DIC & for carlie spouse?

[Buck52]

  I hate to be asking  these question so soon  & I  apologize if they seem inappropriate at this time.

Please forgive me.

 

For some reason or another  VA Regs don't mention how long  a SC VETERAN has been married, it just states ''surviving  spouse'' unless I'm just not understanding these Regs?

So I'm thinking Carlie partner Lucy should file an DIC application as soon as she possibly can.

 I'm not sure the STATE OF FLORIDA

Recognizes  how long a marriage has to be in effect  like if a couple lived together for 6 months and not be legally married such as common law, and all I can find in the VA Regs is the surviving spouse just needs the marriage certificate  to prove the marriage

As I understand the spouse is entitled to 50% of what the Decease SC Veteran was getting at the time of death

This could help Lucy & I believe carlie had checked into this DIC Claims for this reason?

I can't remember but it seems she did mention this in a post?

some say a veteran needs to be married for at least 6 months to a year  but in the DIC Regs I can't find that?

 

........Buck

§3.461   Dependency and indemnity compensation.

(a) Conditions under which apportionment may be made. The surviving spouse's award of dependency and indemnity compensation will be apportioned where there is a child or children under 18 years of age and not in the custody of the surviving spouse. The surviving spouse's award of dependency and indemnity compensation will not be apportioned under this condition for a child over the age of 18 years.

(b) Rates payable. (1) The share for each of the chidren under 18 years of age, including those in the surviving spouse's custody as well as those who are not in such custody, will be at rates approved by the Under Secretary for Benefits except when the facts and circumstances in a case warrant special apportionment under §3.451. The share for the surviving spouse will be the difference between the children's share and the total amount payable. In the application of this rule, however, the surviving spouse's share will not be reduced to an amount less than 50 percent of that to which the surviving spouse would otherwise be entitled.

(2) The additional amount of aid and attendance, where applicable, will be added to the surviving spouse's share and not otherwise included in the computation.

(3) Where the surviving spouse has elected to receive dependency and indemnity compensation instead of death compensation, the share of dependency and indemnity compensation for a child or children under 18 years of age will be whichever is the greater:

(i) The apportioned share computed under paragraph (b)(1) of this section; or

(ii) The share which would have been payable as death compensation but not in excess of the total dependency and indemnity compensation.

 

 

[31Bravo]

38 CFR 3.22 - DIC benefits for survivors of certain veterans rated totally disabled at time of death.

https://www.law.cornell.edu/cfr/text/38/3.22

I hope this link to 38 CFR 3.22 -  DIC benefits for survivors,  can be helpful and useful. 

 

[Navy04]

I'm sorry to ask this, but I did not even now that Carlie was sick or had an ailment. What exactly happened?