DIC 100 percent permanent and total

[TiffanyP]

My husband and I are getting life insurance figured out and things we should have a while ago in case something ever happens to him. We are trying to figure out if I would get DIC if he passed away and how much. He medically retired at 100 percent permanent and total in 2012. We have been married for 11 years and have four school aged kids. Would I get DIC? How long does it take to file the claim and receive it after death? We do have veterans mortgage life insurance in place now. Would I automatically qualify for DIC or is that up to the VA? Thank you!

[broncovet]

You become eligible for DIC if your husband Either:

1.  Dies of a Service connected condition OR

2.  Dies for "any reason" after he has been P and T for 10 years.   More precisely, read this:  

     https://benefits.va.gov/BENEFITS/factsheets/survivors/dic.pdf

     

[TiffanyP]

Thank you. What about this part

 

 Since their release from active duty and for at least five years before death,

 

He was rated 100 percent Permanent and total right from the start when he medically retired in 2012

[GBArmy]

TiffanyP  Yes. Just as broncovet said; he was released in 2012, this is 2020. That is more than 5 years. If he were to die from a service connect disability, that is, a disability he is rated and is paid for every month, there is no qualifyng time period. You would submit a form and a copy of the death cert. It is fairly straight forward and should be done within a few weeks. They jump on turning these benefits around quickly.

[Berta]

You might want to check out the blog radio shows here that I did regarding End of Life concerns:

https://community.hadit.com/topic/68496-death-file-info/

I believe every veteran should have a death file, and, as a widow of a veteran, I sure have one as well.

A veteran who has been 100% P & T for 10 continuous years, holds a rating that the VA can award DIC from in a short period of time, after his or her death.

Many DIC claims are problematic and can take much longer.

If the death certificate shows a NSC condition as the prime cause of death, sometimes the death certificate will show a service connected condition as contributing to death. If that contribution is substantial, the VA will award DIC.

I had an unusual situation.M husband was extremely disabled but suddenly dropped dead in our barn  at age 47 .****

He was also an organ donor and that meant the Medical examiner gave him a full autopsy .

I didnt realize it at the time but

without that autopsy I would not have received DIC. I also would not have received a FTCA settlement for wrongful death.

Any survivor might well need an autopsy and I understand they can be very expensive, and with life insurance, the survivor could pay for an autopsy if they need one. An autopsy has to be requested right away. In my state ( NY) all organ donors get autopsies.

*** I performed CPR on my husband but he died as I did it-in those days it was different- mouth to mouth and chest compressions- 

But these days it is far easier to do:

https://www.heart.org/en/health-topics/cardiac-arrest/cardiac-arrest-tools--resources/helping-people-stay-alive-is-easy-with-handsonly-cpr

I have great Peace of Mind knowing I tried to revive him immediately with CPR. The ALS  (advanced Life Support man told me, when I said my husband is dead, No, he still has good color and he put the paddles on him- with no response- I told ALS that I had been giving CPR when I called the ambulance dispatcher.Then he realized my husband was dead. When my husband was in the VA hospital ( PTSD house 21 day program,) a few weeks before he died, I had bought a portable phone- this was almost 26 years and no cell phones- and I had it with me every time we went into the barn.

We have a lot of DIC iinfo here in the DIC forum and I hope all veterans keep their spouses up to date on their medical issues and make sure their spouses can get on line when the time comes, because,without a PC, I think many DIC claims will be doomed from the start. Even if the surviving spouse has a vet rep.

DIC is also paid to surviving spouses of same sex marriages, if they lived and got married in a state that recognises their marriage. But spouses have to have been married to the veteran for at least one year prior to their death.

Common Law marriages in common law states are recognized as well,with proof of common law marriage status.

 

 

[TiffanyP]

Thank you. I am so sorry about your husband. My husband has some ongoing issues that may make getting life insurance hard for the next few years (we have the veterans mortgage life insurance after he got his SAH grant). We just wanted to know how quickly the DIC would come to me. I am assuming since he has been 100 percent permanent and total since when he got out in 2012 I shouldn’t have to prove anything even if he didn’t die from a service connected disability?

[Berta]

I do understand the 5 year regulation, but I have not found any BVA case yet that would help confirm the way you understand it.

I did find this case at the BVA :

https://www.va.gov/vetapp03/files/0302820.txt

This was not a widow's claim but a veterans claim

In part it states:

 

"According to an August 2001 
deferred rating, the RO indicated that the veteran appeared 
to have raised a claim for an earlier effective date for 
"permanent and total" (P & T) status and noted that the 
issue might be handled without a rating (action) by informing 
the veteran that DIC based on 38 U.S.C.A. § 1318 was based on 
the date that the veteran was granted 100 percent, not the 
date that the "P & T" status was granted.  A December 2001 
Report of Contact (VA 119), reflects that an RO 
representative talked with the veteran on the telephone and 
explained how DIC was administered. " 

Was your husband discharged from the Military with 100% P & T or was this determined by a VARO rating, after his discharge? And if so how long after discharge, and what i the EED ( Earliest Effctive date) of the P status with the total status?

I understand your question but I have not been able to find any case yet that confirms what you have stated as to the 5 year P & T status.

I will check the OGC site.