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SueEdel

IU/DIC

Question

Does 100% IU P&T qualify under the ten year issue? I am having a difficult time finding an answer to this specific question. 

 

"Many DIC claims fall under 100% SC P & T for ten continuous years.....easy to succeed in" Berta

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You asked a very good question and the best info I found was from a vet Law firm:

https://bntdlaw.com/veterans/types-of-claims/survivor-claims/dependency-and-indemnity-compensation/

"DIC is available were a service connected disability either caused death or contributed to the death.  The veteran need not have been service connected for the cause of death in order for DIC to be available.  The qualified survivor can raise the issue of service connection for the first time in connection with a DIC claim.

DIC will also be awarded if either of these criteria apply:

  • The veteran was receiving or entitled to receive compensation for a disability at the 100% level for at least ten years prior to death.  This also includes a 100% rating under TDIU.
  • Also, DIC will be awarded if the veteran was receiving or entitled to receive compensation for a disability at the 100% level for five continuous years since discharge from active duty.
  • Finally, DIC will be awarded if the veteran was receiving or entitled to receive compensation for a disability at the 100% level for one year and the veteran was a POW.

Surviving spouses, child(ren), and dependent parent(s) of veterans may be eligible for DIC as well."

It basically says what the VA regs say but I wanted to double check, because these regulations so not account for TDIU and they should...

 

"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"

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

 

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

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