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My brother died in 2018 and my sister-in-law was told by a VA rep that she made to much money to collect any compensation. Is that true?

Answer Question



A1:  There is no income stipulation for DIC.
Verify that the correct benefit, DIC vs. Pension, block was checked and applied for on the VA Form 21-534EZ, since this same form is used, and the Pension Management Center will only processes what is being requested.  (JF)  2/19/19

A2:  I do not know but do not believe that. You need to look it up yourself. It is all public law. You can contact DAV, VFW, American legion, etc. and they should be able to help you. Many states have their own Department of Veterans Affairs like in Florida and California. They help veterans who are having problems with the federal Department of Veterans Affairs. The federal VA will never help you even if you are right. They deny everyone several times before you get anything as they want to make it difficult so you will give up. The key is to never give up and to find out the facts. If this representative said she made too much have him should you in the law where it says that. Get the regulation number, the page number, and the paragraph so you can read it yourself. Also get the facts together and send a letter to your U.S. Senator. When this is processed the VA has 24 hours to give an explanation to your U.S. Senator and he/she will share that with you. If your brother honourably served in the armed forces of the United States his wife should get something. What she earns has not a damn thing to do with him serving this country. Keep in mind that the trump Administration is pressuring the VA to reduce spending so that may have an effect too. Good luck to you and DO NOT GIVE UP UNTIL YOU ARE SATISFIED!  (JD)  2/19/19

A3:  The VA rep was probably referring to a widow's pension, which is basically like welfare and insures the widow gets some income, tho minimal. DIC pays widows of veterans who died of service-connected (sc) injuries/diseases/disabilities. To the best of my knowledge there is no income limit that causes disqualification.  (RH)  2/19/19

A4:  That is a true statement. DIC is distributed by the veteran's last military command is not automatic, and the cause of death has to be service connected. Additionally, her brother would have to legally place her as his next-of-kin if there are no surviving parents or children. But contact a local Veteran Service Officer (VSO) for assistance. They will be able to answer all of your questions.  (AB)  2/19/19

A5:  If your brothers death was caused by a service connection or if he was rated 100% disabled for a 10 year period his wife would be entitled to a DIC benefit and how much she earns does not matter.  (KS)  2/19/19

A6:  Compensation is never income dependent. Pension is always income dependent. It sounds like you are using the word compensation to mean money. Compensation in the VA world is money but for a disability that has been deemed service connected and Pension in the VA world is also money but it is a war time benefit to help Veterans or their surviving spouse whose income is very minimal.  (KH)  2/20/19

A7:  I believe the limit is $800.00 per month earned income. She can deduct several things to lower her earned income. Her best approach is to sit down with a Service Officer for the Disabled American Veterans.  (DR)  2/20/19

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