Widows and widowers of Veterans

[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:

 

Quote

 

It would help the widow to read , in the DIC forum, my posts on the enhanced DIC benefit and how hard it is to obtain.

 

Or maybe just give her this link

https://www.va.gov/vetapp22/Files5/22030667.txt

 

It is a 2022 decision but explains how 'enhanced DIC' is possible, but only under a successful CUE claim or under the other two theories of entitlement.

Her decision for DIC ,to include accrued, if she was eligible for accrued, might contain a CUE but there are three factors in the denied decision above:

 

 

"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  However, such a theory is no longer valid.

  Entitlement to benefits under either 38 U.S.C. § 1318 or § 1311(a)(2) must now be based on (1) determinations made during a veteran's lifetime, (2) challenges to such determinations based on CUE, or (3) retroactive evaluation based on previously unconsidered service records that would permit reopening of the claim. 

 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    

[ShrekTheTank]

My wife is on CHAMPVA.  If I did pass, would she still be able to get this benefit?  

[broncovet]

The answer (like always with VA) is complicated.  It depends on your cause of death, when you die (if you were p and t over 10 years) and other stuff.  

https://www.va.gov/disability/dependency-indemnity-compensation/

Read this to thing if she would qualify.  

If you pass over 10 years after your effective date for P and T, she would be almost there.  But there are also rules about the marriage, too.  Read the above link to find out.  

[john999]

Is there any benefit to a service-connected death to survivors as opposed to the ten year rule.   I have been P&T for 20 years, but my SC conditions will most likely kill me one day.  I migh get lucky and have a VA van run over me on the way to the VA hospital and then I could truly say the VA killed me.