tdiu Dic

[jimlane1949]

I have a question concernig DIC. I am TDIU T&P anf if I was to die before the 10 year rule or 8 year rule would my wife be eligible for DIC? Also, what is the difference beteen the 8 and 10 year rule?

Jim Lane

[Pete53]

Your wife can get DIC from day one if your death can be linked to your Service Connection. When you reach 10 years she can get the DIC no matter why you die. The 8 year rule confuses me.

[Guest Berta]

Jim- I never heard of the 8 year rule-

only the Five year rule, the POW rule and the ten year rule - and of course direct SC death for DIC-

and Sec 1151 death DIC

The new VBM makes a good point-

Entitlement to Sec 1318 DIC can be obtained via a CUE motion under some specific conditions-

38 CFR 3.22 (2005) these are pretty limiting conditions though-

[jessejames]

I have a question concernig DIC. I am TDIU T&P anf if I was to die before the 10 year rule or 8 year rule would my wife be eligible for DIC? Also, what is the difference beteen the 8 and 10 year rule?

Jim Lane

If you click here it goes to the Dept of Veterans Affairs page for Survivors. http://www.vba.va.gov/bln/dependents/index.htm When you click on Spouse, you will notice how cleverly the VA left out the 8 year Rule which allows an additional benefit to widows of veterans who were married for 8 continous years out of the 10 years preceding death of a 100% totally disabled veteran.

------------------------------------

They should have put this on the Survivor page:

Veteran's Death Was On or After January 1, 1993

Effective 12/1/03

Basic Monthly Rate = $967 (38 U.S.C. 1311(a)(1))

Additional Allowances:

a. Add $208 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))

[Guest Berta]

Thanks a lot! I was thinking that eight years did mean something- forgot what-

this is I believe "Enhanced DIC"-38 USC 1318- however, there was a stay on enhanced claims last year, I believe-does anyone have info on that?

I dont see anything in the new VBM about this criteria-you certainly are correct on the eight year part-I sure have not found it as current yet-

I believe our member Emily, a DIC recipient, was part of the stay on this type of DIC when her claim was in appeals status.

[jessejames]

Thanks a lot! I was thinking that eight years did mean something- forgot what-

this is I believe "Enhanced DIC"-38 USC 1318- however, there was a stay on enhanced claims last year, I believe-does anyone have info on that?

I dont see anything in the new VBM about this criteria-you certainly are correct on the eight year part-I sure have not found it as current yet-

I believe our member Emily, a DIC recipient, was part of the stay on this type of DIC when her claim was in appeals status.

Berta; I don't believe the 8 year enhanced DIC Rule had a stay since it has been coded law for some time. I think you are thinking of the one of the other rules they were ammending on DIC. Maybe the marriage part that was extended back to former widows??