Posted on May 11, 2023
I'm rated at 80%, if I pass on will my wife be eligible to receive any benefits?
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Benefits Advisor
Benefits Advisor
Posted 12 mo ago
Responses: 3
The answer is "Maybe". The VA's site* for Dependency and Indemnity Compensation (DIC) shows the eligibility requirements. She wouldn't get your entire disability pension, but she would get a benefit (again, if eligible).
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* https://www.va.gov/disability/dependency-indemnity-compensation/
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* https://www.va.gov/disability/dependency-indemnity-compensation/
About VA DIC for spouses, dependents, and parents | Veterans Affairs
If you’re the surviving spouse, child, or parent of a service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness, you may be able to get a tax-free monetary benefit called VA Dependency and Indemnity Compensation (VA DIC). Find out if you can get VA benefits or compensation.
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DIC is only payable to surviving spouses if Veteran is rated at 100%. This also includes TDIU.. Other eligibility factors also come into play, but are moot if you don't meet the first.
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COL Randall C.
Not accurate. DIC is payable as long as the reason for passing was for a service-connected illness or injury OR if the eligibility is due to a rating of total disability.
IF the Veteran is rated at 100%, then it is presumptive that the reason he passed away was for a service-connected reason as long as they had a total disability rating for 10 years before their death or if they died within 5 years of leaving active duty (of course, the previous still applies - if it was due to a service-connected item then there is no timeframe).
IF the Veteran is rated at 100%, then it is presumptive that the reason he passed away was for a service-connected reason as long as they had a total disability rating for 10 years before their death or if they died within 5 years of leaving active duty (of course, the previous still applies - if it was due to a service-connected item then there is no timeframe).
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COL Randall C.
SP5 Peter Keane - understand, but your reply was that the servicemember had to be 100% disabled ("DIC is only payable...if Veteran is rated at 100%"), and that's not accurate.
The percentage doesn't matter. If the veteran died of a service-related illness or injury, than the spouse would be eligible.
The percentage doesn't matter. If the veteran died of a service-related illness or injury, than the spouse would be eligible.
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SBP- I WAS 50% AND WAS PAYING EXTRA FOR SBP, NOW I AM 100% AND I AM STILL PAYING SBP NOW FOR MY DAUGHTER BECAUSE I AM NO LONGER WITH MY EX WIFE.
DON'T THEY EXPLAIN ANY OF THIS STUFF WHEN YOU ARE GIVEN YOUR RATING OR %?
DON'T THEY EXPLAIN ANY OF THIS STUFF WHEN YOU ARE GIVEN YOUR RATING OR %?
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