Survivors benefits?

[mwillis71]

My father in law, "Marine Corps Gunny" passed away suddenly Friday and we are really hurting as a family. He was 70% disabled but also retired. I'm not sure how or if that factors in with disability pay/retirement pay. My question is What does his wife and daughters need to do as far as VA disability and retirement is concerned? You all are such a blessing!

[JKWilliamsSr]

Two things could possibly come into play here.  There is the Survivor Benefit Plan for retirement and Dependency and Indemnity Compensation (DIC) for disability.

 Both have specific eligibility requirements that must be met.  Here is a link that could provide some information.

Survivor Benefit Plan (SBP):  https://www.dfas.mil/retiredmilitary/survivors/Understanding-SBP-DIC-SSIA/

At the bottom of that page there is a link where you can initiate the process by clicking on the Reporting a death link.  That will take to a page with step by step instructions.

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

 

[jbasser]

For VA purposes ,at 70 percent he would have to have passed from a service connected condition, It does not have to be the main condition but a contributing factor. 

Edited March 22, 2022 by jbasser

[broncovet]

Basser and Williams are correct.  The Veterans death "must be caused from a SC condition" to qualify at 70 percent.  "If" he was TDIU, then things can change.  

If awarded DIC, this would mean about $1437. per month.  https://www.va.gov/disability/survivor-dic-rates/#:~:text=Your monthly payment rate is%3A %241%2C437.66&text=You may also be eligible,that are true for you.

In order to apply for DIC, I would recommend getting in touch with a local VSO you feel comfortable with, and apply for DIC through them.  

If you ask VSO, "Can you help me apply for DIC"?  And he asks "What is DIC?", then find another one, as this one knows much less than we do.  

If you keep hadit informed as to "what is happening", then we can guide you further.  

"If" the Veteran had any claims filed, or any appeals pending, then you should file a "Substitution of claimant".  This would put "the spouse" as the claimant and you can continue this claim/appeal.  

The family is not always knowledgeable about whether or not the Veteran has claims or appeals pending, so the safe way is just to file the Substitution of claimant.  

https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf

[Vync]

@JKWilliamsSrIsn't the Survivor's Benefits Plan a optional program that you must have opted/payed into?

[JKWilliamsSr]

17 hours ago, Vync said:

@JKWilliamsSrIsn't the Survivor's Benefits Plan a optional program that you must have opted/payed into?

I believe so because there is a monthly premium for it.

[mwillis71]

I'm not sure. Good question!