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Dic Question


jeff10

Question

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

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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 of the VA web site link 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

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I haven't read the 8yr rule nor the 10 rule lately but I believe they are different. I believe the 8yr rule pertains to additional funds payable if they were married for the 8 yrs directly prior to his death. The 10 yr rule has to do w/dying due to other conditions not SC.

pr

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  • HadIt.com Elder

John - I'm sorry but I have to disagree w/you. I see no reason the Gov't should support the widow. She does get some good VA benefits but I see no reason why a deceased husband should support his spouse, after his death. He has the option of purchasing life insurance, if he feels he should. I just wish I had a wife just so I could pass the current DIC, Chap 35 benefits, and ChampVA benefit onto someone, just because of all the benefits they screwed us out of, over the yrs.

While I'm proud of my service and love my country, I would never repeat it knowing how they have so little regard for us vets, now. I feel current military should have a starting pay of $60k+ annually and full benefits. Over the yrs they have been gradually reducing our benefits and getting away w/it. Meanwhile, VA managers are paid $60k and more and continue to deny deserving claimants, at no risk to them. Our Gov't promises the world when something happens but back tracks, later, when the incident has passed. Sorry but I needed to vent, a little. We better start learning Chinese, as they will be taking over, eventually. jmo

pr

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

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NOW I NEED TO VENT. It seems to me Philip that you have some unpopular opinions,and I understand you been called on em before. Well, Im callin ya on em again, JMO! Mystic

PS- The next time you post yer opinion, think about it, and then think about it again, before hitting the button, again JMO!

MC.

Edited by mysticcherokee usn vet
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  • HadIt.com Elder

MC - just curious, which do you disagree with? Or is it just my opinions, in general?? Thanks.

pr

NOW I NEED TO VENT. It seems to me Philip that you have some unpopular opinions,and I understand you been called on em before. Well, Im callin ya on em again, JMO! Mystic

PS- The next time you post yer opinion, think about it, and then think about it again, before hitting the button, again JMO!

MC.

Edited by Philip Rogers
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Hear hear! I concur with (most) of your post.

I can hardly be called conservative, and I definitely do not have a big red "R" behind my name, but what about one's own personal responsibility?

I mean, death will come to us all ... whether we are veterans and our death is connected to our service, or whether we are veterans and our death is not connected to our service. Heck, death even has been known to occur to non-veterans as well !!

So if this is something that is bound to happen, a prudent person would take that into consideration ... wouldn't they?

I guess, overall, I'm an amalgamation of red and blue.

As for another comment (not your's, Mr. Rogers) which discussed "unpopular opinions", I guess any opinion that doesn't advocate shoveling money into someone's pocket would be unpopular.

John - I'm sorry but I have to disagree w/you. I see no reason the Gov't should support the widow. She does get some good VA benefits but I see no reason why a deceased husband should support his spouse, after his death. He has the option of purchasing life insurance, if he feels he should. I just wish I had a wife just so I could pass the current DIC, Chap 35 benefits, and ChampVA benefit onto someone, just because of all the benefits they screwed us out of, over the yrs.

While I'm proud of my service and love my country, I would never repeat it knowing how they have so little regard for us vets, now. I feel current military should have a starting pay of $60k+ annually and full benefits. Over the yrs they have been gradually reducing our benefits and getting away w/it. Meanwhile, VA managers are paid $60k and more and continue to deny deserving claimants, at no risk to them. Our Gov't promises the world when something happens but back tracks, later, when the incident has passed. Sorry but I needed to vent, a little. We better start learning Chinese, as they will be taking over, eventually. jmo

pr

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