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Q45: I am a widow of a veteran. After 13 years of appeals my husband was granted 100%. But the last claim which I re-instated after his passing in July of 2016. I received notice in January of 2018 he was granted it back in April of 2016, but it had been overseen as they put in their letter and he was never notified. He died of 3 types of cancer. He was in contact with radiation during his time in service. But not during war time. So my question is, am I not eligible for DIC because he was granted 100% from his 60% he was receiving.
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A1: It sounds to me like you have a case. I am not sure what disabilities your late husband got from the VA, but it would be advisable for you to see a local VSO to review your paperwork, and if he/she don't know, will be able to get in touch with someone who does know. Hope this helps. (RC) 3/20/18
A2: Unfortunately, not. The VA pays from the date you file your claim or the date you establish eligibility, whichever is later. (AP) 3/21/18
A3: Appeal!!! Died from service connection...there is talk of being 100% for ten years ,look it up under DIC on va website...they have guidelines right on there. Good luck sorry for your loss was he Vietnam veteran. (CD) 3/22/18
A4: Yes, if he was rated 100% at time of death. Contact your local Service Officer and file an updated claim. (TB) 5/25/18
A5: This would probably take a lot of research to see when claims were filed. I have done a few of these like this and have been very successful. (GR) 11/22/19
A6: DIC is granted under a few specific conditions.
a. The service member's dies while on active duty and it is not due to such things as a DUI.
b. The service member is no longer on active duty but passes away from a service connected illness.
c. The service member is rated at 100% for 10 or more years and then passes away, regardless of the cause.
If your husband's cancers can be proven to be due to radiation exposure or he was directly service connected for the cancer which caused his death, you are eligible to draw DIC.
Just because he was rated at 100%, you are not guaranteed DIC.
The DIC, if granted, should go back to the date of his death. (RJ) 6/30/20