nvm

[3grandkids]

Nvm

Edited January 4, 2022 by 3grandkids
nvm

[Berta]

I got a email notification on this:

"Hi Berta,
3grandkids has posted a question, DIC effective date? Regulations?
 

Posted in DIC DIC effective date? Regulations? Hi all,  Happy New Year.  Well just an update after a long battle.  My Marine husband passed away nine years ago at 90% service connected w..." however I cannot find the actual DIC post here.

[Berta]

I will try to answer without the whole post.

If a DIC claim is filed within one year of a veteran's death and is awarded the EED is the date of the veteran's death.

The only exception to tthat iss if it is a Nehmer claim.

"DIC Regukations:

Eligibility
You may be eligible for VA benefits or compensation if you meet these requirements.

One of these must be true:

You lived with the Veteran or service member without a break until their death, or
If you’re separated, you weren’t at fault for the separation
And one of these must be true:

You married the Veteran or service member within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse, or
You were married to the Veteran or service member for at least 1 year, or
You had a child with the Veteran or service member
Note: If you remarried, you can receive or continue to receive compensation if one of these describes you:

You remarried on or after December 16, 2003, and you were 57 years of age or older at the time you remarried, or
You remarried on or after January 5, 2021, and you were 55 years of age or older at the time you remarried
Evidence
You’ll need to provide evidence with your claim showing that one of these descriptions is true for the Veteran or service member. Evidence may include documents like military service records, doctor’s reports, and medical test results.

Provide evidence showing that one of these is true:

The service member died while on active duty, active duty for training, or inactive-duty training, or
The Veteran died from a service-connected illness or injury, or
The Veteran didn’t die from a service-connected illness or injury, but was eligible to receive VA compensation for a service-connected disability rated as totally disabling for a certain period of time
If the Veteran’s eligibility was due to a rating of totally disabling, they must have had this rating:

For at least 10 years before their death, or
Since their release from active duty and for at least 5 years immediately before their death, or
For at least 1 year before their death if they were a former prisoner of war who died after September 30, 1999
Note: “Totally disabling” means the Veteran’s injuries made it impossible for them to work.

As a surviving child
As a surviving parent
What kind of benefits can I get?
If you qualify, you can get tax-free monetary benefits. The amount you receive depends on the type of survivor you are.

DIC benefit rates for surviving spouses and children
DIC benefits for surviving parents

How do I apply for compensation?
First you’ll need to fill out an application for benefits. The application you fill out will depend on your survivor status.

If you’re the surviving spouse or child of a service member who died while on active duty, your military casualty assistance officer will help you to complete an Application for DIC, Death Pension, and/or Accrued Benefits by a Surviving Spouse or Child (VA Form 21P-534a). The officer will help you mail the form to the correct VA regional office.
Download VA Form 21P-534a (PDF)

If you’re the surviving spouse or child of a Veteran, fill out an Application for DIC, Death Pension, and/or Accrued Benefits (VA Form 21P-534EZ).
Download VA Form 21P-534EZ (PDF)

If you’re a surviving parent, fill out an Application for Dependency and Indemnity Compensation by Parent(s) (VA Form 21P-535).
Download VA Form 21P-535 (PDF)

You can apply for this benefit in any of these ways:
Work with an accredited representative.
Get help filing your claim

Use the direct upload tool through AccessVA to upload your form online.
Go to AccessVA to use direct upload

Mail your form to this address:

Department of Veterans Affairs
Pension Intake Center
PO Box 5365
Janesville, WI 53547-5365

Go to a VA regional office and get help from a VA employee.
Find a VA regional office near you

Should I submit an intent to file form?
You may want to submit an intent to file form before you apply for DIC benefits. This can give you the time you need to gather your evidence while avoiding a later potential start date (also called an effective date). When you notify us of your intent to file, you may be able to get retroactive payments (payments that start at a point in the past).

Find out how to submit an intent to file form

Other VA benefits for survivors
VA Survivors Pension benefit rates
Find out if you’re eligible and how to apply for VA pension benefits as a surviving spouse or child of a deceased Veteran with wartime service."

https://www.va.gov/disability/dependency-indemnity-compensation/#am-i-eligible-for-va-dic-as-a-

The VA always seems to forget DIC under Section 1151.

If the VA, by virtue of documented medical evidence,caused the death of a veteran ,the spouse can apply for DIC under Section 1151, 38 USC.

There is plenty of info here on 1151 deaths.

The cause of death is the same criteria for a FTCA wrongfu death claim-that the VA failed to diagnose and treat properly a condition that caused or substantially contributed to death, and/or any proof whatsoever that the VA failed to provide medical care consistent with the "usual" medical community- meaning that  non VA medical professionals would have diagnosed and treated the veteran more appropriately.

Independent medical opinions are often the only way to succeed on Section 1151 claims.