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Are D.I.C compensation " Forever "?


iraqx2

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Hello. This past April marked my 10 year anniversary as " Permanent and Total " Disability with the VA ( 100% SMC S ). I know this is a very important milestone. Currently I am single. My question...., if I would someday start a family and get married, and god forbid I get hit by a bus or past by any cause, my wife would receive D.I.C. My passing can be for any reason and D.I.C payments will last forever if my wife does not remarried?? Is that true?

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I will post Quattlebaum in the DIC forum.

The VA treated this widow the same way they treated me- by not properly extending their VCAA rights  to the widow. It happened to me twice, but only because I know the regulations, o I won those cases anyhow.

I wonder how many survivors out there are treated by VA so recklessly and they might have valid claims, but they are denied.

It speaks of a mantra I keep posting here from time to time- make sure your spouse knows your claims and disability status, and can use a PC to get here, for the info they need.I had former vet reps but they didnt have a clue on DIC and accrued.I did better without them. I have 4 DIC awards (only one payment but 4 separate awards.

One of my CUEs is to rectify the fact that my husband had 100% P & T SC PTSD ,awarded 2 1/3 years after he died and also 1151 HBP, contributing to death and direct AO SC DMII  causing death and AO IHD, also to include 1151death, and catatrophic stroke under 1151, rated at 100% P & T by 2 VA doctors, also by a former VA secretary, awards from th original AO Settlement fund, and other info.and prevented him from continuing Voc Rehab.

The director of my RO called me twice to try to get me to believe that he was 100% total but not Permanent regarding the stroke when he died. It was never an issue with their PTSD100% P & T award.

I asked what miraculous cure he got that VA failed to inform of - no answer, and I also mentioned that all 100% total disabilities become Permanent at death even without medical documentation of the P status which I had and they even confirmed receipt of it all.

The stroke , in the FTCA case (wrongful death),was one of multiple misdiagnosed or undiagnosed and untreated conditions he had, and all contributed to his death.

I wonder how many widows she tried to pull that one on. I hope you dont deal with Buffalo VARO.

 

 

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If the wife and you were married for at least one year she would be eligible for DIC, from the ten year continuous 100% P & T, regardless of what caused your death.

The DIC would continue  unless she remarried but the regulation says that when a spouse rceiving DIC remarries after age 57, she can usually retain her DIC.

Chris Attig, vet lawyer and hadit member puts it this way:

"One word of caution, if you are a  surviving spouse who remarried before December 16, 2003, and on or afterattaining age 57, the VAs position is that you must have re-applied for DIC between December 16, 2003, but no later than December 15, 2004, in order to have DIC restored.

The VA claims that they must deny applications received after that date; a recent decision by the Federal Circuit Court of Appeals (CAFC) in Frederick v. Shinseki (July 2012), seems to support that viewpoint.

Court’s Holding in Quattlebaum brings GREAT news to Veterans Survivors!

Find out how to get the MOST IMPORTANT Document in Your VA Claim."

https://www.veteranslawblog.org/veterans-benefits-dic-and-remarriage/

I need to check out the case he mentioned. I am a surviving spouse.

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On 5/20/2019 at 8:12 AM, Berta said:

I will post Quattlebaum in the DIC forum.

The VA treated this widow the same way they treated me- by not properly extending their VCAA rights  to the widow. It happened to me twice, but only because I know the regulations, o I won those cases anyhow.

I wonder how many survivors out there are treated by VA so recklessly and they might have valid claims, but they are denied.

It speaks of a mantra I keep posting here from time to time- make sure your spouse knows your claims and disability status, and can use a PC to get here, for the info they need.I had former vet reps but they didnt have a clue on DIC and accrued.I did better without them. I have 4 DIC awards (only one payment but 4 separate awards.

One of my CUEs is to rectify the fact that my husband had 100% P & T SC PTSD ,awarded 2 1/3 years after he died and also 1151 HBP, contributing to death and direct AO SC DMII  causing death and AO IHD, also to include 1151death, and catatrophic stroke under 1151, rated at 100% P & T by 2 VA doctors, also by a former VA secretary, awards from th original AO Settlement fund, and other info.and prevented him from continuing Voc Rehab.

The director of my RO called me twice to try to get me to believe that he was 100% total but not Permanent regarding the stroke when he died. It was never an issue with their PTSD100% P & T award.

I asked what miraculous cure he got that VA failed to inform of - no answer, and I also mentioned that all 100% total disabilities become Permanent at death even without medical documentation of the P status which I had and they even confirmed receipt of it all.

The stroke , in the FTCA case (wrongful death),was one of multiple misdiagnosed or undiagnosed and untreated conditions he had, and all contributed to his death.

I wonder how many widows she tried to pull that one on. I hope you dont deal with Buffalo VARO.

 

 

Do we know if the law will change with regards to DIC marriage rule?  I am 55 and would like to remarry before 57.

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The only way that law will change is if Congress changes it.

Anyone can write a Bill and try to have Congress and the Senate introduce it to the H/S VAC  and amend Title 38, USC.

I presently have many amendments at the House and Senate regarding a Bill I wrote , also  a bill  (S 221)   that I have corrected, and there is a hearing on this bill today- and I am working on another Bill. But this is a very time consuming endeavor, and one needs to know Title 38 enough to prepare a Bill that amends that title.

It  has been and will be reducing my time at hadit considerably - nevertheless, there are two very important issues that veterans and their survivors deal with that MUST be changed.

I am a surviving  spouse myself. 

Edited by Berta (see edit history)
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