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Widows and widowers of Veterans
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Question
broncovet
Attention widows/widowers of deceased Veterans:
VA has something called "DIC". Its a sum of money you get monthly (around $1400 per month) as compensation for your husbands death. There are rules, as always.
The short and simplified version is you should be able to get DIC "if" either of these occurred:
1. Your husband died of a service connected condition OR
2. Your husband died of any condition if he was P and T for 10 years or more before death.
You should do a search on "DIC" in this forum for more details and links to applications. If you are unable to locate it, ask a question here, and someone may be able to help you.
Here is one on "enhanced" DIC from a former hadit member:
"The Board notes that a theory of "hypothetical entitlement" was previously permitted under 38 U.S.C. §§ 1311 (a)(2) and 1318. See, e.g., Hix v. Gober, 225 F.3d 1377 (Fed. Cir. 2000) (applying § 1311(a)(2)). However, such a theory is no longer valid.
De novo, posthumous determinations as to whether a veteran hypothetically could have been entitled to certain benefits if he or she had applied for them during his or her lifetime are not permitted. See 38 U.S.C. §§ 1311, 1318; 38 C.F.R. §§ 3.10, 3.22, 20.1106; Nat'l Org. of Veterans' Advocates, Inc. v. Sec'y of Veterans Affairs, 476 F.3d 872, 876-77 (Fed. Cir. 2007) (finding that VA's interpretation of §§ 1311(a)(2) and 1318 was reasonable)."
A widow who's husband passed while his application was in process or appeals, can get "accrued benefits". The first step is to file a substitution of claimant. The widow may be able to get benefits due to her husband.
https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf
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