Just confirming the 5 year rule will apply

DIC, Death Pension, Burial Benefits ect...

Just confirming the 5 year rule will apply

Kriegschwein
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Joined: 02 Mar 2015, 16:01

20 Jun 2017, 10:47 #1

I just got rated as 100% P&T Combined Scheduler, backdated to the day of my discharge.

Can someone confirm that I fall under the 5 year rule should something happen to me?

Thanks.
 

  
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Nick
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Joined: 27 Feb 2011, 02:04

20 Jun 2017, 13:23 #2

The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for 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


http://benefits.va.gov/compensation/typ ... emnity.asp
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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Irishking
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Joined: 01 Jul 2012, 12:38

05 Sep 2017, 14:31 #3

For many the 10 year rule requirement is very difficult to satisfy and there are times when I am fighting  to run out the clock.  Wish the 10 year rule was cut back to 7 or even 6.
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yukutll
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Joined: 07 Oct 2012, 20:43

08 Oct 2017, 05:23 #4

Please clarify... I'm feeling a little confused today... Thanks!

I'm Married 25 years to my current spouse
I'm 66, wife is 55 years young.
My TPIU 100% + House-bound effective 8/1/2013,  scheduler = 90%
USAF 1970-74

"Since the Veteran's release from active duty and for at least five years immediately preceding death benefits"

So if I understand this correctly, if the Lord takes me on 8/2/2018 for a non-service connect illness... whould my wife be eligible for DIC survivor benifits
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Dray
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Joined: 21 Jul 2014, 13:12

08 Oct 2017, 15:17 #5

My interpretation to your example/question is, NO, your wife would not be eligible for DIC, you would not meet the 10 year total disabled rule as Nick quoted above. Your Non- SC death would have to occur 10 years or later after your total disability's rating effective date of 8/1/2013 i.e. 8/1/2023. Your total disability rating did not begin until 2013 and would have need to have started upon your discharge date of 1974 to meet the 5 year rule..
Dray
USMC
RVN/Okinawa 69-70
9th MAB/3rd Marine Div.
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Nick
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Joined: 27 Feb 2011, 02:04

08 Oct 2017, 16:01 #6

Agree with Dray.
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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Irishking
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Joined: 01 Jul 2012, 12:38

08 Oct 2017, 16:12 #7

Just wonder if VA has requested many autopsies to try to ascertain precise cause of death.
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Ray
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Joined: 03 Oct 2008, 15:33

08 Oct 2017, 16:27 #8

Irishking wrote: Just wonder if VA has requested many autopsies to try to ascertain precise cause of death.
Cause of death for VA purposes is what is listed on the death certificate, unless the veteran died in a VA facility under suspicious circumstances I cannot see VA asking for an autopsy.
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Nick
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Joined: 27 Feb 2011, 02:04

08 Oct 2017, 16:33 #9

Not to my knowledge. In most cases, the claim is being worked weeks or months after death and I have never heard of an exhumation request.

The DIC award can take into account more than the primary cause of death on the certificate. Contributing causes can be considered -  qualified medical opinion can be evidence used , not just what is listed on the certificate.

https://www.law.cornell.edu/cfr/text/38/3.312  Addresses cause of death service connection. (C)(3) , for example, can be a basis for a DIC award when a vet had a 100% rating for a major organ - such as heart disease .
Nick
USAF RETIRED
100% P&T
100% CRSC

Complete layman - not a VSO and not a VA employee.
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