How difficult is it for a widow to apply for and receive VA benefits upon the death of her spouse?

SSG Wayne Wood — Tue, 26 Jul 2022 11:39:11 -0400

I won't bore you with the details, but in 2009 I was classified as rated 80% disabled but granted 100% disabled due to inability to work due to service-connected disabilities. I've never been "happy" with the way the VA has handled my situation as there is no true classification for my condition because when I was diagnosed it was extremely rare. It's never been an issue for me - I was tired of fighting the VA and writing Congressmen trying to get them to look into the matter. My thing was I suspected the condition was more common than folks realized (post-concussion damage to the hypothalamus) - particularly with all the concussions our guys were getting from IEDs in Iraq and Afghanistan. But there comes a point where you've done all you can reasonably do, take your "win" however it was achieved and call it a day.

The thing is, last year I was diagnosed with lymphoma and after chemotherapy I am now in remission and on the mend; but it got me realizing I needed to put my house in order, so to speak. I never gave much thought about VA benefits for my wife being much of an issue as I knew if I passed due to a service-connected condition she was eligible for at least part of my VA benefits.

Then late last year an old Army buddy of mine, who'd lost both his legs in Grenada and was definitely 100% disabled died and his wife had some trouble at first getting her widow's benefits. It got me to thinking about my own wife and whether there was anything I could do or am I fretting over nothing? I'm gathering a packet of my DD214s and VA Letter and other relevant documents she might need. As I said, I'm not happy with the way my letter reads, but I don't know if there's anything at this point I can do to make it read better. Do I need to go for 100%? Is that necessary? It took 23 years to get them to do what they did and do I risk screwing it up for no reason by filing an appeal (and Lord knows I'm tired of that)? Is it even necessary? I turn 66 next week.

How important is the "letter" in the process anyway. My TBI isn't listed, just the residuals from it. Just wondering.

I intend to visit my Alabama Department of Veterans Affairs Office within the next week or two, but wanted some input from fellow veterans - I don't even know if I know all the right questions to ask and hoped some input would help - and maybe even help other veterans in the same boat.

Response by SrA John Monette made Jul 26 at 2022 12:30 PM

SrA John Monette — Tue, 26 Jul 2022 12:30:29 -0400

I would suggest working with an accredited rep, if you aren't already. The states have their own Departments of Veterans Affairs which might be helpful too.

Response by SP5 Peter Keane made Jul 26 at 2022 1:36 PM

SP5 Peter Keane — Tue, 26 Jul 2022 13:36:58 -0400

DIC is based on several factors, but in your case with the TDIU since 2009, you would meet the 10 year Total disability rule. Then there is the one year married rule. ( I am assuming you were married when awarded VA Comp) It is not automatic, she will need to file a claim on VA Form 21P-534.

Response by SSgt Christophe Murphy made Jul 26 at 2022 6:10 PM

SSgt Christophe Murphy — Tue, 26 Jul 2022 18:10:46 -0400

Did you already go through the VA website and look at benefits and eligibility criteria for spouses/survivors? That needs to be your first stop

https://www.va.gov/family-member-benefits/#benefits-for-spouses-dependent

VA.gov | Veterans Affairs

Response by SPC Susan Glass made Jul 26 at 2022 6:24 PM

SPC Susan Glass — Tue, 26 Jul 2022 18:24:20 -0400

Before you file an appeal, consider obtaining new & material evidence and request that your claim be reconsidered. This can save time and effort. Material evidence may be anything that your doctors have treated you for in relation to your condition. I also suggest that you contact your local Veterans service officer to guide you . I also suggest that you check if your injury falls under a presumptive health condition based on your time of service classification.
Good Luck!

Response by SP5 Peter Keane made Jul 27 at 2022 7:37 PM

SP5 Peter Keane — Wed, 27 Jul 2022 19:37:35 -0400

Do not file an appeal. You are for the purposes of your wife getting DIC, 100%. At 80 schedular, you would need an additional 80% to get to 10 schedular. You likely now have a 70 and a 20 or 30. There is a snowballs chance to get to 100. Let it be. An appeal would open up the possibility of them reducing you.

Response by SSgt Jim Gilmore made Jul 28 at 2022 10:44 PM

SSgt Jim Gilmore — Thu, 28 Jul 2022 22:44:07 -0400

Your passing must be caused by a service connected condition or a service connected condition contributes to your passing, your spouse may be eligible for DIC which currently is $1437.66 per month. She may also be eligible for your social security. Filing a new claim at this point would require new and material evidence of a worsening of a condition or clear and unmistakable error on part of the VA. Unless your most recent award is less than a year old, an appeal is out of the question.

I recommend you start with your county VSO and scrutinize them in the same manner as you would buy a car...shop around.