Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
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

Share this post


Link to post
Share on other sites

1 answer to this question

Recommended Posts

  • 0

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

Share this post


Link to post
Share on other sites

Ad

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
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines