David4287 Posted May 15, 2022 Share Posted May 15, 2022 A veteran who has been TDIU for 8 years dies in a house fire. Is his spouse entitled to DIC? Additionally, if a veteran holds a 100% or TDIU rating for more than 10 years can the veteran die of any cause and the spouse receive DIC? Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted May 15, 2022 HadIt.com Elder Share Posted May 15, 2022 Hi David4287, Welcome to Hadit. Unless the veteran dies from the service connected disability, he or she has to have 100% for 10 years. After 10, DIC is available for the surviving spouse if she meets the criteria. see https://www.benefits.gov/benefit/290#:~:text=What is this program%3F,service-related injury or disease. broncovet 1 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted May 15, 2022 Moderator Share Posted May 15, 2022 I mostly agree with GB Army, but I also agree its not fair to the Spouse. But, we cant change the rules. Its my "unsubstantiated opinion" (and Im not qualified to render a legal opinion, so you should ask an attorney who is familiar with DIC), that this spouse would not get DIC "unless" the fire could be directly linked to service connected conditions. Possible "workaround" example: TDIU is SC for PTSD. PTSD causes sleeping dificulties, as well as rage. Veteran goes into PTSD RAGE, then falls asleep smoking in bed, causing fire. (Of course this would need to be documented). This widow may be able to get DIC. Mostly, tho, No. If the fire was caused by an electrical short, or lighting, probably not. Its one of those legal issues that will likely need to be solved in court..unless VA voluntarily awards benefits. My advice is to seek an attorney who has great experience with DIC and ask him or her for advice. As always, I have not read the file, so cant give a good opinion on your case,that is, if there is an exception that may help you. But the stakes are high, so "at least talking" with an attorney is a good idea. Most charge zero for a consultation. But, ask them that, too, in advance. (Whether or not the attorney charges for an initial consultation) In Veterans law, most (if not virtually all) attorneys dont charge upfront for a consultation, but are happy to discuss your case. If you agree to have the attorney represent you, and he offers his services, then you negotiate a fee agreement. Mostly, your attorney "is not your attorney" until you and your attorney agree to his/her represtation, and the applicable fees. Typical fees amount to 20 percent of the retro amount, but can vary up to 35 percent, in some cases. Link to comment Share on other sites More sharing options...
0 Carl the Engineer Posted May 15, 2022 Share Posted May 15, 2022 Since the OP asked two seperate questions, I will assume that they are asking hypothetical questions, and a Veteran has not burned up in a house fire. The simple answer is file a claim for DIC, and supply all the evidence you have, i.e., the death certificate and the Veterans information. You don't need a lawyer until it gets denied. Remember, a VA grant that dose not make sense is better than a denial that makes sense. Carl “There is no hook my friend. There's only what we do.” Doc Holiday Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted May 16, 2022 HadIt.com Elder Share Posted May 16, 2022 I would do as Bronco has suggested. How many years was the vet 100% before he died? If not 10 years or direct service connected death it may be decided on technical aspects of law. This is why you probably need a lawyer. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted May 16, 2022 HadIt.com Elder Share Posted May 16, 2022 If the Vet has PTSD he might have committed suicide as a result. That would be service connected would it not? Link to comment Share on other sites More sharing options...
0 Greeter Dot09 Posted May 28, 2022 Greeter Share Posted May 28, 2022 Yes John it would but expect the va to fight it Link to comment Share on other sites More sharing options...
Question
David4287
A veteran who has been TDIU for 8 years dies in a house fire. Is his spouse entitled to DIC? Additionally, if a veteran holds a 100% or TDIU rating for more than 10 years can the veteran die of any cause and the spouse receive DIC?
Link to comment
Share on other sites
Top Posters For This Question
3
1
1
1
Popular Days
May 15
4
May 16
2
May 28
1
May 29
1
Top Posters For This Question
john999 3 posts
broncovet 1 post
GBArmy 1 post
David4287 1 post
Popular Days
May 15 2022
4 posts
May 16 2022
2 posts
May 28 2022
1 post
May 29 2022
1 post
Popular Posts
GBArmy
Hi David4287, Welcome to Hadit. Unless the veteran dies from the service connected disability, he or she has to have 100% for 10 years. After 10, DIC is available for the surviving spouse if she meets
8 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now