Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Spouse Benefits After Veteran Hubby Passes?

Rate this question


Buck52

Question

  • HadIt.com Elder

Does Anybody know what all the benefits for a widow that her hubby died from his SC Disability's Are?

besides the DIC Claims?

what claims numbers ect,,ect,,?

Note ''there kids are all grown''.she lives alone now.

He was Vietnam combat veteran & 100% P & T with SMC & Housebound, What all can his widow file for?

Thanks in Advance.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

Recommended Posts

  • 0
  • HadIt.com Elder

Burial benefit(s), DIC about $1250, monthly, plus there's another $250 or so, monthly, if he was rated $100 P&T for the, I believe, 8yrs, prior to his death and she was married to him those 8yrs, ChampVA will continue, Chap 35 usually gets awarded again, for the spouse, plus any state benefits her state allows widows. She won't get anywhere near what he was getting. She might qualify for A&A, depending on her conditions. I'm sure others will add or correct anything I've stated.

pr

Link to comment
Share on other sites

  • 0

PR is right.

§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/f...pII-sec1311.htm

"He was Vietnam combat veteran & 100% P & T with SMC & Housebound, What all can his widow file for?"

If he was 100% P & T for ten continuous years, her DIC should be no problem.

If he died due to a service connected condition (as prime cause of death on the death certificate)

or due to a condition, service connected that substantially caused his death, listed as # 2 on the death certificate, or he died to an AO presumptive, or any other presumptive condition, she will receive DIC.

Ancillary benefits....She already is eligible for CHAMPVA and Chapter 35 but his death date might warrant a better EED for the Chap 35, as PR correctly stated.

With a service connected death she might be eligible for some state property tax benefits.

As long as she files the 21-534 within one year after his death, she will be eligible for any awards over any pending claims he had, if they are successful, that she can substitute herself for ,as the claimant.

She will still have to send to the VA anything they ask for for the accrued benefit claim.

The whole 9 yards of DIC and other benefits due to DIC are here in our DIC forum.

Can she join us?

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

The additional DIC compensation is $261.87 if he was P & T last 8 years and if she was married to him the last 8 years.

Berta - Does the surviving spouse keep commissary and base exchange privileges?

Link to comment
Share on other sites

  • 0

Yes but they have to apply for the commissary card.

I think they have to do that at their closest reserve center .

The Reserve center closest to me closed down some years ago. I should have applied there but I didnt.

I think they needed an appointment made first to put my photo on the card.

When my daughter finished Basic, I worried that I could not buy some medals my husband earned in the commissary (BX) at Lackland so I brought his DD 214 and 215 with me, but they never checked those documents. Maybe because I was with my daughter in her dress blues from USAF. ??????

Heck I could have even bought the Purple Heart.

I purchased the medals that were from the Vietnamese Goverment.

DOD doesn't send them with a DD 215, only the US stuff.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Wow,

Ok I'll sure let her know!

she don't have a computer and not so sure she knows how to use one? they are just country folks she works and she does get something from the VA but its not that much?

I 'll print this post out and give it to her , she had a VSO helping her and from what she told us he was not all that helpful ...I think they were married 25/28 years or longer he was about 8 years older then her (I think?) So Yes they was married 8 years before his death...the kicker here is I think they were DIVORCE?.. but still living with each other she helped take care of him he was bedridden about 6 months before his death...he had no claims pending that I know of matter fact he used private Drs ..they lived 165 miles from the nearest VAMC..he died From some form of cancer I believe he was in the AO registry ...not sure what the death certificate says of cause of death?

Note not sure if they were Divorced legally or just separated?

I think he died two years ago...so this may not apply to her? bummer..she just is very shy and never ask anyone to help her she relied on the VSO Help.

Thanks Everyone I appreciate it

Buck

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

I think surviving spouses receive good benefits except for the DIC compensation amount which is not adequate. I would like to see the DIC rate doubled.

My medical conditions (physical and mental) have taken a toll on my wife's health and quality of life. I am sure this is common for the spouses of seriously disabled veterans. I just believe veteran's spouses deserve much more for the sacrifices they have made being our advocates, caretakers and handling most of the chores around the house. The DIC compensation rate is pitiful. JMO

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use