DIC // Declined SBP at Retirement (Medical)

[Less than a Dozen]

My wife and I declined SBP when I was medically retired.

I am 100% P&T.

I declined SBP because of the Widow’s Tax when I retired and now that is no longer an issue. 

I can’t get a straight answer as to whether my wife will receive DIC if I die before her.

The issue is that I am drawing retired pay in addition to my VA Disability Pension as opposed to a Veteran who is just drawing the VA Disability Pension. 

When I was medically retired I was told I was better off declining SBP.

I have been told that she will get DIC and that she will not (because we declined SBP) by different people who should know, but can’t provide me documentation.

If any of you know the correct answer with documentation I’d greatly appreciate it. 

[Rattler]

I have a very good answer for you.  I have a good relationship with one of the state VSO. The only one in three years that I will let go near my claim. The VA recently changed my effective date from 2021 to 2017.  Putting me at the 5+ year mark at 100% P & T.  So when I saw him about two weeks ago he pointed out that when you reach the 10 year mark at 100% P & T your wife will get her DIC with lees fuss than if you were under 10 year mark. I will email him and ask if he can direct me to the reg. Or maybe someone who knows the reg. can post it. 

[broncovet]

I agree with Rattler.  

Here is the link, explaining, if you die of "any cause" 10 years or more after your effective date of rating, your spouse should get DIC.  

It gets lots more complicated, when its under 10 years, because you have to prove your service connected injury caused your death.  

https://benefits.va.gov/BENEFITS/factsheets/survivors/dic.pdf

[Less than a Dozen]

Thanks for answering my question.

That’s what I thought, but I wanted to make sure that declining the SBP wouldn’t affect my wife receiving DIC.