Are Payments A Month Behind?

[free_spirit_etc]

I am really not ready to start dealing with the WHOLE VA mess right now - though I know I should at least get the DIC claim filed to protect the filing date.

But right now I am just handling what needs to be handled right now.

My question is -

It look like the last disability check is considered belonging to the surviving spouse. My husband was approved for 20% disabled.

Are the VA payments a month behind? (like Social Security?)

i.e. Does this mean I keep the payment for February and the one for March (if he recieves it) - as the March payment would actually be a payment FOR February?

Or are the payments made FOR the month -- meaning that his February payment covered February -- and if he recieves a March payment I need to return it.

Thanks Free

© (1) Where a veteran receiving compensation or pension dies after December 31, 1996, the surviving spouse, if not entitled to death compensation, dependency and indemnity compensation, or death pension for the month of death, shall be entitled to a benefit for that month in an amount equal to the amount of compensation or pension the veteran would have received for that month but for his or her death.

(2) A payment issued to a deceased veteran as compensation or pension for the month in which death occurred shall be treated as payable to that veteran’s surviving spouse, if the surviving spouse is not entitled to death compensation, dependency and indemnity compensation or death pension for that month and, if negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under paragraph ©(1) of this section. However, if such payment is in an amount less than the amount of the benefit under paragraph ©(1) of this section, the unpaid difference shall be treated in the same manner as an accrued benefit under §3.1000 of this part. (Authority: 38 U.S.C. 5310()

[Josephine]

I am really not ready to start dealing with the WHOLE VA mess right now - though I know I should at least get the DIC claim filed to protect the filing date.

But right now I am just handling what needs to be handled right now.

My question is -

It look like the last disability check is considered belonging to the surviving spouse. My husband was approved for 20% disabled.

Are the VA payments a month behind? (like Social Security?)

i.e. Does this mean I keep the payment for February and the one for March (if he recieves it) - as the March payment would actually be a payment FOR February?

Or are the payments made FOR the month -- meaning that his February payment covered February -- and if he recieves a March payment I need to return it.

Thanks Free

© (1) Where a veteran receiving compensation or pension dies after December 31, 1996, the surviving spouse, if not entitled to death compensation, dependency and indemnity compensation, or death pension for the month of death, shall be entitled to a benefit for that month in an amount equal to the amount of compensation or pension the veteran would have received for that month but for his or her death.

(2) A payment issued to a deceased veteran as compensation or pension for the month in which death occurred shall be treated as payable to that veteran’s surviving spouse, if the surviving spouse is not entitled to death compensation, dependency and indemnity compensation or death pension for that month and, if negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under paragraph ©(1) of this section. However, if such payment is in an amount less than the amount of the benefit under paragraph ©(1) of this section, the unpaid difference shall be treated in the same manner as an accrued benefit under §3.1000 of this part. (Authority: 38 U.S.C. 5310()

Free,

I am so sorry for your loss and just wanted to let you know that I think of you often. I do not know the answer to your questions, but wanted to let you know that I am thinking of you. You are the best!

Always,

Josephine

[Pete53]

I think that VA and Social Security pay a month behind.

[Berta]

Free they used to whip out the veteran's last VA comp check amount from the checking account- ASAP-

This happened to me-

Things have changed but I believe you are entitled to the check for the whole month of his death-and I assume they have not attempted to recover it-

as I understand this erratum in M21-1 -the most recent thing I could find- they should allow you the check for the month of his death.

http://www.warms.vba.va.gov/admin21/m21_1/...4/chg216err.doc

It seems to me that as I recall- the VA did withdraw Rods last check that came 2 weeks before his death-right from our checking account- but I dont think they do that now-

Then when I was awarded DIC ,it went back to first month death occurred in so they did send it -----3-4 years later-

[free_spirit_etc]

Thanks everyone. I wasn't sure. I guess it would be best to call them Monday and find out if they are going to take the February payment back out of our account -- and / or if they are going to send one in March for February. Not that I won't still question what they tell me - but at least I will know where I stand. And since I just pretty much wiped out the bank account paying for his funeral -- I need to find out if they will be dragging money back out of it.

Josephine -- thanks for your caring and concern. I am honored. :) I know you posted on another post too. But I haven't responded to them all. Right now I am straightening up the house (which got VERY unstraight in the last couple of months - taking care of him at home and being with him in the hospital 24 / 7) --- and then I start going through the paperwork to see what needs to be done and what to take to the attorney Monday --- and then I get on the computer....When one of those gets overhwelming I move onto the other.

Free