Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Widows And Sbp Dic

Rate this question


Berta

Question

This situation does not come up here much but it sure does on other sites---

Widows of retirees who paid into the SBP fund find that -if their spouse dies in combat-the SBP from DOD is offset to their DIC.

The Corning Leader- our only local newspaper- had a long letter from an SBP widow in the Editorials as she just found out after award for DIC that it would be offset to her SBP.

Her husband believed he would die in Iraq and took steps such as the SBP program to believe he was providing for his family.He did die in Iraq and I dont know who helped her with the DIC claim but they never mentioned the SBP offset.

She is asking all to ask their COngressmen and Senators to support S 935 and HR 1927 to stop this inequity.

Also please see Gold Star Wives, Inc: for full explanation

http://www.goldstarwives.org/congress-va-2004.htm

This is a new site that is trying to resolve some of the many inequities that widows face:

http://www.vetsurvivors.com/

They dont seem to have a forum but I will contact them and see what they do-

Widows often find themselves in situations where they cant find anyone with the right answers-

When we walk into a vet rep org- and are not a veteran-we present problems for any rep who doesnt have a clue on widow's benefits.

I have challenged a major deficiency in the widow's regs.

Section 1151 widows are often forgotten when they make new regs for widows.

A new reg has been proposed for 38 CFR and I asked the VA to correct this to include Sec 1151 widows.

Widows and certainly widowers -whose wives have died due to service-

are in an exclusive club that no one wants to join.

Often people feel that we dont even have a right to get DIC or accrued benefits-yet we didn't write the regs that say we can.

And it is grossly unfair to find out that the SBP that a soldier like this woman's husband-17 years in service-paid into- did not provide for her what he thought it would as it is offset dollar for dollar to her DIC.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

Yes. I have read about the SBP / DIC offset. It kind of matches the Retiree offset. If you retire from a civilian job you don't have to waive an equal amount of retirement to get your VA payment. But if you retire from the military you do.

I can see an offset on Pension - as it is needs based. But not the other.

But the real unfair thing about the SBP offset is that these guys PAY for it. It is NOT a free benefit. I tink it is 6.5% of their retirement pay. So if you want your spouse to get HALF of your $2000 a month retirement pay -- you PAY $130 a month out of YOUR benefits to "buy into" SBP. Then if she gets DIC -- they take away the entie amount of SBP because it is greater than the $1000 a month the survivor is getting. The guy could have bought a DIFFERENT kind of insurance for that amount of investment --one the widow could keep.

I am not sure how the offset works for children. If the vet selects the spouse / child option --and the spouse isn't eligible due to DIC -- can the SBP go to his / her children? Or is the SBP considered "Paid" and Taken Back -- therefore not avalibale to the next survivor.

Free

This situation does not come up here much but it sure does on other sites---

Widows of retirees who paid into the SBP fund find that -if their spouse dies in combat-the SBP from DOD is offset to their DIC.

The Corning Leader- our only local newspaper- had a long letter from an SBP widow in the Editorials as she just found out after award for DIC that it would be offset to her SBP.

Her husband believed he would die in Iraq and took steps such as the SBP program to believe he was providing for his family.He did die in Iraq and I dont know who helped her with the DIC claim but they never mentioned the SBP offset.

She is asking all to ask their COngressmen and Senators to support S 935 and HR 1927 to stop this inequity.

Also please see Gold Star Wives, Inc: for full explanation

http://www.goldstarwives.org/congress-va-2004.htm

This is a new site that is trying to resolve some of the many inequities that widows face:

http://www.vetsurvivors.com/

They dont seem to have a forum but I will contact them and see what they do-

Widows often find themselves in situations where they cant find anyone with the right answers-

When we walk into a vet rep org- and are not a veteran-we present problems for any rep who doesnt have a clue on widow's benefits.

I have challenged a major deficiency in the widow's regs.

Section 1151 widows are often forgotten when they make new regs for widows.

A new reg has been proposed for 38 CFR and I asked the VA to correct this to include Sec 1151 widows.

Widows and certainly widowers -whose wives have died due to service-

are in an exclusive club that no one wants to join.

Often people feel that we dont even have a right to get DIC or accrued benefits-yet we didn't write the regs that say we can.

And it is grossly unfair to find out that the SBP that a soldier like this woman's husband-17 years in service-paid into- did not provide for her what he thought it would as it is offset dollar for dollar to her DIC.

Think Outside the Box!
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • 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:

      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. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use