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Cathemm55 - New Member - Dic Questions


cathemm55

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My husband and I were married thirty years, and divorced for ten months, but we continued to live together as he was diagnosed with cancer. He served in the navy for twenty years, he retired E7. I applied for DIC and was denied on the grounds that we were divorced, but I have been researching and have heard of claims being approved under lesser circumstance, i.e 'common law' I know a certain amount of information, of people being together for much shorter periods of time and been approved, can anyone help me other than the volunteers at DAV, I feel there is more information on this web site than the kind volunteers have knowledge of. Any help would be greatly appreciated thank you

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  • In Memoriam

You hang in there girl. There are people here who can help. We are not associated with VSO's at all. There may be a few here though.

Berta is in the house she will try to help. Sorry for you difficulties.

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Here's the link to the VA website

http://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

Here is a section from that page. It seems like you would qualify...

Dependency and Indemnity Compensation

Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.

The surviving spouse was:

Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR

Validly married the Veteran before January 1, 1957, OR

Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated,

OR

Was married to the Veteran for at least one year,

OR

Had a child with the Veteran, AND

Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND

Is not currently remarried

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

Evidence Required

Listed below are the evidence requirements for this benefit:

The Servicemember died while on active duty, active duty for training, or inactive duty training, OR

The Veteran died from an injury or disease deemed to be related to military service, OR

The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling

For at least 10 years immediately before death, OR

Since the Veteran's release from active duty and for at least five years immediately preceding death, OR

For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999

How to Apply

Complete VA Form 21-534, "Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child and mail to your regional office, OR

Work with an accredited representative or agent OR

Go to a VA regional office and have a VA employee assist you. You can find your regional office on our Facility Locator page OR

If the death was in service, your Military Casualty Assistance Officer will assist you in completing VA Form 21-534a, " Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child" and mail to the Philadelphia Regional Office

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