I have been 90% paid at 100% total and permanent disability with IU
since Nov 2007. Will my wife be able to collect DIC benefits if I die?
A1:
Yes. However there are some rules and some not written. First there's the marriage requirement. Basically you if you are married
at the time of death, and have been for sometime, this requirement would be met.
The unwritten but relevant rule
is you must die of a service connected disability for the first 10 years of continuous disability. You can die of any cause
after 10 years. Some veterans do not dispute this, but should. When push comes to shove, the VA must grant DIC upon your death
providing she meets all the criteria.
Here's a link for DIC:
http://www.benefits.va.gov/COMPENSATION/resources_comp03.asp
(CP)
4/10/2016
A2: CP is partially right in his answer.
A spouse of a veteran who has been rated at 100% for 10 years or more is eligible for DIC no matter what condition from which
the veteran dies. If the veteran has been rated 100% less than 10 years the veteran must have died of a service connected
disability. Also if the veteran has been rated at less than 10 years at 100% and dies of a condition that is presumptive
of service connection (Lou Gehrig's Disease as an example) then you file both a request for service connection if the veteran
was not service connected for it and for DIC. If the condition is listed on the death certificate that is great.
If the doctor who signed the death certificate forgot to put that condition in as cause of death they may make an amended
cause of death. That is why CP says don't give up. (CP) 4/11/2016
A3:
A surviving spouse is eligible if he or she was married to the veteran for at least one year before the veterans death, or
has a child with the veteran, or; if the veteran left the military due to a service-connected disability, the marriage was
within 15 years of the discharge; cohabited with the veteran for the duration of the marriage unless the couple underwent
a period of separation that was not the fault of the surviving spouse; and has not remarried before reaching age 57.7
Surviving
(2) Determination
of total disability. As used in paragraph (c) of this section, the phrase rated by VA as totally disabling includes total
disability ratings based on unemployability (§4.16 of this chapter). (AP) 4/11/2016