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DIC award !


Berta

Question

It is in this link today!

https://community.hadit.com/topic/70624-am-i-wasting-my-time/#gsc.tab=0

It pays to have these awards noted in the Success forum or as an award in the DIC forum , because they give hope to others.

DIC can become a complex issue but Seabee's wife gave them the evidence they needed.

 

 

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.

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  • Content Curator/HadIt.com Elder

Great info!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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I keep getting emails from some of you folks saying your VSOs have been saying DIC eligibility has been decreased to 8 years. Read 38 USC §1311(a)(2). A $272 increase from the basic rate is for application after 8 years. §1318 still requires the ten year minimum. Remember, some spouses get it for their husband dying in service (0 years); others if he dies within 5 years of discharge and still others for being a POW. Remember to read the regs before trying to teach us the regs. Your consideration is appreciated. As for VSOs offering meaningful advice,  that's a non sequitur.

 

Edited by asknod

 

 

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Thanks Alex......

I am surprised to hear that from any members here, as to the 8 year thing.... Then again I have stopped answering a few DIC members here over the years -because they haven't heeded your excellent  advice. DIC is often a complex issue ---because  the survivor ,themselves, has made it a complex issue.

The regulations are not that difficult to follow.

As you said:

 "Remember to read the regs before trying to teach us the regs." 

This recent BVA case shows that the 8 year enhanced DIC rule has not changed:

"FINDING OF FACT The Veteran was not rated totally disabled due to a service connected disability for a continuous period of at least eight years immediately preceding his death in November 1997. CONCLUSION OF LAW The criteria for enhanced DIC have not been met. 38 U.S.C.A. §§ 1131(a)(2), 1311, 1318 (West 2014); 38 C.F.R. § 3.5, 3.21 (2016).

https://www.va.gov/vetapp17/files3/1718917.txt

 

Edited by Berta
added BVA case to explain)

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.

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  • HadIt.com Elder

I am not sure but for some veterans spouses they take things for grante  or never get involved with the veterans claim of benefits...when he dies then they come out and need help, so my point is to all veterans please inform your spouse a little about  VA Benefits  they can't ask you when your gone.

Read about the DIC Benefits found here on hadit  or Google search them.

or go to Alex blogs

Asknod.org

Asknod.com

Edited 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!!!

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