About Dependency Indemnity Compensation

[Yvonne B]

I did everything to prove my husband's death was service connected from PTSD. At his time of death he was receiving disability compensation his total rating was 70%. The letter I got in today from VA about my D I C claim and this is what was stated on the letter: Service connection for the cause of death was granted.They didn't approve any accrued benefits because my husband was getting his disability.Because I am on Survivor's Pension they say on the letter your current monthly benefit will continue unchanged.

I called VA this evening and I was told because my husband's rating wasn't 100% I could not get the amount for D I C which seems like BS.Yet my husband's death is service connected.He died from the PTSD which caused his heart condition it is all listed on the letter I got in today what all VA said.I read D I C rules and it says if it is service connected.

Is VA right that it has to be 100% disability my husband would have had to receiving?

I would appreciate any response,thank you.God Bless and Thank you to everyone who did serve or is serving!

[broncovet]

I read the same thing you did.  It said if he "died from a service connected condition", then you are eligible.  It sounds like you need to appeal.  But, Berta is our DIC expert, and she will know for sure.  

Have you filed for a substition of claimant?  You probaby want to do that, especially if he could/should get a higher rating.  

[brokensoldier244th]

What was the cause of death listed, and the reasoning? The wording is important.

 

 

https://www.veteransaidbenefit.org/dependency_and_indemnity_compensation.htm

 

[GBArmy]

As Broken said, cause of death is really important. For DIC, the veteran's cause of death must be directly related to what he had for service-connection, or, be 100% s-c for 10 years. If he was rated at 70% combined, that doesn't work for you. So the wording on the dc is vital. Hard to advise without knowing any detail.

[Berta]

Yvonne- can you scan and attach here that letter,as to their rationale for the award, and the Evidence list?

Cover the C file #, name, address, prior to scanning it.

Part of this makes no sense to me at all.

"this is what was stated on the letter: Service connection for the cause of death was granted.They didn't approve any accrued benefits because my husband was getting his disability."

"Because I am on Survivor's Pension they say on the letter your current monthly benefit will continue unchanged."

Accrued benefits are awarded ,only if the accrued application was received within one year after death, and the VA has accepted you as substituted for the veteran.***** unless it is a Nehmer AO claim.

But they, accrued benefits , in most cases ,***** (unlss CUE occurred) depend on a claim that was pending at VA when he died.Did he have any claim pending when he died? Was their a deferred TDIU application from him? Had he claimed the heart disease?

Do you have his C file and VA medical records?

"Because I am on Survivor's Pension they say on the letter your current monthly benefit will continue unchanged."

Do you mean a Wartime survivor's limited income pension?

I get $ 1,319.02 as DIC with no minor children,  a month. I hardly think the Wartime pension would be that high.

"He died from the PTSD which caused his heart condition it is all listed on the letter I got in today what all VA said.I read D I C rules and it says if it is service connected."

Good for you- because those type of claims can be very difficult to win.

When the coroner asked me what disabilities my husband had ( he had been malpracticed on so I only knew of the TIAs, HBP, stroke, and his PTSD,) the coroner told me he is very well aware of how serious PTSD is but he never listed it on any death certificate.

The cause of death was a major heart attack- ( VA knew for 6 years he had IHD but never told him or me, and never treated it. He also had DMII, which the VA malpracticed on and never told the veteran or  me)

I get DIC due to both of those theories AO DMII and AO IHD,which was initially 1151 DIC. I also have an accrued claim filed under CUE for his AO HBP. 

The VA made numerous errors on my issues, all geared to prohibit me from attaining what VA regulations say I should have, in spite of my evidence, which they continually ignored.

So,if your husband was Incountry Vietnam, they might have failed to consider the heart disease.......

If AO isn't applicable, I still do not get their letter ----as to the Pension benefit.

 Was your husband an incountry Vietnam Veteran?  Was he possibly  exposed to AO eslewhere?

What type of heart disease did he have- CAD? Ischemic heart disease? (IHD)

The VA will service connected a death due to AO exposure in Vietnam ( and some Blue Water Navy vets- info in our AO forum on that) if the veteran died with CAD or IHD causing  or contributing to death.

******If the claim for DIC falls under Nehmer, it does not matter when the accrued application was filed.

But still "accrued"  rests on a claim pending at the VA when he died.

We need to see the letter from VA.

They told me twice that they could not pay me for two disabilities my husband had because they said I already got enough money- I am aggressively fighting that now- and I have 25 years of erroneous decisions my VARO made on my DIC and accrued  issues.

I had to fight VA over every one of them so I am well aware of how ruthless the VA can be regarding widows.

They hope we do not have a clue on what they legally owe us.

You also stated:

"I called VA this evening and I was told because my husband's rating wasn't 100% I could not get the amount for D I C which seems like BS.Yet my husband's death is service connected."

That is certainly AbsoluteVA  BS-

My husband only had a 30% SC PTSD  rating when he died, and had two claims pending.I got accrued benefits for proving those claims.

100% P & T SC PTSD awarded posthumously as Accrued, and 1151 DIC due to his 1151 claim pending when he died, changed to direct direct SC death in 2009 and 2012

As I mentioned, I have 3 separate DIC awards.

 

 

 

 

 

 

 

 

 

 

Edited November 26, 2019 by Berta

[broncovet]

If the VA determined, like you posted, "died from a service connected condition", then you should get DIC as I interpret it.  Re read your letter, or post it, as Berta suggested.  

If you husband died of a service connected condition and you meet other eligibility criteria, you should get DIC.  And, as Berta pointed out VA rating specialists have no clue.  

Most of the time Veterans have to appeal to get our benefits, they dont treat widows any better.  Its deny first, ask questions later.  

This is the other criteria you have to meet:

Quote

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.

The surviving spouse was:

• Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
• Validly married the Veteran before January 1, 1957, OR
• Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated, OR
• Was married to the Veteran for at least one year, OR
• Had a child with the Veteran, AND
• Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND
• Is not currently remarried

 

[Berta]

Broncovet , this is why I say here from time to time, to make sure the spouse is fully aware of your VA issues, 

and hopefully can use a PC. They need to get a copy of your C file and VA medical records as well, unless you die from a clear cut 100% P & T for ten continuous years.

I had two former POAs and they didn't know anything about DIC or accrued benefits.I realise that DIC claims are not as prevalent as direct SCclaims from living veterans, to the vet orgs,  but all of the Big Six  and hopefully all other vet reps VSOs, etc, got the same training I got from NVLSP on DIC and accrued.

I bet half of them still do not even understand Nehmer.

I realized , as a member of BWNVVA, that this site seems to be the only veterans site with ample info on Nehmer as well as the Blue Water NAvy AO Issue.

VA is supposed to be contacting BWN vets who had a past AO presumptive denied, but they didnt mention the thousands of widows, who might be eligible next year for AO DIC.(I say next year because that is when the news might make the airwaves Nationally, on HR 299 and Procopio.

How will they ever find out---unless they come here-or actually get a vet rep who really understands Nehmer.