What Happens When I Die?

[confusion99%]

I am attempting to calculate what my wife will be left with when i die. I just won most of my contentions and now have 80% rating. I am presently disability retired with less than 20 years. I will be able to draw CRSC on 70% combat related out of my 80% More if I win a couple of undecided contentions.

So: I am in the process of switching from drawing my VA compensation instead of Navy retirement which was based on 40% disability. That was giving me $1080/mo....Now recalculating based on time in service which they will do for CRSC....that will be about 900.00 the way I calculate it. Since my SBP is based on 55% of my retirement, if I die of non service connected something...NO DIC...No more VA compensation.

My wife would still have SBP....But, here is the question.....could it revert back to being based on the 40% disability,(the $1080.00) instead of years of service ($900.00). I know it isn't a lot of difference, but every bit will help in this instance....

Anyone have any idea???

Also, I am only guessing on most numbers.....I applied for the CRSC,,and I know it will take a couple months to know what the real numbers are....but as usual, I try to get ahead of official info.

My case closed july 31....I still have no info available to me via ebenefits except that they have the 80% updated and correct....no other info is available, no AB8 letter or anything else, So I sit in the dark right now....

[jbasser]

For VA purposes only if a service connected condition attributes or causes your death, Then she gets DIC.

She also gets it for any condition if you are married and you have 10 years of service connection.

The rate is 1215.00 per month.

J

[confusion99%]

I know the DIC must be service connected cause of death. I was looking at it if that ws not the case. Say I die in an auto accident. I was looking at the Navy retired pay, which is going to go down when I make the shift. It is presently calculated on 40% disability. But when the shift takes place, they will recalculate it based on years of service to do the CRSC which will be lower than the 40%. I'm wondering if it can be changed back to the 40% to get a higher amount to calculate the SBP amount.

Now on the DIC, I didn't know about the 10 year covers all thing. Does that mean that even though I just got my contentions approved, they back dated retro to 2002....So does that give me my 10 years already??? Or does the clock start when they approved it?

[Berta]

I'm a little lost on the CRSC question.....and I hope you live long enough to see the SBP/DIC offset repealed but that sure hasn't happened yet.

“Pay Dependency and Indemnity Compensation (DIC) under the provisions of 38 U.S.C. 1318 to a surviving spouse or children in the same manner as if the death were service-connected (SC), if a veteran was in receipt of, or entitled to receive, compensation for a totally disabling SC disability

• for ten or more years immediately preceding death

• continuously for a period of not less than five years from the date of separation from service until death, or

• for a period of not less than one year immediately preceding death for a former prisoner of war who died after September 30, 1999.

Important: A total rating based on individual unemployability (IU) meets the total disability requirement under 38 CFR 3.22.

Reference: This benefit is payable under the authority of 38 U.S.C. 1318.”

Source M21-1MR Part IV, Subpart iii, Chapter 3, Section D, under 18

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCkQFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptiii%2Fch03%2Fch03_secd.doc&ei=oWM0UtL0KcS-2AXA-4G4DQ&usg=AFQjCNFZm9rgne0rQ7Y448mHCojlxrzNcA&bvm=bv.52164340,d.b2I

"Now on the DIC, I didn't know about the 10 year covers all thing. Does that mean that even though I just got my contentions approved, they back dated retro to 2002....So does that give me my 10 years already??? Or does the clock start when they approved it?"

If the VA awards you for TDIU or 100% SC back to 2002, (meaning you continuously prosecuted the claim for that entire long period)and VA determines the EED of total and permanent SC disability as in 2002, and through all subsequent years since,

then the ten year rule should kick in for DIC.

BTW VA does not award DIC for TDIU, so the posthumous award would be for 100% P & T.

The P & T designation on these types of DIC claims usually comes After the death of the veteran,if not before.

If a vet dies "in the same manner as if the death were service-connected" under these regs, then they have automatically become Permanently and Totally Disabled by their death due to SC and the ten year rule.

"As if" is not the same as direct SC death and that is all explained in our DIC forum.

"As if" also accounts for Section 1151 deaths by VA.....all explained in our DIC forum too.

But your profile says 80% ... is that wrong?

Edited September 14, 2013 by Berta

[jbasser]

Yiou have to be 100 percent for 10 years.

That is the kicker. IU doesnt count.

J

[Philip Rogers]

Yiou have to be 100 percent for 10 years.

That is the kicker. IU doesnt count.

J

Are you sure on that IU?? One of my friends, who was IU for just over 10 yrs died, a couple of yrs ago and his wife got DIC, within 45 days, and none of the SC conditions were listed as cause of death (cod). So I'm pretty sure I counts towards the 100%.

pr

[jbasser]

Pr you really dont have to be 100 perent. The Keyword here is total. SO a vet must be totally disabled for 10 years.

If a Veteran has IU for 10 years and is not considered total then that is where things get ugly.

J