No Dic For Me

[goofycow]

A few days ago I called my county svc rep because VA has still been paying me UI at the rate for having a dependant even though my husband died 8/31. I wanted to know why were they still paying me too much. Well, this morning she called me back & told me that Little Rock was going to turn down my claim for DIC because I can not draw UI & DIC at the same time. She couldn't answer why they were taking so long to adjust my pay. I know why!!!! That way they can deny my claim & twist the knife in my back by demanding all that extra they have paid me over 7 mo! Life is sweet for the VA :D

My husband was my buffer to the outside world. He drove me everywhere. Now I only drive to the nearest Wal mat & across the river to the liquor store. My husband's bike still sits parked out on my front porch because I am too afraid to put an ad in the paper. I live alone out in the country & fear who might come out in answer to my ad. The same goes for the Bronco that has been sitting in the garage. It hasn't been started in 10 months.

Yes indeed, life is a hoot! Thanks for letting me vent.

Liz

[Berta]

Before I waste my time looking for a reg that I dont think exists:

"A few days ago I called my county svc rep because VA has still been paying me UI at the rate for having a dependant even though my husband died 8/31. I wanted to know why were they still paying me too much. Well, this morning she called me back & told me that Little Rock was going to turn down my claim for DIC because I can not draw UI & DIC at the same time"

WHy not ask you county rep for a copy of or a citation to this reg she seems to think exists.

Our county Veterans Service Agency can do many things for vets and their families-

property tax exemption info, copies if DD 214s, etc-

as far as claims go- I have conferred with them many times and in my opinion-they dont have a clue on most VA claims stuff and certainly not on DIC.

I sure would like to see what she says if you ask her for the regulation that supports what she said.

[goofycow]

Berta:

Thank you for all your input. I would like to make one thing clear. My svc officer did not come up with this on her own. She told me the RO in Little Rock told her that. It would be nice if I could find something in writing but it seems like this is another case of VA trying to bend the regs to their own advantage.

Second of all, I do live in Arkansas. I think the "good ol boys" are still trying to come to grips with the concept of a female veteran let alone a veteran who is also a widow. I guess I will just have to sit tight until I get the actual paperwork.

Oh btw, somehow my claim got routed to Arizona at first. I found this out when I got a letter fm Phonex(sp!) I had to argue with the people in AZ & explain to them that my husband had never been a resident of that state. Maybe I should have left the claim there. I might have had a better chance of winning. :D

Thanks again.

Liz

[Pete53]

Don't give up!!!

[tssnave]

Liz,

I agree with Berta. Ask your svc rep to ask the RO rep what reg he was quoting. Since the svc rep expects you to act (or in this case, NOT act) on this unoffical advice from the RO she should be willing to get the citation for you from whoever she talked to at the RO. If she can't come up with the regulation line and verse (ask for a hard copy) then tell her since she and/or the RO aren't offering you regulation documented advice then you want to submit a the DIC claim. If she balks, get another svc rep.

I will say this on an urelated topic, I just read in the Chapter 35 pamphlet online that the education benefits from any gov't program are limited to 48 months total so if your spouse used their personal entitlement for their own GI Bill for 30 months they would only have 18 months eligibility as a spouse under the Chapter 35 Dependent's Education Benefit. While I know this doesn't address your query, since I just read it and it has to do with a spouse who had other veteran's benefits under their own right as well as entitlement as a spouse I thought I'd throw it out there FYI.

Please accept my condolences on the loss of your husband.

ts snave

[theotherguy]

A few days ago I called my county svc rep because VA has still been paying me UI at the rate for having a dependant even though my husband died 8/31. I wanted to know why were they still paying me too much. Well, this morning she called me back & told me that Little Rock was going to turn down my claim for DIC because I can not draw UI & DIC at the same time. She couldn't answer why they were taking so long to adjust my pay. I know why!!!! That way they can deny my claim & twist the knife in my back by demanding all that extra they have paid me over 7 mo! Life is sweet for the VA

My husband was my buffer to the outside world. He drove me everywhere. Now I only drive to the nearest Wal mat & across the river to the liquor store. My husband's bike still sits parked out on my front porch because I am too afraid to put an ad in the paper. I live alone out in the country & fear who might come out in answer to my ad. The same goes for the Bronco that has been sitting in the garage. It hasn't been started in 10 months.

Yes indeed, life is a hoot! Thanks for letting me vent.

Liz

Liz,

If I'm reading 38 CFR 3.700(B)(1) correctly, I think you can still draw your compensation at any rate and still receive DIC benefits for your husband unless you are already drawing them from a previous marriage. Paragraph (a)(4) deals with improved pension so that wouldn't apply here. Have a look and talk it over with your representative.

(B) Dependents:

(1) Surviving spouse. Subject to the provisions of paragraph (a)(4) of this section, the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse because of the death of any veteran, or receipt of pension or compensation because of his or her own service, shall not bar the payment to the surviving spouse of pension, compensation, or dependency and indemnity compensation because of the death or disability of any other veteran; however, other than insurance, concurrent benefits under laws administered by the Department of Veterans Affairs may not be authorized to a surviving spouse by reason of the death of more than one veteran to whom the surviving spouse has been married. The surviving spouse may elect to receive benefits based on the death of one such spouse and the election places the right to benefits based on the deaths of other spouses in suspense. The suspension may be lifted at any time by another election based on the death of another spouse. Benefits payable in the elected case will be subject to prior payments for the same period based on the death of the other spouse where, under the provisions of §3.400© there is entitlement in the elected case prior to date of receipt of the election. (Authority: 38 U.S.C. 5304)

Hope this helps :)

[goofycow]

Theotherguy:

This may be exactly what I have been looking for. I will have to get a copy of this for my svc rep & the RO.

Honestly though, after reading Berta's saga & others on this forum, it seems that DIC even even harder to get than other VA benefits.

Thanks otherguy.

Liz