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Q476: My husband was 70% disabled and receiving benefits and has since passed away. I was wondering why I don't receive his VA benefits? He was told by the VA I would continue to receive half of his disability benefits after he passed.
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A1: You have to reapply for it & keep bugging them. (HB) 7/24/20
A2: Sorry about your husband. There was a misunderstanding as the VA never pays the widow 1/2 of the veteran's disability. There are two programs for a widow/er, Dependency Indemnity Compensation (DIC) or the Death Pension. If the veteran dies of something he was service connect for, or should have been, then the widow/er can be entitled to DIC. That is a fixed amount of tax free money each month, currently $1340.14. If the veteran was totally disabled for the last 10 years and you were married to him for the last eight years, then there is an additional amount of $284.57. The Death Pension is for widow/er's that are very low income and the veteran had 90 days of active duty service with one day during a period of war. (DS) 7/24/20
A3: Unfortunately, you are quickly learning a majority of people in the "VA" have little or no actual knowledge of VA benefits.
Surviving spouse benefits are complicated. There is no program that would give you 50% of his VA benefit. However, there are possibilities. If you will drop me an email, I will be happy to explain these possibilities. (RJ) 7/24/20
A4: Not really. He was the Veteran so his Disability Compensation ends when he dies. In other words, he was the one that was in the Military not you. What you need to do is file for DIC (Compensation and Indemnity Compensation) using VA Form 21P-534EZ.
This Compensation is paid to a Surviving Spouse or Dependent of a Veteran who dies due to a Service-Connected Illness or Injury OR because the Veteran was receiving or entitled to receive Benefits for a Service-Connected Disability rated at Totally Disabling.
You can claim the last Compensation Monies for the month that he passed away. Say for example, that he passed away on the 7th of the month then he would be compensated for the WHOLE month...not just the 7 days. This must be claimed or else you lose it. It is a complicated process so your best bet is to see a knowledgeable Service Officer. Be Persistent and Stay on TOP of it! GOOD LUCK! (RA) 7/24/20
A5: Go to this site https://www.ebenefits.va.gov/ebenefits/homepage and apply there then print out and mail in forms, or use that website for help and who you can contact, or the Vietnam Veterans of America might also help. (BT) 7/24/20
A6: Before answering your question, I will make the assumption you and your husband were married for at least 1 year prior to his death. Assuming that is the case, you may be eligible for VA Dependency and Indemnification Compensation (VA DIC). Since he was rated at a 70% combined disability rating, it is necessary that he died as a result of his service connected disability for you to qualify for VA DIC. As an example, if he had an individual rating, and was service connected, for diabetes (Agent Orange exposure), he may also have had an individual rating for chronic kidney disease which is secondary to diabetes. Thus, if he died of renal failure, you would qualify for VA DIC. The monthly benefit amount currently is $1,340.14 for a spouse with no children. There are other nuances a bit to complicated to explain as they will muddy the water if they don't apply. My suggestion is to enlist the aid of the nearest DAV National Service Officer or the nearest AMVETS National Service Officer. You should make an appointment with whichever one is most convenient to you. Be sure to have a copy of his disability award letter showing what his service related conditions are that resulted in the 70% combined disability rating. This may involve more than 1 award letter depending upon how many different claims were approved. As an example, I've had 8 or 9 different claims approved. You should also have his death certificate stating his cause of death. Whichever service officer you see will be able to help you file a claim if his death is service connected. The service officers do NOT charge any fee for assisting you. Assisting veterans and their survivors is what they do. (DL) 7/24/20
A7: You may qualify for a compensation. Visit the RO and apply for it. (AP) 7/27/20
A8: When the Veteran dies the disability payment ceases with the Veteran's passing. There are some different ways you might be able to qualify for the Dependent Indemnity Compensation which is referred to as DIC. It can be a little complicated to figure it out but a good accreditation service Officer could figure it out for you.