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Q463: My husband is 60% 100% IU almost 20 years. If he should pass away from any issue will I be able to receive DIC? We’ve been married 22 years. If he were to file for other disabilities which are SC but not drawing disability on and decides to file is there a chance he’d lose his 100% after 20 years?
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A1: To receive DIC your husband has to die of a rated condition. That is true if he were 100%. After 20 years he would not lose before 20 years it is possible is my understanding. If he has a condition that is serious I would go ahead and file just to get it on the list. It would be best to talk with a service officer I am not one. (TB) 7/14/20
A2: Having held a 60% overall rating & 100% UI for 20+ years, I would seriously doubt that filing a claim for additional service-connected disabilities will jeopardize that. You both should talk to your Accredited Veterans Service Officer about DIC and those new claims. (DJ) 7/14/20
A3: DIC is available were a service connected disability either caused death or contributed to the death. The veteran need not have been service connected for the cause of death in order for DIC to be available. The qualified survivor can raise the issue of service connection for the first time in connection with a DIC claim.
DIC will also be awarded if either of these criteria apply:
The veteran was receiving or entitled to receive compensation for a disability at the 100% level for at least ten years prior to death. This also includes a 100% rating under TDIU.
Also, DIC will be awarded if the veteran was receiving or entitled to receive compensation for a disability at the 100% level for five continuous years since discharge from active duty.
Finally, DIC will be awarded if the veteran was receiving or entitled to receive compensation for a disability at the 100% level for one year and the veteran was a POW.
Surviving spouses, child(ren), and dependent parent(s) of veterans may be eligible for DIC as well. (RJ) 7/14/20
A4: If he has disabilities which might be service connected he should file for them NOW. With the way things are going with Congress, he should do everything possible to get rid of the IU label and get rated at 100% P&T. Don't worry about what negative thinkers are saying; they don't have a clue. In the past couple of years I have helped hundreds of IU veterans become P&T; it's quite simple to do through eBenefits and MyHealteVet. (TB) 7/14/20
A5: If your husband is 100%, leave it alone. You said he has been 100% for 20 years, you will get DIC at his passing. It takes only 10 to qualify for DIC. (MH) 7/14/20
A6: Your opening comment about 60% 100% is a little confusing. However, based upon your last question asking if he would lose his 100% rating after almost 20 years, I will assume he has a 100% IU disability rating and has had if for over 10 years. In this case, there is no need to file any further claims for any service connected diseases/conditions. He is presently eligible for 100%, no cost, medical treatment in the VA healthcare system as well as all prescription medications he may require. Also, at the 100% disability rating, with a spouse, he should be receiving the current maximum monthly financial benefit available of $3,279.22. If you have dependent children at home that amount would increase based upon ages. He may also be eligible for Special Monthly Compensation (SMC) for a variety of conditions. SMC is paid in addition to his monthly 100% disability benefit. Examples of those things that might warrant SMC are amputations of limbs, loss of use of limbs or extremities, loss of an eye, loss of sight, being permanently bedridden, and needing daily help with basic needs (such as eating, dressing and /or bathing). If he is diabetic as a service related condition and suffers ED, he is eligible for SMC for that, as well. These types of special claims he should go ahead and file for as, if approved, they will increase the total monthly compensation he will receive.
To your other question, again assuming he has had the 100% IU rating for at least 10 years, you will be entitled to receive DIC in the amount of $1,340.14/month plus an additional $284.57/month based upon him being rated at 100% for at least 8 years and you being married to him for those same 8 years. You can verify this info and stay updated on benefit amounts as they might change from year to year by going to: www.va.gov/disability. I hope this helps. (DL) 7/14/20
A7: The answer to your first question. You should be able to draw DIC especially if it was permanent & total. Second question, yes it is possible he would lose his 100% because if he files they would go back and look at everything he is drawing for. (KK) 7/14/20
A8: Yes if he recived 100% for 10yrs you would be eligible. (PM) 9/25/20