8 years or 10 years for T&P

[bassrunnin]

I’m coming up on 8 years T&P and I thought that I read somewhere that they changed the requirement from 10 years to 8 years. Am I misreading some of the information because I’m also seeing it’s still 10 years?  Thanks

[jbasser]

55 minutes ago, bassrunnin said:

I’m talking about if I die from something that is not service related. For example I’m 100% for PTSD but I die in a car accident. How long do I have to be T&P until family would qualify for DIC. Also, if I die either before or after 10 years do my kids still get DEA? (College assistance)   Thanks 

10 years. As long as you are P and T your dependents will receive Chapter 35 education benefits. A wise Idea would be invest ion a High Dollar AD&D policy. It is cheap.

[Vync]

Since you are P&T, your dependents would receive CHAMPVA and Chapter 35 DEA as long as they are still eligible and qualify. If you pass away, I assume there would be no change in those benefits.

I'm aware of DIC, but not near as familiar with it as other members. Here's a quick link to their site: https://www.va.gov/disability/dependency-indemnity-compensation/

[Berta]

"It’s 10 years for DIC any cause of death and 8 years there is a difference per % that your spouse gets and from 1 to 10 years you have to die from a S/C disability."

 

I am a Gold Star WIfe. I get DIC.I do not get a "% that your spouse gets" The DIC cmpensation rates are all explained at the VA web site here as well.

 

My husband was 30 % SC for PTSD when he died.I was eligible for " accrued benefits". Not all surving spouses are.

 

The day he suddenly died he asked me to promise 2 things- one was to continue his claims that were pending at the Buffalo VARO,if he died.  6 hours later he died.

 

I continued his claims and they both succeeded.

He was awarded 100% P & T SC for PTSD posthumously, 3 years later.And 100% "as if' SC for a stroke the VA had caused.(1151)

I also won a SMC CUE- he was awarded SMC S

 

When a SC veteran dies with 100% SC, no matter how long the posthumous EED goes back to, the veteran has suffered a SC disability that was "Permanent and Total" in his or her lifetime.

The VA had ignored his  21-8940-thats OK, they cannot award TDIU to a dead veteran.

 

Vync is correct-I get DEA and CHAMPVA  and in most similar cases the kids get Chapter 35 too and  CHAMPVA . The age of the child is a factor.

 

Marine Corps 68/70-thanks for helping vets here-dont feel bad! The DIC  regulations are more complex than the regs for living veterans.

And there is erroneous info on the net and at other sites- 

 

A veteran's advocate here in NY, I knew for decades ,was giving some widows of vets very erroneous information.She was also a Radio show guest sometimes.

I was shocked when she told me what she was asking these widoes to do.

 

She got upset with me when I sent her the actual DIC regulations.She never called me or emailed me again.

 

She probably had cost some widows their proper EED for DIC. If so, She could be sued.Might have been- her internet footprint has changed.

 

That is why I have done many End of Live Radio shows here- and I try to answer any survivor's question.

 

I mentioned GSWs,Inc- we have Gold Star husbands, too.

They have had a victory to some great extent- on the SBP offset:

https://www.goldstarwives.org/News-&-Community/8402270

 

They fought this for years-us widows are Tenatious! And we Never give Up!

Agent Orange vet survivors, if they fall under Nehmer, have other 

beneficial regulations-

It is all here under the many posts I have made as to "Footnote One Nehmer"- diregard the arguments in the post-the "agent"was cmpletely wrong.

 

DIC is for all qualified spouses to include same sex marriages-

Carlie's wife was treated very well by the VA but she and Carlie had only been married for less than a year- one DIC criteria, and the VA could not legally award her DIC. 

 

As I says often here get your spouses up tospeed on your VA issues. Make sure they can use a PC. So they can get here.

 

There are vet reps out there who dont have a clue on DIC.

 

 

 

 

 

 

 

I mentioned GSW because they get an offset of their VA benefits, nd have been fighting that for DECADES.

 

Edited March 11, 2022 by Berta
added more

[broncovet]

Bassrunnin..

    Are both you and your spouse disabled Vets?  That could make a difference, but it should be in your favor.