Dic Question

[jeff10]

Berta, I'm 100% P/T. On the new (12-1-11)DIC rate sheet it shows my spouse can get this compensation if I've been 100-p/t for at least 8 yrs.even though I didn't die from the S/C. Is that a change from the 10 yr. deal? Also, would she get my whole 100% or the lesser rate they show in the table of $1,195 + $254 ? If she had to fill out the DIC forms,who would she go to in order to do that?

Jeff

[Berta]

As I understand the “eight” year rule,this regards what VA calls an enhancement of established DIC.

It would come into play this way. I will use my case as example.

I get DIC due to direct SC causing death.My right to DIC has been established.

My husband did not have 100% SC in affect for ten years prior to death, nor for the eight year period prior to death,nor could I prove he should have been rated at 100% SC for 8 years prior to death.I therefore am not eligible for this facet of enhanced DIC.

This BVA case goes into this issue in detail:

http://www.va.gov/vetapp08/Files4/0827632.txt

Sometimes enhancement to DIC can be awarded due to a CUE in a prior VA decision.

http://www.va.gov/vetapp08/Files4/0827058.txt

This above link was a Section 1151 DIC claim. The BVA refers ,in the decision, to the aspects of CUE in this type of situation. The widow had a lawyer representing her but apparently any CUE issue was “abandoned” (perhaps no past decision warranted a CUE claim) and the widow's claim was denied.

This decision again reveals the complete DIC regs (which can become complex)and the 8 year enhanced DIC regulations.

At death a veteran's compensation is over.The survivor can apply for the last compensation check due the veteran.

Survivors must formally apply for DIC on form 21-534 :

http://www.vba.va.gov/pubs/forms/VBA-21-534-ARE.pdf

“If she had to fill out the DIC forms,who would she go to in order to do that? “

As the form states, it should be read over very carefully.It is 12 pages.

She should state the cause of death, (they will need death certificate)and state whether there are pending claims. (accrued benefits for any pending claims that the survivor successfully pursues to award and require the receipt of the 21-534 within one year after the veteran's death.

The survivor can substitute themselves as the claimant for accrued benefits.

They need to use this form and this form also must be in VA's receipt within one year after death.

http://www.vba.va.gov/pubs/forms/VBA-21-0847-ARE.pdf

Although all service officers and vet reps are trained in DIC claims and she could utilize their services,but in my opinion, she should join hadit as well when the time comes but I HOPE you have MANY years ahead of you and yet I sure admire the fact that you are thinking ahead for your spouse.

[jeff10]

Berta, thank you. So,if I understand, if I die for reasons other than my S/C diability:1) I wouldn't fall under the 8 year rule it would have to be 10 years. 2) upon my death,my wife would go to my VSO and ask that he file the DIC claim,and 3) She would receive the compensation I'm getting now if granted.

Jeff10

[Berta]

“I wouldn't fall under the 8 year rule it would have to be 10 years. “

If you died, prior to attaining ten years of continuous 100% P & T SC and she applied for DIC and is awarded DIC for a service connected death ( a SC condition either caused or contributed substantially to the death) then the 8 year rule could kick in as enhanced DIC.

This is an extra amount of DIC ,when DIC has already been established.

“upon my death,my wife would go to my VSO and ask that he file the DIC claim,”

Yes, she could do that.

“ 3) She would receive the compensation I'm getting now if granted.”

No. She would have to wait for VA to adjudicate the DIC claim.And if the claim succeeds she would receive DIC and retro DIC back to the date of your death (if the 21-534 is filed within one year after death)

Compensation solely belongs to the veteran it is awarded to.

It ceases forever upon death.

I have dealt with widows who thought the deceased veteran's compensation check would still come every month after the vet died. It doesn't work that way.

[john999]

The amount of DIC a spouse gets really angers me. It is way too low. It should be at least 2/3 of the amount the vet gets. It is not even half. The spouse better save her pennies or be readly to go back to work. My federal pension pays half of my annuity amount. God knows it isn't much (taxable as well).

John

[jvretiredvet]

So, how would you handle this .....

A veteran has only one service connected disability, HTN at 0%.

The veteran dies of an MI, coincidentally with HTN listed as a contributing cause.

The widow applies for DiC, which is appropriately granted.

So, what should be her benefit? 50 % of the veteran's 0%, or 66.666% of the veteran's 0%?

BTW, this is not a hypothetical situation.

The amount of DIC a spouse gets really angers me. It is way too low. It should be at least 2/3 of the amount the vet gets. It is not even half. The spouse better save her pennies or be readly to go back to work. My federal pension pays half of my annuity amount. God knows it isn't much (taxable as well).

John

[Berta]

http://www.vba.va.gov/bln/21/Rates/comp03.htm

These are the DIC rates.

"Dependents Indemnity Compensation - Effective 12/1/11

Veteran's Death Was

On or After January 1, 1993

Basic Monthly Rate

Additional Allowances

Historic Rates

Veteran's Death Was

Before January 1, 1993

Surviving Spouse, Enlisted Pay Grade

Surviving Spouse, Warrant Officer Pay Grade

Surviving Spouse, Officer Pay Grade

Children, Surviving Spouse Entitled

Children, No Surviving Spouse

Historic Rates

To find out how to use these rate tables CLICK HERE

Veteran's Death Was On or After January 1, 1993

Effective 12/1/11

Basic Monthly Rate = $1195 (38 U.S.C. 1311(a)(1))

Additional Allowances:

a. Add $254 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))

b. Add the following allowance for each dependent child under age 18: *

Effective 12/1/11 $296 per child (38 U.S.C. 1311(b))

c. If the surviving spouse is entitled to A&A, add $296. (38 U.S.C. 1311©)

d. If the surviving spouse is entitled to Housebound, add $139 (38 U.S.C. 1311(d))

*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(b) will be the additional allowance received for each child."

The link on the right hand side brings up warrant officer and officer pay grade amounts for survivors of retirees.

For those survivors eligible for SBP, there is an offset to their DIC:

http://www.retirees.af.mil/factsheets/factsheet.asp?id=11696