Bulldog4Life - Help With Dic

[Bulldog4life]

Berta,

My question is on Dic? Me and my late wife was married on 2 different occasions. The first marriage lasted 13 years and before she passed away 8 months. She was 100% for 20 years and P/T for 17 years.

In the USC 38 1311(2) it states that a veteran that was married to the same veteran more than once the

Original marriage will be used in determining the statutory benefit. It also states that the time of marriages

Will be considered.

Now I was nt paid the enhanced benefit of $258 per month., which states that the spouse has to be married for 8 straight years until the veteran dies. If they are taking the 13 years I was married would nt that meet the requirement?

I filed a notice of disagreement for a DRO hearing because I feel I right.

Can you shed some light on this?

Thanks,

Bulldog (USMC........Nam Vet)

[carlie]

Bulldog,

I split your post off from the OP's topic and made you a topic of your own.

[Philip Rogers]

I believe you should get it. If they deny . . . appeal, appeal, appeal. Did I say appeal ! ! !

pr

[Berta]

"The first marriage lasted 13 years and before she passed away 8 months. She was 100% for 20 years and P/T for 17 years."

Did the VA pay her with a dependency rate for you, during each marriage?

Do you get regular DIC now? or is there a DIC claim pending?

Did you both live together in a common law state prior to the 8 month marriage prior to her death?

Reason I ask is to see if there is a way to fulfill the enhanced DIC regulations. as to the enhanced DIC criteria..are they questioning this saying you were not married for a whole year preceeding death?

(This is an olf version but only the DIC amount is different now."


§1311. Dependency and indemnity compensation to a surviving spouse

(a)(1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154.

(2) The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran's disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.

(3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2)::

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title38/html/USCODE-2011-title38-partII-chap13-subchapII-sec1311.htm

As you said 'In determining the period of a veteran's disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered'.

PR is correct to appeal this.

Are you able to scan and attach their denial here as to their Reasons and Bases part?

(Cover C file number, name, address first)

I dont quite see how the one year marriage requirement would be a problem here...and isnt even an issue if you already were awarded DIC and the appeal is solely for enhanced DIC, but we can help more if we see the decision.

[Bulldog4life]

Thanks Philip,

I feel that I'm right because I've read a lot about DIC and almost went through all the BVA citations in the last 14 years that's close to mine with spouses that's married the same veteran twice. There's not many

(Lol).

[Bulldog4life]

Yes Berta I was paid last year Sept. 2013 in the amount of $1215 per month. The VA also paid me accrued bennies. Her last check

Which total $3600, the 8 mos when we got married again in 2012 which total $1200, and then back pay of about 9 months which all

Total about $13,000., so basically my marriage was recognized with no problem.

The first marriage began on nov.12,1997-2009. The second marriage began 4-12-2012 to 1-15-2013.

I have a solid feeling in asking for the inhancement of $258 per mo., because in my case we were together a very long time as a

Married couple so I feel it's the enhancement is part of the package., and also considering my age of 60. Did I say 60!(lol)

Anyway she was a 100% since 1993 and P&T since 1998. Her service connection was in one area (nerosis), and hystomy in

The military which was 30%.,but she died of diabetes,kidney failure! Addison disease, and pulmonary lung disorder.

[Bulldog4life]

Sure I will try to scan the denial for the purposes of helping all veterans who I consider as my family.

God Blessed.

Bulldog (USMC)