What is the DIC timeline?

[texasvet]

Hi All,

What is the timeline for DIC?

Some of the VA information that I’ve seen says 8 years and some says 10 years.

Anyone know?

Thanks,

Texasvet

[broncovet]

Good question.   

    Maybe I can clear it up.  

    The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

More here:

Quote

Evidence

You’ll need to provide evidence with your claim showing that one of these descriptions is true for the Veteran or service member. Evidence may include documents like military service records, doctor’s reports, and medical test results.

Provide evidence showing that one of these is true:

• The service member died while on active duty, active duty for training, or inactive-duty training, or
• The Veteran died from a service-connected illness or injury, or
• The Veteran didn’t die from a service-connected illness or injury, but was eligible to receive VA compensation for a service-connected disability rated as totally disabling for a certain period of time

If the Veteran’s eligibility was due to a rating of totally disabling, they must have had this rating:

• For at least 10 years before their death, or
• Since their release from active duty and for at least 5 years immediately before their death, or
• For at least 1 year before their death if they were a former prisoner of war who died after September 30, 1999

Note: “Totally disabling” means the Veteran’s injuries made it impossible for them to work.

Learn more about the evidence you’ll need to support your claim

Source:

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

NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 

[texasvet]

Thanks Bronco,

I also see that there’s an 8 year requirement here:

https://www.va.gov/disability/survivor-dic-rates/#surviving-spouse-rates-if-the-

Am I reading someting wrong?

 

 

 

 

 

 

[relatively happy camper]

If I recall correctly the 8yr requirement brings additional monies.  My ex remarried to another vet and helped him get his 100SC.  They separated after 9+ yrs (not her fault).  He died about 11 yrs later, in a VA contracted nursing type home, during the covid thing.  She was technically still married to him and was listed as his NOK.  The VA failed to notify her of his death.  His brother stated he was not married and received the VA ins policy money.  She found out he had died a little over 2yrs after his death.  Once she proved she was the widow the VA only went back one yr of DIC.  She appealed for the additional yr+ and is currently using Carpenter Assoc's.  She should win due to all the errors the VA made.  She currently receives DIC + the additional 8yrs monies, in additional VA bennies (ChampVA, VA mortgage, meds by mail and any other bennies a 100%SC vet would receive from the state).  She's never been able to find out his cause of death(COD), b/c the brother stated, for the death cert, that he wasn't married.  FL requires a court to change the death cert and she can't afford an atty to get it changed.  FL only allows NOK to get actual COD.

[broncovet]

This explains it:

If this description is true…You may qualify for this benefitAdded monthly amount (in U.S. $)

• The Veteran had a VA disability rating of totally disabling (including for individual unemployability) for at least the 8 full years leading up to their death, and
• You were married to the Veteran for those same 8 years
•  

8-year provision342.46

 

Your widow gets an extra 342. per month if you meet the 8 year provision, explained above.  

Source:

https://www.va.gov/disability/survivor-dic-rates/

[broncovet]

There are 2 timelines, one that starts with the date of your marriage, another which starts with the effective date of your disabilities.  (And, of course, the date of death).  Hope this helps

[texasvet]

Thanks Camper!!

I think that for the basic DIC, Bronco is right.  
 

I have 10 more months to meet the 10 yr requirement for DIC. 
 

I’m in ok health now, but who knows when the Lord will call any of us.

Thanks