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Survivor Benefits For Military Spouses
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Pdf] The Survivor Benefit Plan: A Cost Benefit Analysis
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When a partner passes away, it can feel like your world is turned upside down. This is especially true if you and your spouse have depended on monthly veteran disability benefits.
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While disability benefits do not continue after the death of a surviving spouse, survivors may be entitled to another benefit called Dependency and Indemnity Compensation (DIC).
Dependency and Indemnity Compensation (DIC) is a tax-free cash payment from the Department of Veterans Affairs (VA) to eligible dependents of members of the military service who died in the line of duty or eligible dependents of veterans whose death was caused by service. connected state. Legally married military couples of any orientation can apply for DIC benefits.
It is important to note that DIC is different from benefits received by a veteran during their lifetime. This means that once they expire, the monthly payments will stop.
Not everyone who was married to a service member qualifies for DIC. There are certain criteria that both the veteran and the surviving spouse must meet.
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In general, DIC benefits are available to non-spouses if the person had a child with the veteran and lived with them until the veteran died.
If the surviving spouse remarries, the VA usually terminates the DIC benefit. However, there are some exceptions. If the surviving spouse remarries and that marriage ends through death, divorce, or annulment, DIC benefits can be returned from the date of that divorce.
Another case where DIC benefits may continue after remarriage is if the surviving spouse remarries after age 57. In this case, the remarriage will not affect the DIC benefit and the benefits will continue.
From the age of 57 the DIC benefits lapse. They are also not reinstated when the surviving spouse turns 57.
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Note: Unfortunately, if you are the surviving spouse of a veteran who died at age 57 or later, but
In 2003 December 16 VA requires that since 2003 December 16 to 2004 December 15 you would reapply to DIC to have DIC benefits reinstated.
Dependent children must meet certain conditions to receive DIC benefits. These qualifications are very similar to those of a veteran claiming to have a dependent child.
To receive DIC benefits, you must show the VA that the veteran's death was related to their service. If they died in the line of duty or because of it
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Service-related disability, this process should be relatively simple. However, there are some VA rules to speed up the process that you may want to know:
Who were already employed when they died, you can still apply for DIC. But it may take longer to process such claims because VA judges will follow the normal disability claim review process to decide whether the cause of death is service-related.
Under 38 USC § 1318, veterans who have not died of a service-related disability but meet the following criteria may also qualify for DIC if:
For example, a Vietnam veteran did not claim disability benefits for post-traumatic stress disorder (PTSD) during his lifetime, but the condition later became the leading cause of death. A surviving spouse or dependent may apply for service affiliation thereafter, and if service affiliation is provided by VA, they qualify for DIC. It is important to note that in this case, the surviving spouse or dependent child does not receive retroactive PTSD disability benefits for the veteran, but can use them to set up DIC.
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In addition, survivors receiving benefits under 38 USC § 1318 are entitled to the same DIC benefits as survivors whose spouses have died of disability.
If the Veteran's cause of death was a suspected condition and the evidence shows that the Veteran meets specific presumptive criteria, VA would be required to provide the service without further investigation. Presumptive conditions are also another way a spouse or dependent may qualify for DIC benefits if they were not connected to the service at the time of death. An example of this is exposure to Agent Orange in Vietnam.
Exposure to Agent Orange can cause a number of underlying conditions. The VA periodically updates the suspected list, meaning the condition that caused a veteran's death could become presumptive in the future. In this case, the surviving spouse or dependent child can apply for DIC benefits.
If your children are younger than 18 and live with you, you are entitled to an additional allowance per child. Beginning in 2023, each eligible child will cost an additional $387.15 per month. This benefit is usually available for two years from when you receive a benefit or until the child turns 18. If one or more of your children are incapacitated for work, you can continue to receive benefits for them after they turn 18.
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You can also get an extra allowance if you are at home and need help with daily activities (such as washing, dressing, eating or going to the toilet).
If you were married to a veteran for those eight years, you may receive an additional monthly allowance. A veteran can be completely disabled due to a single 100 percent handicap, multiple 100 percent handicaps, or a TDIU.
In this case, be sure to include supporting documents proving you meet the DIC criteria, such as a veteran's death certificate stating the cause of death, marriage certificate, any prior divorce decrees, birth certificates, and school transcripts. Submitting this evidence along with the original DIC application can help speed up the allocation process.
When you fill out Form 21-534, you will see that there is a specific question about seeking a service connection for the cause of death. If the veteran is not missing due to a service-related ailment, make sure you answer this question correctly.
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If your spouse is killed on the job or while training, VA will appoint an accident officer to claim survivor benefits on your behalf.
You must apply for DIC VA benefits as soon as possible after the veteran's death. If you file and receive benefits within a year of the veteran's death, you will likely be paid retroactively one month after the veteran's death. Typically, the family receives a final veteran's disability benefit and begins receiving DIC benefits the following month.
If you do not apply for a DIC within a year of the veteran's death and the VA later grants you benefits, your effective date (i.e., the date you begin receiving benefits) will be the date VA submits your DIC application receives.
There are exceptions for surviving spouses and dependent children of Vietnam veterans eligible for Nehmer classes and Blue Water Navy veterans.
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