC back to 3 years prior to his death.

They also granted me DEA benefits and CHAMPVA.

In 2003 I re- opened my claim for DIC (I had been awarded under 1151) for a direct SC death due to Agent Orange.

The VA awarded and gave me a new DEA date of eligibility.

This shows that either the 100% P & T or direct SC death (or both) are the key elements to obtaini9ng both DEA and CHAMPVA benefits.

Did your husband have a claim pending at his death for a higher rating?

If so you had one year after his death to file for DIC and accrued benefits.

Even if they denied SC death, there could have been accrued award potential.

Did you file within one year after his death for accrued or DIC?

There is also possibility of 1318 DIC but I believe that too depends on the year after death receipt of the 21-534 form.

Edited August 10, 2010 by Berta

[Berta]

I mentioned possible 1318 claim.

However VA imposed a stay on this type of claim some time ago and lifted the stay when the regs were changed.

http://www4.va.gov/vetapp10/files2/1016251.txt

There is info on 1318 claims in the DIC forum here.

[renee]

Thanks Berta for your information. I've been doing some research on the forum and ran across this topic " Education For An 18 Year Old Dependant" unfortunately I don't know how to link it in the messge. However, if I read this post correctly my son may be eligible for education benefits if he continues higher education after high school. Is this correct? I ask because I'm currently rated at 60% but not 100% and it would appear he still would be eligible. That would be amazing to say the least especially with his father in spirit.

[renee]

Hi again,

With respect to the 1318 claim, would I file as the child's surving parent altough marriage bewteen me and the deceased was already dissolved? And what does "stay" mean? DOes that mean reversal?

[Berta]

"With respect to the 1318 claim, would I file as the child's surving parent altough marriage bewteen me and the deceased was already dissolved?"

" And what does "stay" mean? Does that mean reversal?"

It just means the VA put a hold on 1318 claims until the regs were restated. The stay has been lifted.Tha basic requirements for DEA have not been altered.

I am not at all sure, due to the fact that your marriage to the veteran was dissolved-that you could even file a claim as "surviving spouse" for a benefit for the child of the veteran.

Is there any other surviving spouse? or a marriage that was in existence at time of his death?

You mentioned in past post that you were not sure of his VA rating.

"I ask because I'm currently rated at 60% but not 100%"

if you mean this is your VA SC rating as a veteran, perhaps your SC disability has gotten worse and you could ask them for a higher rating and 100% P & T determination.If that is successful on your own medical record as a disabled veteran, that would help your son become eligible for DEA.

It would be a retro finding that would hopefully have an entitlement date that benefits him.

I question if VA would even handle a claim since you were not married to him when he died.

If I can find more info on that I will post it here.

[Berta]

You, as divorces ex spouse- would not be eligible for DIC.

This BVA decision contains those regulations:

http://www4.va.gov/vetapp10/files2/1019672.txt

Perhaps your son could pursue a 1318 decision for DEA purposes but yet I am not sure how this could be done.

I hope others here give some input into your questions.