Champva And Survivors

[john999]

What happens when the ChampVA sponsor dies and before the surviving spouse has their DIC approved? Does ChampVA stop until the survivor gets their DIC claim approved? If my wife were to be on Medicare as primary and ChampVA as the secondary medigap coverage and I croak then what? I know the money from my compensation stops, but do all the other benefits to the spouse stop as well until she/he has DIC approved? My wife is entitled to three survivor pensions so to speak. She would be eligible for my SSA, my Civil Service survivor pension and to DIC. The thing is how long does it take for all this to kick in after she applies? Not many survivors just snap out of it in a week and then claim their life insurance and all their survivor pensions. They have to bury their vet and deal with all that plus they might be in grief for a while. The way I see it the survivor can't afford to grieve if they want to keep paying their bills. Now I have some of this taken care of but the insurance thing worries me. One thing I do know is that the vet and the spouse need an emergency fund that will carry them at least 6 months while all this stuff gets worked out. I have the disabled vet insurance which is enough to bury me, but do undertakers extend credit based on the VA insurance? Even if a vet has the grave and headstone paid for by the VA the service and all the extras can come out to $5000-6000. I did take a course in financial planning but I did not get to that specific section I guess. My wife always avoids my talking about what she will have to do if I leave this world before her. She says " John, you worry too much!" Yeah, I have been dealing with the VA for 40 odd years, so I do worry. I think it would behoove her to get one of those medicare advantage plans so she would not be high and dry if I croak and she has to wait for DIC claim.

John

[Berta]

Many surviving spouses of veterans remarry ,and due to reg changes a few years ago ,many of them can still retain DIC.

Those regulations are here in our DIC forum.

There is plenty of info in our DIC forum on all of the questions here.

I think every vet here with a spouse should familiarize themselves with our info in the DIC forum.

If you have the VBM by NVLSP that includes the info as well.

The only main changes I can recall in the past 20 years is Bonny V Principi, the Substitution regs, the Remarry after age 55 regs, and

"hypothetical entitlement" under 38 CFR 1318 changed in 2000 due to Rodriquez V Nicholson and widows can no longer depend on the original regulation.

Survivors .will need to have your hadit password to get here in the event of your deaths. Everything I know on DIC is here and in the VBM.

Any changes I hear of, I always post at hadit.

Enhanced DIC---the 8 year rule,also posted here somewhere .....is explained in this very recent and unusual BVA decision:

http://www.va.gov/vetapp14/Files3/1423938.txt

[Berta]

As many of you know DIC regulations can become complex.

I mentioned age 55 here the other day and I was pressed for time....this explains the regulations in more detail...

"In general, entitlement to VA benefits as a surviving spouse

terminates with the remarriage of the surviving spouse, and

cannot be reinstated until the subsequent marriage has ended,

such as by death, divorce, or annulment. See 38 U.S.C.A.

§ 103(d); 38 C.F.R. § 3.55.

Recent legislation has set forth

some limited exceptions, providing for specific benefits to

certain surviving spouses whose remarriages are still intact.

In the Veterans Benefits Act of 2002, retention of CHAMPVA

benefits was authorized for surviving spouses who remarried

after the age of 55. See Pub. L. 107-330, § 101(a), 116

Stat. 2820 (2002) (codified at 38 U.S.C.A. § 103(d)(2)( ).

The following year, legislation was enacted, permitting

surviving spouses who remarried after the age of 57 to retain

additional VA benefits, such as DIC and dependents'

educational assistance. See Veterans Benefits Act of 2003,

Pub. L. 108-123, § 101(a), 117 Stat. 2651 (2003) (codified at

38 U.S.C.A. § 103(d)(2)(:o)."

Also Sharon posted this concise explanation as to the difference between the Age 55 and age 57 status:

Also this explains the newest accrued regulations... which really are not too new.....but it pays to bump this info up here.

(gee I just notice in that old 2010 link that I was still waiting for an accrued benefit decision on 2 pending accrued claims...

I succeeded in that claim in 2012.....18 years after the veteran had died.

This is why accrued claims ,as part of DIC claims, MUST be filed within one year of the veteran's death.

I cant stress that enough.

Nehmer accrued claims are different.Info on them is here,available with a search.

Edited November 18, 2014 by Berta

[Buck52]

John,

I think your wife can file SS on her ex and draw on his SS ... not sure about the VA bennies.

I know my mother in law got her ex SS After he died matter fact his current wife got his SS also so there were actually 2 wifes getting SS on the same man......unless the SS slipped up?

Also I read with the VA with the DIC benefits states in regulation's special monthly rates apply some where?.. that a spouse can draw half of the veterans benefits along with the regular DIC claim of 1150 monthly..so what ever you get she can file a claim for half that amount plus her other dic benefits...and draw your SS.

[Philip Rogers]

John,

I think your wife can file SS on her ex and draw on his SS ... not sure about the VA bennies.

I know my mother in law got her ex SS After he died matter fact his current wife got his SS also so there were actually 2 wifes getting SS on the same man......unless the SS slipped up?

A prior spouse, if married to the person for a minimum of 10 yrs, prior to divorce, can collect against the deceased SS account at age 50 (if they are disabled) and at age 60, at other than disabled. So it is legally possible for multiple ex-spouses to collect against one person's account.

Also I read with the VA with the DIC benefits states in regulation's special monthly rates apply some where?.. that a spouse can draw half of the veterans benefits along with the regular DIC claim of 1150 monthly..so what ever you get she can file a claim for half that amount plus her other dic benefits...and draw your SS.

britton: Where did you get that info?? I don't believe that is true but if you can find and post it, it would help.

Thanks,

pr

[Berta]

Actually SSA told me something like that.

If my second husband's (deceased) SSA ever became higher than my third husband's SSA (what I get now)

(both were veterans, they said that they needed info on my ex husband too, a non vet, in case his SSA should become higher than my USMCs SSA widow's benefit.

My Ex husband, just heard from him this AM and he has some critical medical problems) was a nurse and worked much longer for the state of NJ as a nurse, longer than my two disabled, deceased husbands did.

They said at SSA they needed the info from me, marriage license, divorce etc and the 2 death certs , in case they had to change the SSA survivors benefit I get, due to his, my ex husband''s record.

The local SSA office is easy to deal with...why not just call your local SSA office and find out exactly what bennies are available to a surviving spouse who might have one deceased husband or more

and an ex spouse too.

I took notes 20 years ago on what the SSA told me but things might have changed since then.

[Berta]

"Also I read with the VA with the DIC benefits states in regulation's special monthly rates apply some where?.. that a spouse can draw half of the veterans benefits along with the regular DIC claim of 1150 monthly..so what ever you get she can file a claim for half that amount plus her other dic benefits...and draw your SS."

Widows getting DIC can often get A & A in some cases but the rest of that statement is misleading....

I get 1233.33 a month in DIC.And I get SSA. No Aid and attendance.

I got a little more when my daughter was still in high school at a dependency rate.

Everything one needs to know on DIC is here in our DIC forum.

Edited November 18, 2014 by Berta