Dependent Benefits

[EODCMC]

I have a question that I have been unable to definitively find an answer here and elsewhere. 

I have an FDC for a couple of afflictions. If, for some unforeseen reason I die of an unrelated issue, will my wife receive the compensation and for how long? Would the answer change if my death were related to my afflictions?

I understand that this question assumes I will be awarded disability compensation.

iI apologize if this has been answered before, perhaps many times. I'm still working on my "find" skills here on  Hadit. 

No hurry, I have the rest of my life.

[Berta]

The criteria for DIC benefits to your survivors is here:

http://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

If a surviving spouse is not eligible for the DIC benefit, the VA will consider them for a wartime death pension.

There is considerable info on DIC in our DIC forum.

Also wartime  pension info is here somewhere under a search.

[EODCMC]

Thanks for the quick response Berta, this says it all...especially the Evidence Required para. I assume that if a veteran is not totally disabled and dies of an unrelated cause, the spouse would receive pay to the time of death and retroactive to the date he/she Initiated the claim.

Edited July 31, 2016 by EODCMC
Omission

[EODCMC]

Additionally, if I misplaced my question, you are welcome to reassign it to the DIC forum.

[Berta]

"I assume that if a veteran is not totally disabled and dies of an unrelated cause, the spouse would receive pay to the time of death and retroactive to the date he/she Initiated the claim."

I think that needs to be clarified, with the link info:

"Evidence Required

Listed below are the evidence requirements for this benefit:

• The Servicemember died while on active duty, active duty for training, or inactive duty training, OR
• The Veteran died from an injury or disease deemed to be related to military service, OR
• The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
  • For at least 10 years immediately before death, OR
  • Since the Veteran's release from active duty and for at least five years immediately preceding death, OR
  • For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999

"The Servicemember died while on active duty, active duty for training, or inactive duty training"- obviously the spouse would get DIC.

"The Veteran died from an injury or disease deemed to be related to military service," regardless of the SC percentage they had,  if the death certificate (and autopsy if performed) indicate the veteran's SC disability caused or directly substantially contributed to their death, then the spouse would get DIC. 

"The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling"

For at least 10 years immediately before death, "(was entitled to receive would mean that the veteran's spouse substituted themselves as the claimant and continued the claim that the veteran had filed and could prove they should have been totally disabled  for at least ten years prior to their death." (These can be VERY difficult claims.).

But many veterans however have been totally disabled due to SC for ten years or more via the regular claims process.In that case, the spouse should apply for DIC with no need to prove cause of death or contribution of any SC disability. 

"Since the Veteran's release from active duty and for at least five years immediately preceding death,"

we had a very difficult situation here whereby the widow did not understand the regulation means,

the veteran was totally disabled , when released from active duty, and stayed totally disabled for at least 5 years prior to death. In that case the VA would award DIC

"For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999"  the For again comes after the statement of 'totally disabled.'

 

There are other nuances to DIC as well. We have done some radio shows on DIC,in our archives here for blog radio.

 

[EODCMC]

Wow, that really is an eye full. I am not particularly smart. I have come to realize that your input is always helpful, but I need time to read this a couple of times. Thank you.

[Berta]

It isnt you--- we are ALL smart....the VA however con volutes everything with mumbo jumbo,hoping we do not take the time to carefully read their regulations.

Every time I copy the VA web site link above, it ticks me off because they forgot to put DIC regulations under Section 1151, 38 USC.(death by VA) so if a survivor might possibly have this type of claim ( and there are plenty of 1151 death claims at the BVA) if the survivor doesn't have a clue on 1151  they will not be able to potential acquire DIC on this basis.

I have done 2 Death file radio shows here in our archives. As foreboding as that sounds, they have been very up beat shows.

Basically a death file is for a blank 21-534 for the spouse, VA decisions, copies of DD 214/ 215s, 

any VA life insurance policy, non VA Insurance policies, health Care Proxy,marriage license, death certs, and past divorce decrees from former marriages, etc etc etc 

the stuff a spouse will need when a veteran dies.

But the best thing of all is if the spouse is fairly up to speed on the veteran's disabilities, and gets up to speed on DIC and Substitution regs ( if a vet dies with a claim pending) and makes sure they get their paperwork in for accrued benefits and DIC within the first year after the veteran dies. Hopefully they will come here to hadit for help and/or get a vet rep who actually understands DIC.

The VA will state to a spouse exactly what evidence they need,even without a vet reps help.

But that too can become overwhelming for anyone grief stricken.

I started talking to a woman in the dealer's waiting room while getting my car inspected last year.

She said she had been a VA Volunteer, me too, and then she said her husband had died due to radiation

exposure in service .

I started to give her our hadit contact info,concerned that she deals with Buffalo RO  like I do ,(sometimes they cant read) but she said she had already won her DIC claim by carefully reading everything the VA sent to her, and by having her daughter help get the evidence she needed.She also understood the radiation regulations and was fully PC literate, which in my opinion, every spouse needs to be ,if they ever deal with the VA.

Our motto here is Knowledge is Power. So VERY TRUE!