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Benefits
for Our Veterans
Susan Piazza
(05/07/07)
For those who read our last
article, I think you can now understand how confusing VA
benefits are for the veteran and his or her family. I
cannot stress enough the importance of veterans keeping
their families informed as to the location of their
important military and/or veteran papers. These papers
are essential in knowing and understanding what benefits
the spouse and/or family may be entitled to. Benefits
hinge on one issue, the type of discharge. Other matters
can be debated, possibly bent. A dishonorable discharge
is not one of these issues. A dishonorable discharge
makes the veteran and his family ineligible for benefits.
For purposes of this article, we will assume all
discharges are under conditions other than dishonorable.
We will again focus on death benefits for survivors. The
following are programs set up to assist the family left
behind.
Dependency and Indemnity Compensation (DIC)
To be eligible for DIC, the veteran would have had
to suffer a service related injury or disease resulting
in death. A non-service related injury or disease can be
eligible if the veteran was receiving or entitled to
receive 100% compensation prior to his death for the ten
(10) consecutive years prior to death.
A veteran who dies before the ten years has accrued can
still be eligible if he was rated 100% disabled upon exit
from the military, and this rating continued for the five
years following exit from the military. POWs who died
after 30 Sept 1999 and were rated 100% for one year prior
to death may also be eligible. DIC helps surviving
spouses, unmarried children under 18 (or between 18 and
23 if attending a VA approved school) or helpless
children. Dependent parents whose income is low enough
may also be eligible.
A spouse, in the eyes of the government, must be married
and have lived with the veteran for a minimum of one year
or, if a child is born of the union, any length of time
qualifies the spouse.
A spouse can still be eligible, if he or she did not live
with the veteran for a period of time prior to death, if
the separation was not the fault of the spouse.
The VA considers a child to be helpless if he
or she is permanently disabled, unable to care for ones
self, and if the disability occurred prior to the
eighteenth (18) birthday and will not improve.
The surviving spouse and remarriage.
A spouse who remarries can still be eligible for benefits
if the remarriage is terminated due to annulment,
divorce, or death. However, if the surviving spouse lives
with someone and sets that person up as their spouse, he
or she can become ineligible. Another exception to the
remarriage rule is that as long as the surviving spouse
remarries after age 57, the spouse may still qualify.
Another important benefit that can be useful is something
called Aid and Attendance. If a survivor is entitled to
DIC, he or she may be entitled to Aid and Attendance.
This assistance is given to inpatients in nursing homes,
or to those that require the aid and attendance
of another person on a regular basis.
A similar program is called Housebound. As one can
logically assume, this benefit is for those spouses who
are permanently housebound. One who is eligible for DIC
is usually eligible for housebound benefits.
Death Pension.
Pensions, as with DIC, are income based. They are
based on need. Someone eligible for aid and attendance,
or someone who is permanently housebound, may be entitled
to a higher income limit.
The veteran has had to have served ninety (90) days in
the service with at least one day served during wartime
(or conflict) status, unless the veteran was discharged
or retired for a service-connected disability.
A death pension may be issued to a helpless
child. The helpless child definition explained in the DIC
section applies here as well. This pension may continue
until or unless the child marries and/or has an income
that exceeds limits. Parents of a deceased veteran may be
entitled to a death pension as well, but, again, only if
income is limited.
Annual limits, changed yearly, conform to levels
established by law. The current annual amount given to a
surviving spouse is $7,094. These payments are diminished
by the amount of income one receives. Social Security
counts as income and is subtracted from this annual rate.
Any income received erodes this benefit.
Non-reimbursed medical expenses may be used to offset
some of ones income. One point I want people
reading this to take away - please, please, please! -
make sure your finances are in order and that you have
taken steps to ensure that those left behind will not
have a declining lifestyle at a time in their lives when
they are unable to work and maintain their own normal
lifestyles.
Prepare.
Now and again, laws change. So, even if this
article implies you may not be eligible, check with a
veterans agent. Massachusetts has an agent in every
city. He or she will assist you in filling out forms.
Many veterans organizations will also assist you.
May God bless all, and may God bless the great United
States! Until later, I remain ...
Susan Piazza is the first female commander of the DAV
in 75 years, and its current commander. She has been
involved with the DAV over twenty five years. She is also
Past Commander of the American Legion Post 417, Methuen.
*Send your questions comments to ValleyPatriot@aol.com
The MAY 2007 Edition of
the Valley Patriot
The Valley Patriot is a Monthly
Publication.
All Contents (C) 2007, Valley Patriot, Inc.
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