ELIGIBILITY QUESTION

[BUZZ]

This woman's husband pass away about a year ago from a heart attack ,he was receiving compersation for CAD (AO) at 10%, is she eligible to file for DIC.They had no children,if so,what amount would she receive if she is eligible,he belong to the DAV 

[broncovet]

She should file for DIC.  The regulations are here, so yolu can read them yourself:

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

Dic rate tables are here:

https://benefits.va.gov/Compensation/current_rates_dic.asp

[Berta]

I get 1,319.04 per month DIC- no children under 16.

Broncovet is correct to refer you to the DIC regulations and we have considerable info here at hadit in our DIC forum.

I assume this was a Nehmer claim and wonder why the 10% was so low, when Nehmer came out (2010).

At first glance I would say she is eligible for DIC but I am adding Maybe- because

it is very diifcult for us here to handle third party issues - particularly DIC claims.Often too many nuances.

Can she join us here herself?

 

 

[Berta]

I bumped this up recently for a local widow-

These are questions that need accurate answers.

I

[Berta]

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

Regular DIC Benefits 

bumping this up for someone local who needs- 

Please note that DIC and accrued are different for survivors who fall under Nehmer - meaning their spouse was either incountry Vietnam during the war, or served on a ship that was, per their deck logs, within the 12 mile limit of Vietnam shore, during the War,  The October ship's list is here, updating the July VA AO ship's list

but whether their ship is on the list  or not,

if their deck logs put them into the 12 mile criteria,

if they had an  AO presumptive, the surviving spouse ( or adult children if no surviving spouse)  should file for compensation /accrued

-and if the veteran had been denied in the past for AO, the survivor will need a copy of their denial, for the best potential EED they can get. 

More on this in our AO forum-I have simplified the basics on Nehmer here- it is detailed in our AO forum.

Blue Water Navy vets who fit into the criteria of HR 299 and Procopio are being extended the same equity as incountry Vietnam Veterans....thanks to the relentless hard work of  determined veteran  advocates, many who do not even have a dog in the BWN AO fight.They are Heroes in my book. This whole ordeal was a BATTLE.

 

Edited October 31, 2019 by Berta