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!

[TiffanyP]

He was rated 100 percent P & T right at his discharge from the military. He has a permanent leg injury that requires a brace among lots of other things (TBI PTSD, etc) it actually added up to over 100 percent. I just check and his actual discharge date on his DD214 says 4/2013 (still more than five years since then. Thank you!

[Berta]

This case seems to be easier to understand:

"5.  The veteran was not in receipt of compensation at the 100 
percent rate due to service-connected disability for a period 
of at least five years immediately after his discharge from 
active service, or for 10 or more years prior to his death.  
Nor would he have been in receipt of such compensation in 
either case, but for clear and unmistakable error in a prior 
decision, which has not been established here."

https://www.va.gov/vetapp07/files2/0715614.txt

Your husband was in receipt of 100% SC P & T since his discharge- as I understand it......so I agree with your premise that you would not have to prove if his death should be service connected.

I regret I posted the other stuff above because I could not ind anything that spelled this out unti I found the above case.Maybe you shoud keep that link in a good spot.

And maybe these claims, in the event of the veteran' s death, with the disability (ies) at 100%within the five years after discharge, that in fact would become P & T anyhow at their death, if in a continuous rating-up to death, are handled and awarded at the RO office levels o no vets or their survivors would have to appeal a denial to the BVA.

This never came up before here- as to your question, so Thank you for asking it.

It does make sense that any veteran at 100% P & T within 5 years after discharge, and a continuous rating 100% rating at death would provide their survivor with basis for a DIC award.

 

 

[TiffanyP]

Thank you so much. That’s good to know. I know we would be at the 10 year mark in about 2 and a half years but it’s peace of mind if something happened before then. The veterans mortgage life insurance is also some peace of mind too until he is able to get life insurance in place. It will at least bring the mortgage down to an amount I can refinance and afford with the DIC until my children are grown. Thanks again!

[broncovet]

Tiffany..speaking of life insurance, surely you got the "free" 10,000 SDVI insurance, right?  You need to apply for Service disabled insurance within 2 years of your "new" disability rating.  

I have had  my 10,000 life insurance (paid for by waiver of premiums, that is, free to me), since 2007.  Its built up a cash value so that the loan value is about 5000 dollars now, even tho I never paid a cent.  

[TiffanyP]

I don’t think he has SDVI. When he got out it was a confusing time and he had lots of surgeries and I don’t think he ever applied or I don’t even remember anyone mentioning it. I will look into it though. He is on several medications that he may not be able to get term life insurance while on, although he should have no problem getting it in a couple years once he is off them (he is 44). We at least have the veterans mortgage life insurance in place and a accidental death policy in place. And knowing that DIC will cover most bills (and I also get 75 percent of his ssdi until my kids are 16) makes me have some peace of mind until we get a regular life insurance policy in place. 

[TiffanyP]

One more question. Does my husband working part time off and on affect the  100 percent permanent and total for five years since release from active duty rule?