DIC and COMBINED Rating of 100% P&T Without a SINGLE 100% rating

[Inthewind]

I know this has probably been asked before, but trying to find things (Regardless of where on the internet) makes my head hurt, so please bear with me. I'm just trying to make sure our finances are in order and make sure my wife is taken care of when I'm gone. This DIC Eligibility is confusing, as I believe it's intended to be.

So;

I retired from AD in 2004, with an initial 50% rating. My ex gets my SBP.

I filed for increases periodically between 2007 and 2009, and was finally found 100% P&T in 2010. Its a combined rating, and none of my SC's are rated above 70%

My wife and I married in 2008, so I believe we meet the 10 year "Doesn't have to die from a SC cause". If I'm wrong someone please correct me.

Here's my question: Does DIC require that I have to have a SINGLE service connection rated at 100% P&T? Or does my COMBINED rating of 100% P&T qualify her to be eligible for DIC?

TIA for any answers/help.

[Doug H.]

Dependency and Indemnity Compensation (DIC) is if you were to pass from a service connected condition OR you are a combined 100% or TDIU for 10 years or more. And you are married for at least one year. Make sure your spouse knows to file after you pass. 

[broncovet]

I agree with Doug.  However, read the fine print, so you don't get a "gotcha" from VA.

https://www.law.cornell.edu/cfr/text/38/3.22

[john999]

If you are totally disabled and married to the same woman for at least ten years your spouse would be entitled to DIC even if you don't die from a SC condition.  I am in the same boat as Inthewind.  I have been TDIU and then 100% schedular for 20 years.  I expect my widow to get DIC from either SC condition the ten years rule.

[Inthewind]

8 hours ago, Doug H. said:

Dependency and Indemnity Compensation (DIC) is if you were to pass from a service connected condition OR you are a combined 100% or TDIU for 10 years or more. And you are married for at least one year. Make sure your spouse knows to file after you pass. 

Thanks for the answers!

But the question still, is if I have to have a “SINGLE” service connected disability rating of 100%? Or does a combined rating where NONE of my ratings are above 70% but I’m 100% P&T and have been since 2010 qualify?

sorry if it seems like I’m beating a dead horse here.

[Dustoff1970]

Maybe time to consult a paid professional VSO (DAV, VFW, Legion, Amvets, etc.) located at a VA Regional Office or major VA medical facility.  They charge you nothing for their services and you do not have to be a member of any vet organization. 

Careful internet research of the 38 CFR veteran's regulations and/or VA Manual M-21-1 may reveal the answer. Good luck.

My comment not legal advice as I not a lawyer, paralegal or VSO.

[jamescripps2]

Combined rating of 100% is ok. You will first need to have had a 100% rating with the effective date being at least ten years prior to your death and will need to have been married to your surviving spouse for at least the same ten year period. 

If, and only if, you are shown to meet the qualifications for the ten year rule, the VA will next look to see if you meet the requirements under the eight year rule. If your spouse also meets the additional requirements for the eight year rule her DIC will increase about $300.00 per month.

§ 3.10 Dependency and indemnity compensation rate for a surviving spouse.

(a) General determination of rate. When VA grants a surviving spouse entitlement to DIC, VA will determine the rate of the benefit it will award. The rate of the benefit will be the total of the basic monthly rate specified in paragraph (b) or (d) of this section and any applicable increases specified in paragraph (c) or (e) of this section.

(b) Basic monthly rate. Except as provided in paragraph (d) of this section, the basic monthly rate of DIC for a surviving spouse will be the amount set forth in 38 U.S.C. 1311(a)(1).

(c) Section 1311(a)(2) increase. The basic monthly rate under paragraph (b) of this section shall be increased by the amount specified in 38 U.S.C. 1311(a)(2) if the veteran, at the time of death, was receiving, or was entitled to receive, compensation for service-connected disability that was rated by VA as totally disabling for a continuous period of at least eight years immediately preceding death. Determinations of entitlement to this increase shall be made in accordance with paragraph (f) of this section.