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Family Benefits


Guest jangrin

Question

If a veteran recieves 100% TDIU P & T and his wife and children recieve Chapter 35 benefits, then the veteran dies proven to be SC, do the benefits for the wife and children stop pending an award of SC DIC? Does the wife than have to file for survivors benefits?(not an 1151 Claim)

Jangrin

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Here is the discussion about that on Page 6 of the DEA booklet published by the Department of Veterans Affairs:

"If you're a spouse or surviving spouse, your DEA benefits have no effect on your benefits as a dependent on the veteran's disability or death award. The disability benefit is called compensation or pension; the death benefit is called DIC (Dependency and Indemnity Compensation) or death pension.

If you're a son or daughter of a veteran receiving a disability benefit, the veteran can generally receive an additional allowance for you as a dependent until you reach age 23 if you're attending school. However, if you elect DEA, the additional allowance to the veteran will stop when you begin receiving DEA benefits.

If you're a son or daughter of a deceased veteran, you may generally be eligible to receive death benefits yourself from age 18 to 23 if you continue attending school. If you're also eligible for DEA, you must elect which benefit to receive. If you elect DEA, the death benefits will stop when you begin receiving DEA benefits.

IMPORTANT: If your program will last longer than 45 months, it may be to your advantage to defer DEA benefits. You could continue to receive death benefits while you attend school, as explained above.

If you believe a deferral is to your advantage, we recommend that you contact us to discuss with a VA Education Case Manager the various options open to you."

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