Dic Will I Be Eligible To Receive This Benefit If Anything Happens To Spouse

[cruiser07]

I have a question regarding DIC and if I will be eligible to receive this benefit if anything happens to my husband. My husband is a Vietnam veteran and is now 63 years old. He was injured in Vietnam and spent one year in the hospital as he lost 1/2 lung with many other internal injuries (i.e. some of his ribs were floating). He tried to work after release from hospital but he would end up with a collapsed lung due to the floating ribs. After 3 or 4 punctures to his lung over 7 years the VA rated him at 100% disabled. This was over 35 years ago. He followed the rules and went to his evaluation/medical exams but has NOT been re-examined in over 20+ years.

I am his second wife and we have been married for 18 years. I applied for ChampVA 10 years ago and I now receive this benefit. I would like to know if I will be eligible for DIC benefit if my husband passes away from non-service connected reasons. We are in the process of planning for retirement and trying to understand if I will receive this benefit.

I called the VA twice. The first person I spoke to 3 years ago - I asked if I would be eligible for DIC and she told me that since I was already approved to receive ChampVA, I will be able to receive DIC. The second time I contacted the VA (just recently), the person told me that my husband is NOT P&T so I would NOT be eligible. Here's the hook, we received the annual letter from the VA in 2010 that says the following:

VA Benefits:

Service connected disability: YES

Your combined service-connect evaluation is: 100 PERCENT

Your currently monthly award amount is: XXXX

Are you being paid at 100 percnet rate because you are unemployable due to your service connected disabilities: YES

Are you considered to be totally and permanently disabled due to your service-connected disabilities: YES

Have you received a Specially Adapted Housing (SAH) and/or Special Home Adaptation (SHA) grant: NO

Then we received another letter in 2012 and it does NOT state that he is totally and permantly disabled - the 2012 letter reads like this:

VA Benefits Information:

Service-connected disability: YES
Your combined service-connected evaluation is: 100 PERCENT

The effective date of the last change to your current award was: 01-DEC-2011

Your current monthly award amount is: XXXX

Are you being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: YES

Also on the 2012 letter there is a line that says the effective of the last change to award was 01-DEC-2011.... what does this mean - my husband has not been seen or re-evaluated for over 20 years. I am concerned about this date meaning that they changed his rating and then it could affect the 10 year rule as well.

The person at the VA that I spoke to recently, told me the letter sent to us in 2010 stating my husband was permanent and total "was a MISTAKE" and I will NOT be eligible for DIC.

Another part of this question is that my husband would like to utilize some of the VA benefits, specifically for hearing aids. For the past 18 years, I insure my husband on my medical plan through work so he has not had to receive medical care at the VA. In order to utilize the VA for hearing aids, he must go to the VA and get a primary care physician. He is afraid to do this as he does not want to open a can of worms because he has not been evaluated in over 20 years.

On the same note, should we apply for P&T and if yes, will that initiate another evaluation even though his is 63 years old - the fear would be that they reduce is percentage and lower his disability. Also, the VA rep I spoke to recently told me that my husband should have applied for SSDI - which again will involve more examinations and we are concerned this may lead to lowering his disability percentage.

I know this is a lot of info, but I was not able to find the answers specifically to our situation. We have spoken to a VA representation in our local area but he does not have any information that is helpful.

We look forward to your helpful responses. Many thanks in advance!!!

[Berta]

I think you should lay this all out in an IRIS Inquery and ask for a snail mail reply.

You mentioned a vet rep . They too might be able to get this clarified,with his formal POA..

The people at 800# and even IRIS will make up stuff if they dont know the answer.

Obviously he is P & T with a rating consistently at 100% for 35 years and you should be eligible for DIC if he dies from a NSC condition.

But something is wrong here....if he wasn't P & T by now VA would have called him in for a re evaluation.

"Also on the 2012 letter there is a line that says the effective of the last change to award was 01-DEC-2011.... what does this mean - my husband has not been seen or re-evaluated for over 20 years. I am concerned about this date meaning that they changed his rating and then it could affect the 10 year rule as well."

He needs to get a copy of his C file too.

You were awarded CHAMPVA the same way I was,my husband was 100% p & t:

"The first person I spoke to 3 years ago - I asked if I would be eligible for DIC and she told me that since I was already approved to receive ChampVA, I will be able to receive DIC."

That is incorrect.Your CHAMPVA is due to his 100% P & T.

I received DIC because the VA caused my husband's death. No CHAMPVA comes with that .(Section 1151 claim)

It was due to the VA posthumous award of 100% P & T for his PTSD.that garnered me CHAMPVA.

When I proved direct SC death under 2 subsequent awards, if I had not been awarded DIC under 1151, that is when I would have received DIC. ( proved 2 AO disabilities contributing to/causing his death)

My husband did not live long enough to meet the ten year rule.

You sure have every right to get this squared away .

As a Vietnam Vet ,is he aware of the Agent Orange presumptives?

I sure hope he has no other disabiloties but an established AO disability , rated at 60% or more would bring his comp up to include SMC.

"Also, the VA rep I spoke to recently told me that my husband should have applied for SSDI - which again will involve more examinations and we are concerned this may lead to lowering his disability percentage."

I Agree with this vet rep. The rep might be the best way of getting this fixed. He will need the POA (Power of Attorney) from your husband to do that.

We have all (or most of us here) given reps our POA at some point in time and they only use it for VA claims purposes.

I commend you both for thinking ahead. My husband's greatest fear was that he would die and I would not receive DIC and the other ancillary SC death benefits.

I had to fight for them all but I got them.

Edited November 4, 2014 by Berta

[Buck52]

CRUISER07

Sorry you guys are worried about this...it sounds to me there's just a big mix up or someone else claim got placed in his c-file?? some of them clerks at the VARO just bunch of idiots!

Did you get a letter from VARO with a re-evaulation set up? if not...try not to worry! if you have to appeal then as long as his claim is in the appeal process they can't stop anything!

I think you can get DIC if your hubby passes he is 100% P/T so keep that letter you have that says that..did that same letter state that his disability was of nature and no furture exams schedule?

I don't think he has to be service connected for you to get DIC.....I was reading something about that today is why I'm asking...anyway if he was awarded 100% P/T I don't think you should worry.....However you may want to request his c file from VARO or make appointment & go there and look at it check all the files and see if the letters are in it that they just sent you? & even the ones you already have!

I See no reason him not applying for SSDI has anything to do with this?? that is his right & his choice rather or not he wanted to file for that!!!! just money he is not getting but that would be his choice in my opinion.

if he gets a letter for re-evaluation...I think I would go to that VARO & Show/tell them what all you been sent from them out of the wild blue and your hubby is still 100% P/T Been that way for over 20 years he should be protected under the 20 year rule!

He is disable and can't work..and you want this cleared up asap!

If you guys need to Appeal.

Here at hadit there are some great folks that can help you guys berta is one of them!

Hang in there!

Edited November 5, 2014 by britton

[cruiser07]

Berta, thank you very much for the response - I will absolutely look into the Agent Orange presumptives. Do you know if there is any documentation that states if a 100% disabled veteran has been for over 35 years, he is automatically considered P&T?

Britton - Regarding your question: Did you get a letter from VARO with a re-evaulation set up?

No we have never received a letter in over 20 years asking for re-evaluation.

Regarding your question: I think you can get DIC if your hubby passes he is 100% P/T so keep that letter you have that says that..did that same letter state that his disability was of nature and no furture exams schedule?

None of the letters we have received state that no future exams need to be scheduled.

What do you mean "I think you can get DIC if your hubby passes"? Our main concern is to have to be re-evaluated again because it has been well over 20 years and he is 63 years old. Due to my husband's disability he has always tried to take care of himself and tries to keep in shape with diet and exercise. There is no telling if his disability remains at 100% or not after all of these years. We are concerned that the VA would quite possibly try to lower his percentage because he has tried to stay as healthy as possible with limited activity.

thank you,

[Buck52]

Well you ask in your second paragraph?

'' I would like to know if I will be eligible to receive this benefit (DIC) if MY husband passes from a non service connected reasons'' the answer is yes and no if he passes from a non service connected reason , there's some prevision?? I'm not sure what all that involves but you could get something I'm fairly sure, it maybe the 1151 berta mention?.. it could be more like half of what your hubby is getting now, but there are some certain circumstance/conditions to a non service connected death yes there would be some compensation for the veteran widow.

I had assumed you meant service connected being he is a Combat Vietnam Veteran.

And Why would you want to get another evaluation? if he is 100% P/T?

I don't think the VA would reduce him after all these years?

If your worried about those letters? request appointment from your VARO to see his C-File (claims file) or have them mail them to you.. and check his C-File see what all is it? compare your letters you have with what is in his -File.

And its great your hubby is taking good care of himself via exercise but the VA don't need to know that!

Or you guys could just do nothing until you hear from the VA wanting a new evaluation? simply because he may never get one..

He is 100% P/T ....in my opinion the only way they can reduce him is if they find fraudulent of the claim he/his vso filed 20 OR 35 years ago or so?

It won't open up a can of worms checking on his c-file (lot of vets do that) but if you contact the VARO about another evaluation or increase in rating that will prompt an evaluation.

That's why I mention just don't do anything until you hear from the VA wanting another evaluation.

Its actually good he has been getting 100% p/t for 20 years or so with no evaluation!

100% p/t means the VA Awarded him compensation due to his service connected disabilitys while in Vietnam, that is an honor for all veterans to get that ..

Maybe I don't understand your question and I'sorry I was only trying to help

I Slute your hubby.

I too a Vietnam service connected veteran 100% P/T from injuries received in Vietnam.

Maybe some others can chime in here and help you.

Good Luck & I wish you both the best.

Edited November 6, 2014 by britton

[Philip Rogers]

You should be eligible for DIC, no matter what he dies from. Once he hit the 20yr mark he's protected.

pr

[cruiser07]

Many thanks to everyone for the responses.

I guess my main concern is.... the only annual letter we received that stated he was P&T was in 2010 - and when I called the VA person told me it was a mistake. Annual letters before 2010 and after DO NOT say P&T and they DO NOT reference anything about the education help (chapter 35??) , being static or no future exams required. They basically just say the following:

VA Benefits Information:

Service-connected disability: YES
Your combined service-connected evaluation is: 100 PERCENT

The effective date of the last change to your current award was: 01-DEC-2011

Your current monthly award amount is: XXXX

Are you being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: YES

My husband's son, contacted the VA 25 years ago to see if he was eligible for the education assistance for college and he was denied. Obviously this is now 35+ years later since his 100% rating. Is the P&T just automatically added because it has been such a long time that he was with this rating and paid disability at 100%? Or did someone in the office just make a mistake?

To reiterate, I am approved for ChampVA, and I have read the eligibility requirements and it clearly states: CHAMPVA provides coverage to the spouse when the veteran is rated permanently and totally disabled due to a service-connected disability, or .....

I guess I am trying to understand if his letters do not say P&T (except for the 2010 letter which I told was a mistake), is he really P&T and I don't have to worry about this or should I open the can of worms and start digging into records at RO?

Regardless, I am planning to go to the VARO in the near future to take a look at his C file anyway - just want to be clear I am looking for the correct info.

This forum has been an absolute answer to my prayers - each time I call the VA, I get different answers - it is so frustrating!!!