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#1 jeff10

 
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Posted 11 February 2012 - 10:00 AM

Berta, I'm 100% P/T. On the new (12-1-11)DIC rate sheet it shows my spouse can get this compensation if I've been 100-p/t for at least 8 yrs.even though I didn't die from the S/C. Is that a change from the 10 yr. deal? Also, would she get my whole 100% or the lesser rate they show in the table of $1,195 + $254 ? If she had to fill out the DIC forms,who would she go to in order to do that?
Jeff

#2 Berta

 
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Posted 11 February 2012 - 11:24 AM

As I understand the “eight” year rule,this regards what VA calls an enhancement of established DIC.



It would come into play this way. I will use my case as example.

I get DIC due to direct SC causing death.My right to DIC has been established.

My husband did not have 100% SC in affect for ten years prior to death, nor for the eight year period prior to death,nor could I prove he should have been rated at 100% SC for 8 years prior to death.I therefore am not eligible for this facet of enhanced DIC.

This BVA case goes into this issue in detail:
http://www.va.gov/ve...es4/0827632.txt

Sometimes enhancement to DIC can be awarded due to a CUE in a prior VA decision.
http://www.va.gov/ve...es4/0827058.txt

This above link was a Section 1151 DIC claim. The BVA refers ,in the decision, to the aspects of CUE in this type of situation. The widow had a lawyer representing her but apparently any CUE issue was “abandoned” (perhaps no past decision warranted a CUE claim) and the widow's claim was denied.

This decision again reveals the complete DIC regs (which can become complex)and the 8 year enhanced DIC regulations.

At death a veteran's compensation is over.The survivor can apply for the last compensation check due the veteran.


Survivors must formally apply for DIC on form 21-534 :
http://www.vba.va.go...-21-534-ARE.pdf

“If she had to fill out the DIC forms,who would she go to in order to do that? “

As the form states, it should be read over very carefully.It is 12 pages.

She should state the cause of death, (they will need death certificate)and state whether there are pending claims. (accrued benefits for any pending claims that the survivor successfully pursues to award and require the receipt of the 21-534 within one year after the veteran's death.

The survivor can substitute themselves as the claimant for accrued benefits.

They need to use this form and this form also must be in VA's receipt within one year after death.
http://www.vba.va.go...21-0847-ARE.pdf

Although all service officers and vet reps are trained in DIC claims and she could utilize their services,but in my opinion, she should join hadit as well when the time comes but I HOPE you have MANY years ahead of you and yet I sure admire the fact that you are thinking ahead for your spouse.

#3 jeff10

 
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Posted 11 February 2012 - 12:40 PM

Berta, thank you. So,if I understand, if I die for reasons other than my S/C diability:1) I wouldn't fall under the 8 year rule it would have to be 10 years. 2) upon my death,my wife would go to my VSO and ask that he file the DIC claim,and 3) She would receive the compensation I'm getting now if granted.
Jeff10

#4 Berta

 
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Posted 11 February 2012 - 01:02 PM

“I wouldn't fall under the 8 year rule it would have to be 10 years. “

If you died, prior to attaining ten years of continuous 100% P & T SC and she applied for DIC and is awarded DIC for a service connected death ( a SC condition either caused or contributed substantially to the death) then the 8 year rule could kick in as enhanced DIC.

This is an extra amount of DIC ,when DIC has already been established.

“upon my death,my wife would go to my VSO and ask that he file the DIC claim,”

Yes, she could do that.

“ 3) She would receive the compensation I'm getting now if granted.”

No. She would have to wait for VA to adjudicate the DIC claim.And if the claim succeeds she would receive DIC and retro DIC back to the date of your death (if the 21-534 is filed within one year after death)

Compensation solely belongs to the veteran it is awarded to.

It ceases forever upon death.

I have dealt with widows who thought the deceased veteran's compensation check would still come every month after the vet died. It doesn't work that way.

#5 john999

 
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Posted 11 February 2012 - 06:22 PM

The amount of DIC a spouse gets really angers me. It is way too low. It should be at least 2/3 of the amount the vet gets. It is not even half. The spouse better save her pennies or be readly to go back to work. My federal pension pays half of my annuity amount. God knows it isn't much (taxable as well).

John

#6 jvretiredvet

 
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Posted 11 February 2012 - 10:54 PM

So, how would you handle this .....

A veteran has only one service connected disability, HTN at 0%.

The veteran dies of an MI, coincidentally with HTN listed as a contributing cause.

The widow applies for DiC, which is appropriately granted.

So, what should be her benefit? 50 % of the veteran's 0%, or 66.666% of the veteran's 0%?

BTW, this is not a hypothetical situation.


The amount of DIC a spouse gets really angers me. It is way too low. It should be at least 2/3 of the amount the vet gets. It is not even half. The spouse better save her pennies or be readly to go back to work. My federal pension pays half of my annuity amount. God knows it isn't much (taxable as well).

John



#7 Berta

 
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Posted 12 February 2012 - 07:22 AM

http://www.vba.va.go...ates/comp03.htm

These are the DIC rates.



"Dependents Indemnity Compensation - Effective 12/1/11

Veteran's Death Was
On or After January 1, 1993
Basic Monthly Rate
Additional Allowances
Historic Rates
Veteran's Death Was
Before January 1, 1993
Surviving Spouse, Enlisted Pay Grade
Surviving Spouse, Warrant Officer Pay Grade
Surviving Spouse, Officer Pay Grade
Children, Surviving Spouse Entitled
Children, No Surviving Spouse
Historic Rates
To find out how to use these rate tables CLICK HERE

Veteran's Death Was On or After January 1, 1993
Effective 12/1/11
Basic Monthly Rate = $1195 (38 U.S.C. 1311(a)(1))
Additional Allowances:
a. Add $254 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))
b. Add the following allowance for each dependent child under age 18: *
Effective 12/1/11 $296 per child (38 U.S.C. 1311(b))
c. If the surviving spouse is entitled to A&A, add $296. (38 U.S.C. 1311©)
d. If the surviving spouse is entitled to Housebound, add $139 (38 U.S.C. 1311(d))
*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(b) will be the additional allowance received for each child."

The link on the right hand side brings up warrant officer and officer pay grade amounts for survivors of retirees.
For those survivors eligible for SBP, there is an offset to their DIC:

http://www.retirees....et.asp?id=11696

#8 Berta

 
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Posted 12 February 2012 - 07:24 AM

http://www.vba.va.go...ates/comp03.htm

These are the DIC rates.



"Dependents Indemnity Compensation - Effective 12/1/11

Veteran's Death Was
On or After January 1, 1993
Basic Monthly Rate
Additional Allowances
Historic Rates
Veteran's Death Was
Before January 1, 1993
Surviving Spouse, Enlisted Pay Grade
Surviving Spouse, Warrant Officer Pay Grade
Surviving Spouse, Officer Pay Grade
Children, Surviving Spouse Entitled
Children, No Surviving Spouse
Historic Rates
To find out how to use these rate tables CLICK HERE

Veteran's Death Was On or After January 1, 1993
Effective 12/1/11
Basic Monthly Rate = $1195 (38 U.S.C. 1311(a)(1))
Additional Allowances:
a. Add $254 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))
b. Add the following allowance for each dependent child under age 18: *
Effective 12/1/11 $296 per child (38 U.S.C. 1311(b))
c. If the surviving spouse is entitled to A&A, add $296. (38 U.S.C. 1311©)
d. If the surviving spouse is entitled to Housebound, add $139 (38 U.S.C. 1311(d))
*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(b) will be the additional allowance received for each child."

The link on the right hand side of the VA web site link brings up warrant officer and officer pay grade amounts for survivors of retirees.
For those survivors eligible for SBP, there is an offset to their DIC:

http://www.retirees....et.asp?id=11696

#9 Philip Rogers

 
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Posted 12 February 2012 - 07:31 AM

I haven't read the 8yr rule nor the 10 rule lately but I believe they are different. I believe the 8yr rule pertains to additional funds payable if they were married for the 8 yrs directly prior to his death. The 10 yr rule has to do w/dying due to other conditions not SC.

pr

#10 Philip Rogers

 
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Posted 12 February 2012 - 07:52 AM

John - I'm sorry but I have to disagree w/you. I see no reason the Gov't should support the widow. She does get some good VA benefits but I see no reason why a deceased husband should support his spouse, after his death. He has the option of purchasing life insurance, if he feels he should. I just wish I had a wife just so I could pass the current DIC, Chap 35 benefits, and ChampVA benefit onto someone, just because of all the benefits they screwed us out of, over the yrs.

While I'm proud of my service and love my country, I would never repeat it knowing how they have so little regard for us vets, now. I feel current military should have a starting pay of $60k+ annually and full benefits. Over the yrs they have been gradually reducing our benefits and getting away w/it. Meanwhile, VA managers are paid $60k and more and continue to deny deserving claimants, at no risk to them. Our Gov't promises the world when something happens but back tracks, later, when the incident has passed. Sorry but I needed to vent, a little. We better start learning Chinese, as they will be taking over, eventually. jmo

pr



The amount of DIC a spouse gets really angers me. It is way too low. It should be at least 2/3 of the amount the vet gets. It is not even half. The spouse better save her pennies or be readly to go back to work. My federal pension pays half of my annuity amount. God knows it isn't much (taxable as well).

John



#11 mysticcherokee usn vet

 
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Posted 12 February 2012 - 10:17 AM

NOW I NEED TO VENT. It seems to me Philip that you have some unpopular opinions,and I understand you been called on em before. Well, Im callin ya on em again, JMO! Mystic

PS- The next time you post yer opinion, think about it, and then think about it again, before hitting the button, again JMO!



MC.

Edited by mysticcherokee usn vet, 12 February 2012 - 10:18 AM.


#12 Philip Rogers

 
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Posted 12 February 2012 - 10:30 AM

MC - just curious, which do you disagree with? Or is it just my opinions, in general?? Thanks.

pr


NOW I NEED TO VENT. It seems to me Philip that you have some unpopular opinions,and I understand you been called on em before. Well, Im callin ya on em again, JMO! Mystic

PS- The next time you post yer opinion, think about it, and then think about it again, before hitting the button, again JMO!



MC.


Edited by Philip Rogers, 12 February 2012 - 10:31 AM.


#13 jvretiredvet

 
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Posted 12 February 2012 - 12:09 PM

Hear hear! I concur with (most) of your post.

I can hardly be called conservative, and I definitely do not have a big red "R" behind my name, but what about one's own personal responsibility?

I mean, death will come to us all ... whether we are veterans and our death is connected to our service, or whether we are veterans and our death is not connected to our service. Heck, death even has been known to occur to non-veterans as well !!

So if this is something that is bound to happen, a prudent person would take that into consideration ... wouldn't they?

I guess, overall, I'm an amalgamation of red and blue.

As for another comment (not your's, Mr. Rogers) which discussed "unpopular opinions", I guess any opinion that doesn't advocate shoveling money into someone's pocket would be unpopular.

John - I'm sorry but I have to disagree w/you. I see no reason the Gov't should support the widow. She does get some good VA benefits but I see no reason why a deceased husband should support his spouse, after his death. He has the option of purchasing life insurance, if he feels he should. I just wish I had a wife just so I could pass the current DIC, Chap 35 benefits, and ChampVA benefit onto someone, just because of all the benefits they screwed us out of, over the yrs.

While I'm proud of my service and love my country, I would never repeat it knowing how they have so little regard for us vets, now. I feel current military should have a starting pay of $60k+ annually and full benefits. Over the yrs they have been gradually reducing our benefits and getting away w/it. Meanwhile, VA managers are paid $60k and more and continue to deny deserving claimants, at no risk to them. Our Gov't promises the world when something happens but back tracks, later, when the incident has passed. Sorry but I needed to vent, a little. We better start learning Chinese, as they will be taking over, eventually. jmo

pr



#14 john999

 
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Posted 12 February 2012 - 01:31 PM

My wife quit her job to stay home and help me get to appointments etc. I do have insurance but unless I die very soon I won't be able to pay for it. The older you get the more expensive the insurance gets. I don't see why the government can't be generous with the widows of 100% vets. I bet if we took a poll of widows they would agree. We all have different ideas so I take no offense at someone who disagrees with me. When I was an American Legion member I do remember the elderly wife of a WWII vet who has just died being given an American Flag. That seemed very little from a nation that owed his generation everything. I also remember the VA stalling about paying A&A for my mother who was in a nursing home. My father was a WWII disabled vet. The VA said his records had burned. There are about half a million guys who work on Wall Street who do nothing useful and bring home millions of bucks. The system showers them with goodies. The tired old vet gets kicked into the gutter.

#15 mysticcherokee usn vet

 
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Posted 12 February 2012 - 01:47 PM

Philip, just most of the wet blanket ones. Also, Arvt, whatever. Told yall, hmph! Mystic

#16 Gulfvet45

 
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Posted 13 February 2012 - 12:32 PM

I have to agree with you here. The wife also is going to get something from SS too.

If the vet is past the 10 year mark mak sure to state on the form he was SC 100% for over ten years. is makes the claim goes faster. I get them done in 30 days if the wife needs the money.

It is best if you can to keep yours and your wife billes appart along with the checking. do not share a credit card if your state is one where your bill dies with you. That way your wife will not have to pay it off. Make sure to have death insureance on the homeloan. We tell all the vets that and the guy that had my job in 2001-2004 did not and died at 43. Good thing his CC was only in his name. Wife did not know of most of them. Her state is one where the bills end with him if her name was not on them.



John - I'm sorry but I have to disagree w/you. I see no reason the Gov't should support the widow. She does get some good VA benefits but I see no reason why a deceased husband should support his spouse, after his death. He has the option of purchasing life insurance, if he feels he should. I just wish I had a wife just so I could pass the current DIC, Chap 35 benefits, and ChampVA benefit onto someone, just because of all the benefits they screwed us out of, over the yrs.

While I'm proud of my service and love my country, I would never repeat it knowing how they have so little regard for us vets, now. I feel current military should have a starting pay of $60k+ annually and full benefits. Over the yrs they have been gradually reducing our benefits and getting away w/it. Meanwhile, VA managers are paid $60k and more and continue to deny deserving claimants, at no risk to them. Our Gov't promises the world when something happens but back tracks, later, when the incident has passed. Sorry but I needed to vent, a little. We better start learning Chinese, as they will be taking over, eventually. jmo

pr