Question:

I am the widow of a veteran. My husband was 100% service-connected for diabetes type II. Back then the care and medecine for this disease was just not as good. He died on November 21, 1970. I never got but one check from the government for $101.00 dollars. They told me I only got this amount because I was working full-time. I have had to keep working ever since. My husband died at the VA hospital after a very long stay for complication of diabetes and his Kidney failure killed him. My husband always told me the VA would take care of me. Am I entitled to any VA benefits?

Answer:

Depending on when your husband served you may be eligible for a non-service-connected pension and/or dependency and indemnity compensation (DIC). Based on what you wrote I would suggest you file a claim for DIC. DIC pays more and you can still work and receive other benefits at the same time.

DIC is a monthly benefit paid to eligible survivors of a:

Military service member who dies while on active duty, active duty for training, or inactive duty for training, or

veteran whose death resulted from a service-related injury or disease, or

veteran whose death resulted from a non service-related injury or disease, and who was receiving or was entitled to receive, VA compensation for a service-connected disability that was rated as totally disabling:

for at least 10 years immediately before death, or

since the veteran’s release from active duty and for at least five years immediately preceding death, or

for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

The surviving spouse is eligible if he or she:

validly married the veteran before January 1, 1957, OR

was married to a service member who died on active duty, active duty for training, or inactive duty training, OR

married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

was married to the veteran for at least one year, OR

had a child with the veteran, AND

cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

is not currently remarried.*

Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

The surviving child(ren), if he/she is:

not included on the surviving spouse’s DIC

unmarried AND

under age 18, or between the ages of 18 and 23 and attending school.

Note: Certain helpless adult children are entitled to DIC.
The surviving parent(s) may be eligible for an income-based benefit.

The basic monthly rate of DIC is $1,195 for an eligible surviving spouse. The rate is increased for each dependent child, and also if the surviving spouse is housebound or in need of aid and attendance. VA also adds a transitional benefit of $296 to the surviving spouse’s monthly DIC if there are children under age 18. The amount is based on a family unit, not individual children. Benefit rate tables, including those for children alone and parents, can be found on the Internet at http://www.vba.va.gov/bln/21/Rates.

To apply complete VA Form 21-534 Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child.

I also recommend that you have a very good service officer review your VA claims file to make sure the VA did not wrongfully deny your claim decades ago.

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