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Dic Pow Survivor Regs


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#1 Berta

 
Berta

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Posted 14 August 2012 - 11:16 AM

I know this is here at hadit somewhere but it might pay to post it again.

POWs and their survivors come under a different criteria then other veterans in some respects:

As to DIC:

“The major benefit is Dependency and Indemnity Compensation (DIC) which is a monthly benefit payable to the surviving spouse (and the former POW’s children and parents in some cases) when the former POW:

  • was a service member who died on active duty; or

  • died from service-related disabilities; or

  • died on or before September 30, 1999 and was continuously rated totally disabled for a service connected condition (including individual unemployability) for at least 10 years immediately preceding death; or

  • died after September 30, 1999, and was continuously rated totally disabled for a service-connected condition (including individual unemployability) for at least 1 year immediately preceding death.

www.vba.va.gov/VBA/benefits/factsheets/misc/formerpow.doc

from the main VA web site

Also this BVA decisions holds significant information impacting on POW survivor claims:

http://www.va.gov/ve...es1/1000223.txt

“n cases where the veteran is a former prisoner of war (POW),
several diseases, including atherosclerotic heart disease or
hypertensive vascular disease (including hypertensive heart
disease) and their complications (including myocardial
infarction, congestive heart failure, arrhythmia), and stroke
and its complications, shall be service connected if manifest
to a degree of disability of 10 percent or more at any time
after discharge or release from military service even though
there is no record of such disease during service, provided
the rebuttable presumption provisions of 38 C.F.R. § 3.307
are also satisfied. 38 C.F.R. § 3.309©. “

This claim failed under the favorale POW regs tpo veterans and surviviors because the widow could not establish that her husband,in fact, was a POW:

In a June 2007 VA Administrative Decision, VA found that the
Veteran may not be recognized as a former POW. The Veteran's
period of creditable valid service, based on the service
department's certification in May 1991, was from November
1941 to April 1942 and from February 1945 to March 1946. The
certification did not indicate any POW status. VA relied
upon the following evidence. In a January 1946 processing
affidavit, the Veteran stated that he surrendered on April 9,
1942 and escaped April 10, 1942 and thereafter lived with his
parents; in an undated processing affidavit he stated he
escaped on April 9, 1942. The Veteran's October 1990 claim
for VA benefits did not mention an incarceration as a POW.
Additionally, the Veteran's name was not listed in the POW
microfiche. The appellant failed to submit evidence to
substantiate her claim that the Veteran was a POW. “

Unfortunately many claims at the BVA in which the survivor claimed the veteran had been a POW,.could not be granted, as to DIC, solely under the POW basis.

I think many vets who were POWs never gave enough info to their families during their lifetimes, for their survivors ,who might need to prove the POW status, if the veteran's military records were not clear on that.

.