If a person was granted 100% TDIU retroactive back 10 years, would a surviving spouse have immediate entitlement to DIC, if the veteran dies of a non service connected disability.


Happy Trails

Paul

http://vlex.com/vid/19773864


DIC is a monthly benefit paid to eligible survivors of a military service member who died while on active duty,

OR

veteran whose death resulted from a service-related injury or disease,

OR

veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death,

OR

since the veteran’s release from active duty and for at least five years immediately preceding death,

OR

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

x
x
x


Quote: veteran whose death resulted from a non-service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least 10 years immediately before death . . .

QUESTION: Would this be retroactive, if a claim was retroactive back 10 years?

ANSWER: I'd have to do up VA Regulations to support my assersion, that yes, your effective date of claim (so called retreoactive) would be used to calculate that 10 years. Also, take a look at the paragraph above, see that "entitled to recieve" would also apply to your question.

Kick this post a couple times, and hopefull a member will step in with supporting law. ~Wings

i also wondered about this ... i was back dated in 2003 for 100 IU but not offically made PT till 2004 so i always figured that i needed to stay kicking till at least 2014 for the wife to get DIC ... i am sure if your PTSD they would say it was NON service connected if you passed ... most likley a person passes by stroke or heart or the big C... and they would most likley say .. not service connected to PTSD

Yes. Once rated 100% the effective date starts the count for 10 years. Does not mater TDIU or P&T just 100%.

Of course the other rules still apply as if a Veteran dies due to a Service Connected Injury than the spouse gets DIC.

Pete

Thanks for the info.




Robert51

According to Pete's post, your starting date for DIC is 2003 when you first rated at 100%. Therefore, your 10 year date is in 2013.

Happy Trails


Paul

I just found this on the VA web site.

It appears that the VA may have changed the DIC period to 8 years instead of 10 years.


DIC pay rates

another pay rate
as of 12/1/2008. Both have an eight year time period.


Any comments

OOPPPss my mistake, after reading it again, the time frame for basic rate DIC is 10 years with additional allowances for 8 years.



Paul

A lot of people run into the same question but I think the 10 year deal is a threshold that many Veterans are happy to make.

DV,

HUH?

Please send a weblink for what you wrote - I was unable to find a "spouse" link on the VA website so am unclear what you mean by:

"I have checked,the veterans web page,and come up with a 5 year,If the veteran had been collecting benifits 5 years before death,thers a 3 factors,a spouse must meet, go to benifits,on va web page,push spouce,once opened,the information Is listed, I may be reading this wrong,however It doesn,t hurt to look for yourself "

Thanks,
TS Snave

Guys -there is so much to DIC benefits-(like everything else with VA -it gets very involved- and is truly a case by case situation-)

that-as soon as I feel better -I sure will prepare a topic to try to consolidate the info I have and put it under the DIC forum-

Men and women- I just spent the night sleeping with about 100 veterans-boy I am tired!


(I was admitted to the VAMC with a severe bacterial infection- dont know where it came from and the antibiotics are making me feel worse that the infection did -all in all I was in very good health-better than I thought- and as soon as I feel "normal" again-I will prepare a DIC post that tries to cover all of the nuances of DIC-)

Then again I have not been "normal' since I got into the world of the VA claims process-
so I dont know what I mean there-

but I got GREAT care from the local VAMC and learned that they not only won the Super Housekeeping award again (they are the cleanest VAMC in the USA) but the SOARS Cleanliness award was the highest amount of points they ever got.They are quite proud of that!

The VA in Bath is just beautiful-
a former Civil War farm hospital-steeped in history and full of visible sacrifice-
the food was delicious too-and I felt close to my husband who not only worked there but also is buried there so it was nice to sleep close to him again.

Good news too- they nw ave a color guard arrangement via the VA facility-
I need to call the VA and get more info on that and share this with you all-

if I had not written my husband's obit myself (then again undertakers should list their awards etc too) Rod would not have gotten the military burial at all-
when the AL saw the obit in the paper that is what triggered the Color Guard etc-
VA never got involved with that before -but how would a family know what to do?

will let you all know- what info I get and I need to find and post more info on having a Death file-
I actually made sure mine was in order the other day in case I croaked at the VA-I even cancelled a big grocery order-
but the VA said I cannot expect to croak for some time-so I guess I better buy some more food and toilet paper-I didnt want to be stuck with a lot of food and stuff I dont need if I died.

Berta,

Thanks for the big smile this morning!! So, you don't want a bunch of tp laying around if you aren't going to use it? At least you are practical in the face of pending death!! Please get better and thanks for the positive report about the VA healthcare you recieved.

Take care of yourself,
TS Snave

Bless you, Berta.

I am speechless as to what I wish to say.

Always,

Betty

Berta it is really good to here you are doing better and your stay at the Bath VA sounds as though it meant a lot to you under the circumstances. I would like to share something with you, about a friend of my wife and I. This is'nt meant to alarm you. She is the head RN, of the cardiology dept. at a very good hospital in Miami. We were visiting them in Sanibel at their time share and she came down with a cold, she thought. A week later she was in the hospital with double pneumonia, they thought. A week or so later they figured it was not pneumonia and took another week probably with all the testing, to diagnose BOOP, "Bronchial obliterans with organizing pneumonia". Origionally they had her on antibiotics, IV and oxygen and was not working. When they figured out that it was BOOP, they started her on a 3-month steroid regime and oxygen. I could not believe how sick she got from this and the length of time to get over it. My wife and I are so glad she is well now and finally went back to work last week. Apparently it is some type of autoimmune disease. Get well totally and soon.




T&B

Berta

We miss you. Get well soon!

I know you have a wealth of info on DIC, I ll wait.


Cheers


Paul

We do need a guidebook on DIC so that poor spouses can understand this benefit.

Berta:

You are always missed and glad that you had a good experience at a VA Hospital.

Get better


Pete

x
x
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Berta, So glad to hear that VAMC Bath treated you well --and as you deserve. Hope you are feeling better soon. Focus on your recovery, respectfully and with love, ~Wings

Now Berta you know your daughter is going to need that TP when she comes home to make sure you are next to your husband when you do pass, so quit being so tight fisted with the money she is your daughter

okay now with the funnies out of the way, I am glad you are feeling better, there is too much knowledge in your head, you are a walking computer, we need you (who else could keep this bunch straight?)

Now keep the heat up high enough that you don't end up back in the hospital

Merry Christmas Berta...I hope your are feeling well and having a good day. I am looking forward to learning more about DIC and other important issues you have to contribute, and witness all the people you will help in the New Year

As I understand it under 38 USC 1318 a veteran must have been rated 100% for his dependents to receive DIC upon death from any cause. However, if a veteran dies in service or of service connected causes then DIC is granted at less than 10 years. As I understand it also, if a totally disabled veteran is married to the spouse for 8 years or more when totally disabled, higher DIC is paid to that surviving spouse. I realize I am not wording this well. The regulations and laws in 38 USC and 38 CFR and the V.A. explain this far better than me.

delta,
I don't know if you caught this or not -- but this thread is
almost a year old.
carlie

I caught the dates of this old thread also. I looked up the new numbers for a widow of a 100% vet. The story appears to be the same. When the old 100% veteran dies, his widow basically becomes very poor. In many cases, the surviving spouse will have to live on about one third of the monthly compensation. Those that truly cared for us old combat wounded soldiers, that bore the battle, must struggle on alone, with a pitiful stipend. Shame, shame , shame...

I too see the thread is almost a year old, but is the 8 years correct?

Hi Betty

I think this is the latest on DIC.



DIC



Happy Trails


Paul

Carlie, I did catch the fact that the thread was a year old but while scrolling back through links this one caught my eye. I think people need to understand DIC better. Perhaps this info will help someone else.