HadIt.com Elder Buck52 Posted January 15, 2015 HadIt.com Elder Share Posted January 15, 2015 (edited) 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 January 15, 2015 by Buck52 georgiapapa 1 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 More sharing options...
0 HadIt.com Elder Philip Rogers Posted January 15, 2015 HadIt.com Elder Share Posted January 15, 2015 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 georgiapapa 1 Link to comment Share on other sites More sharing options...
0 Berta Posted January 15, 2015 Share Posted January 15, 2015 (edited) 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 January 15, 2015 by Berta Pete53 and georgiapapa 2 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 More sharing options...
0 georgiapapa Posted January 15, 2015 Share Posted January 15, 2015 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 More sharing options...
0 Berta Posted January 15, 2015 Share Posted January 15, 2015 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. georgiapapa 1 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 More sharing options...
0 HadIt.com Elder Buck52 Posted January 15, 2015 Author HadIt.com Elder Share Posted January 15, 2015 (edited) 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 January 15, 2015 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 More sharing options...
0 georgiapapa Posted January 15, 2015 Share Posted January 15, 2015 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 K9MAL and Buck52 2 Link to comment Share on other sites More sharing options...
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Buck52
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 Buck52I 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!!!
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Berta
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
georgiapapa
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
Philip Rogers
GP - I certainly understand your feelings. I was also against retirees receiving both retirement and VA disability Comp. Once they changed the law allowing it, I was fine w/it. I'd like to see the
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