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Unemployability Award

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Shawnkatt1

Question

My husband received notification that the VA has approved his request for Individual Unemployability. 

We know what his new monthly entitlement amount is,  but I'm trying to get familiar with the other "entitlements" that are available with an Unemployability award to make sure we don't miss deadlines,  and to ensure we turn in any paperwork that might be necessary, etc. 

1. My understanding is that with TIU there are spousal death benefits,  but I'm not finding any clear info on that. 

2. His award letter mentions educational benefits - any details on those would be appreciated. 

3.  The award letter doesn't mention that it's a permanent award,  and it doesn't mention that is not...?

Any input on the above,  and any entitlements I've not mentioned,  would be greatly appreciated.

Thanks everyone!

 

 

 

 

 

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TDIU isn't always permanent but if your award letter mentions educational benefits, though, that is usually an indicator that it is. Usually that means chapter 35 for the spouse and dependents. The veteran themselves doesn't really have access to much in the way of educational benefits unless they go through VA Voc Rehab. Read up on Chapter 35 DEA benefits and you'll get the scoop on that. 

 

CAS

 

https://cck-law.com/news/tdiu-permanent/

 

 

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When a veteran dies from a service-connected disability, that veteran’s surviving spouse, children, and under some conditions, parents are eligible for dependency and indemnity compensation (DIC) from VA. DIC is a monthly payment made to a surviving spouse, child, or parent because of a service-connected death.

A spouse must establish entitlement to DIC under one of these conditions:

  • the veteran died on active military service; or
  • the veteran had a service-connected disability that was either the principal or contributing cause of death; or
  • the veteran died from a non-service-connected injury or disease and was receiving, or entitled to receive, VA compensation for a service-connected disability rated totally disabling for at least (a) 10 years before death, (b) at least 5 years after the release from active duty preceding death, or (c) at least 1 year before death, if the veteran was a former prisoner of war who died after September 30, 1999.
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Since they awarded the DEA educational benefits-they determined he was Permanent and Total- but I hope they would make that clear in the award letter.

A TDIU or 100% P& T vet's dependent are also eligible for CHAMPVA.

Much info here.

https://www.benefits.gov/benefit/318

I was awarded CHAMPVA and Chapter 35 DEA benefits and have used both of them- 

I got my degree from AMU under Chap 35, and saw my PCP yesterday (got a great health report)  and 

between Medicare and CHAMPVA my only costs are co pays for one med I take.

If you chose Meds by Mail there would be no cost for meds at all.

See if your local property tax people have any exemptions for disabled veterans-

we have that here in a very rural community, with many vets.

Their survivors, like me, also get a property tax exception- I actually get two.

One is under combat veteran criteria and the other is on P & T status of my husband in his lifetime and  also service connected death. They have 3 exemptions but only award two.

Toddt gave you the DIC run down, but I always add to that, ( the VA web site forgets to put this in) if a veteran dies due to Section 1151, 38 USC- meaning the veteran died of proven VA malpractice, the VA will award DIC.

Been there done that. But I was successful after getting 1151 DIC ,to prove that my husband died of two Agent Orange conditions, both malpracticed on , so that changed everything and  the VA had to then award me a direct service connected DIC award. 

 

 

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Forgot you asked for details on the Chapter 35 DEA:

This might help:

https://www.benefits.va.gov/GIBILL/DEA.asp

As a survivor ( I think this applies to all DEA civilians) I had to first make sure my school was VA approved ( most of them are) and it was a Military school- no problem there-

Then when I enrolled I had to pay the tuition myself for each semester, and then a VA liason at the school forwarded the payment to VA Educational Department and they would reimburse me.The reimbursements were not always consistent but this was ten years ago. I was their first civilian in a degree program, at American Military University- and their first Chap 35 person, but I am sure by now they might have move civilians under DEA.

Also there are age limits to DEA- explained at the web site above, and also if your adult child is a veteran, they will extend their delimiting Chap 35 date, for as long as their military service was.

My daughter was close to age 26, the traditional cut off date, but she served in the military for 7 years and that amount of time was added to her DEA entitlement. She had so many credits from the Mil, that she wanted to stay away from the VA and paid for the rest of her degree herself. 

Also there are provisions of certificates for survivors , as well unless DEA has changed. I received a Certificate in Military Studies along with my diploma, but I think that was because the college awarded it to Mil studies who graduate with Honors.Most of my training at AMU came from the United States Marine Corps and it was Hard work but  absolutely Wonderful. I apply tactical warfare maneuvers to my VA claims.

 

 

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