Who Gets Your VA Benefits After You Die?
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- เผยแพร่เมื่อ 26 ก.ย. 2024
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Attorney Shelly Mark talks through the ins and outs of Benefits After Death when it comes to VA Disability Benefits. This is great information for veterans and their families to know. She discusses Dependency and Indemnity Compensation or DIC Benefits, Survivors Benefits, Accrued Benefits and even Burial Benefits. This video goes in depth into each to answer any questions you may have about this broad topic!
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#dicbenefits #benefitsafterdeath #survivorsbenefits
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Great info!
@@Anonymous_Guy777😊😊😊
Husband was 100% for prostate cancer he was a marine served from 1967 -1970 was in country after 4 yrs dropped to 70% for 4yrs. Then got 100% from 2014 until 2020 due to. Unemployability passed away at a V.A. hospital found out he had lung cancer ,but it was to late we t to brain also took him off of life support died on 10/9/2020 i get 1,600.00 a month, does the 10 yr. Have to be consecutive Thanks
How do I find out my dads va information as to his monthly payment and if he had life insurance thru the va my siblings are not saying nothing my dad just passed last week and I don't know even where to start .Texas.
Please discuss the various ways the government employs "means-testing" in order to reduce what is owed to the veteran/family.
What if my husband is 70% but gets paid 100% by unemployability over 20 years? Would I get DIC automatically too?
@@lisacalero706 Yes.
Veterans rated 100% are eligible for DIC. Not those Veterans who are being paid 100%!
I'm 90% disabled I get paid 100% cuz I'm unemployable what will my wife get I've been on disability for over 10 years I'm 74 years old
@@robertziegler3006 She would get DIC, ChampVA if you pass after the 10 year mark. You don't have to pass from service connected death after the 10 year mark you could get hit by a bus and she would still get paid DIC benefits.
Does a Veteran at 70% and 100% unenployabl, are they, wife ,eligible for DIC benefits?
Does the ten year countdown start from the date a retroactive payment is calculated or by the date of a decision letter?
Yes the date of the decision letter. The "Caring for Survivors Act" (2024) is working way it's way through the the US Senate and it will shorten that time span to 5 years and the amount the Spouse will receive will be increased also.
Did the act pass? I think there should be no waiting time because once a vet is 100% they may not live long after that. 10 years is unrealistic 5 years not good either. My husband just had a stroke and not at 100% yet, if he makes it to 100% he may not have long because he has an aneurism and blood clot ready to go off! Who wrote the bill?
@@MountainAirOrganicBedsexcellent point, why in the world would there have to be a waiting period???
I’m rated at 90% but, get paid at 100% because I have unemployability. When I pass will my spouse receive DIC and survivors benefit?
No
Thanks for sharing this information.
Glad it was helpful!
Does Hill and Ponton have any idea about the PACT Act? If so, I will be contacting you. Please advise.
can a veteran who is single put in their will a request for their benefits to go to a immediate family member? or not?
No, only to spouse or child under 18 on record. Parents can get DIC if they are established on record before death.
How does the toxic exposure under the PACT Act affect this?
I am rated at 90%, but getting paid for 100% unemployability. Would my spouse be able to get DIC. I have been getting paid 100% for more than 10 years now.
Great video
Hi I have some questions about TDIU with college/VR&E. I spent hours on Reddit on this topic and most opined that you can’t go to school if you are on TDIU since if you are able to go to full time school, you should be able to work. That was their argument and that the VA will terminate your TDIU. I also saw most people saying you can’t get on vr&e if you are on TDIU because TDIU says you are unemployable and Vr&e is assisting you to achieve employment through education or other trainings. So they contradict each other. Some said vr&e reps refused accept the application because somebody was on TDIU. That was their argument. My argument is that I believe if a person with 100% p&t can go to college, anyone should be able to go to school. If you can’t go to college while on TDIU, it implies nobody with let’s say combined disability rating over 80% should be able to go to school because they all do have severe disabilities. Some said you can’t go school if you are 90% disabled because the VA will assume you have improved and Lower your ratings by scheduling c&p exams. Please tell me all of this is false. If you could make a video on this topic, it would be so helpful. I have found nothing on Google on this topic. This is useful for young veterans like me who want to go to school. There is not a single video on this topic on TH-cam as well. Thanks.
Question, if a veteran is 100% disabled it’s been over 10 yrs since disability and passes away from service connected illness will the surviving spouse that has been married to veteran over 10 yrs receive the full 100% like the veteran has been receiving?
No, only a portion of their monthly compensation. Right now it's somewhere around $1,200.00 which is way to short! BUT as of late 2023 a Bill is working it's way thought the US Senate (The Caring for Survivors Act) will reduce the the time span from the day the Veterans Rating was awarded to just 5 years (I think there should be NO waiting period) for the spouse to receive that benifit.
Now 50 percent. My wife would receive around $2,000 per month tax free starting in 2025 with the new COLA. I am 100 percent P&T
How long does it take from the time that you file a claim of survivor benefit to receive the compensation? It’s been six months since I put theclaim I haven’t received notice.
I want to know about the spouse, is it the current spouse only or the ex spouse is also eligible? to claim the benefits.
I understand the title is all about after the veteran's death, but my question is, Is there any benefits the spouse can get while the veteran is alive? Like part of his monthly or healthcare or whatever? Just asking for any information, thanks.
Good topic. I am a US Citizen age 76, married to a Costa Rican Woman,. Also a US Army Veteran. My wife has no SSN so apparently cannot collect either Veteran's or SSA Survivor benefits. She was denied a Tourist Visa 3 times so no longer has any desire to go to the US to get an SSN. Nor can I file US Taxes as Married because again she has no SSN. Or do you have a way around this. Each time she applied for a US Visa with travel, hotel, fees it cost $1500. So having spent $4500 no way will she try again. Last time denied she was told "Happy Birthday Your US Tourist Visa is Denied." She is a University Professor of Languages and Administrator. Now 6 years from Retirement.
I should add no Government Offices in the US will respond to me. I have no Representation nor can I vote.
Go file for her taxpayer ID number at the closest US Embassy.
@@bigsasha500 Wrong! She cannot ask for a US Tax Number without going to the US and has been Denied a US Tourist Visa 3 time, the last being 8 years ago. She in now the recipient of all my former income from Patents and Copyrights Registered in Panama and Manufacturing and Sales Contracts from China. It would be insane to begin paying US Taxes on a $2.6 Million Tax Tax Free Income. No thanks to that advice. The Tax Payer ID is only for Foreigners having Business Dealings in the US. She has none at all. And again a US Id and SSN can only be obtained in the US with the exception of children of US Citizens born outside the US.. Not Spouses of US Citizens. Also for your information no Foreign Spouse is recognized as a Spouse in the US until and if they live together in the US as Spouses for 5 years. And sure as hell that won't be happening as I wouldn't care to even spend 1 hour in the US. All 3 times the only reason my wife applied for US Tourist Visas was to fly to Canada as well as Europe with the briefest under 4 hours layover possible.
@@bigsasha500 Another thing. No one can file for a Tax Number but the person involved. A husband has no authority except over himself. Also it is a 3 day trip for an Embassy appointment. 2 nights in a hotel in San Jose and a $100 taxi ride each way (normal would be $250) Plus Embassy Fees. Like application for a Tourist visa is $550. Declined all that money and time is lost.
@@riskyron1416 Do you want the taxpayer ID or not? The Embassy is not going to come to you.
@@riskyron1416 Your income is taxed as a US Citizen on a worldwide basis even if you are married outside of the US to a foreign National. The IRS considers your income to be together even if she never set foot in the USA. If you are filing married separately they will be looking for her separate filing of her tax return! Look at what happened to former British Prime Minister Boris Johnson!
Will DIC be retro back pay to date of death.
yes
well, is this a nehmer case? refer to Neherner guide , 2021.
Read about the Caring for Survivors Act going through the Senate at this time.
Does the 100% qualify if you are 90% T&P = 100%
My husband recently passed away from a service connected condition. Is there $500 extra added on to my DIC?
Does the VA Survivor Pension Benefits expires?
I am posting this so others may know that you may be willfully or mistakenly misinformed by the Veterans Administration
My Father died in 2005, a disabled veteran not at 100% but who had compensation claims pending on multiple ailments due to Korean War combat service.
My mother, his wife, died in 2017.
We were told in 2005 that my father's claims extinguished upon his death..
how much is DIC benefits?
ii was t old that my wife would get all of mine butr i would have to live 5 yrs after i recived it so now it been change why
What is going on with the Camp Lejune payments.I have been approved my paperwork has been sent to the Naval office for payment.Still have not heard from them it's been 2 years. Is there a phone number I can call to see were I am on their list for payment?
Sad...i have yet to see a good pressentation in DIC...every presentation seems to be more confusing than the other i don't know wy.
All the info you need is available online.
Thanks for sharing recently got married
I am 100% service connected over 10 years. Does my wife quality? And is there a salary cap that if my wife makes X amount of money that she would not receive DIC benefits?
Heyyyy she's my attorney Yayyyyyy, yippy yah who weeeee lol
Who in the VA should the surviving spouse or family member call when the veteran dies?
Go to your local VA facility and speak to a VSO (Veterans Service Officer).
What happens to the Veteran's benefits if the spouse died also I.E. the veteran was killed in action the wife collected benefits but now the wife is dead where do the benefits go after that??
Benefits are ended, and claim folder is closed and archived.
If a surviving spouse remarries after she starts collecting benefits, does she lose the benefits, or does she continue receiving them
I beleive she loses it
Do u have to be disabled to get the benefit?
Great information!
Thanks for watching!
Serious question, If I am diagnosed with severe depression and adjustment disorder, and I K*** myself will my wife (once we married for a certain number of years…we’ve been together for over 12 years but can’t afford the wedding) be entitled to my
Benefits if I’m TDIU P&T?
Write your own nexus letter ... lol
What about a 20/20/20 divorced spouse. Neither ever remarried.
What I have 80% unemployability and I receive 100% of pay . Where do I fit in with my lady to get my benefits?
9 0:34
Just to let you know, Veterans rated 100% service-connected are eligible for DIC.
The gentleman from Costa Rica that his wife was denied 3 times is very strange normaly all my friends that are maried to women of other Nationalities get dare US visas granted...maybe cause he don't have her register as his wife in the embasy
so, if my wife makes too much money she wont get any benefits from me on death?
Is 90% paid at 100% get DIC for spouse?
I have same question
No, the only way to get 100% benefits is at the 100% scheduler or 100% TDIU.
TDIU = Total Disability due to Individual Unemployability. In essence even if you aren't 100% scheduler out right. You can get 100% pay and benefits under TDIU benefit. You must be 60% rated for a single condition or 70% rated for multiple conditions with one condition rated 40% to qualify for TDIU benefit. @@jonvilar7284
How much would my wife receive, I 60 percent .
She must really like to hear herself talk, she said was she was going to talk about several times.
Maybe you should just listen.
🥰
👍💯
To no one in my case no spouse no kids.
Those statuses can change.
they all scurry for benefits -
Oh my God great information but I almost ran off the road due to the monotone voice please give your lawyer some acting lessons or something good God almighty
😂😂
How did my kids mother take 800 from my va 100 percent we we're never married
It's called child support
@@tommarinevet 800 for a 12 yr old
Called "Common Law" married. And if you play "house" with a girl hence she gets pregnant you are screwed. Enjoy.
@@jeromegivens464 I TRULY hope you're using that 100 percent to get a mental therapist...
Perhaps the state you live in recognizes common law marriage. Either way, they are still your children/dependents & you must care for them financially!
If you're filing your claims through the BDD program, i have a military transition guide for dummies video on my page :)
Lawyer word Salad misinformation. Don't quit your day job.
Unless you are a subject matter expert, your comment is illrelevnt, I'm glad she took the time to give us this information
She was 100% correct and put out great information. Crawl back in your hole.
Informative. Thank you very much.
Shelly, Excellent video!
I am a little confused regarding if my wife would be eligible for DIC benefits, as I am rated at 80% (service connected) or is this only for those Veterans that are rated at 100%. Thanks again!
100% is the standard.
So 40% gets spouse Nothing?
@@gracesmith9125 Nope, nada. Just additional money for you in your comp. payment for a dependent. That is it, but no DIC benefits.
If you will notice, most of these law firms do not answer questions; they want your money, not free information.
@@stevenb.5680hubby is 63 Ret 04 VSO no help, have ITF one month to get info submitted Don't know what this VSO submitted if anything Trying to learn as much as possible Just feel like submit med records and cross fingers Trying not to give up
Great info!!!! Great Staff!!!
Glad you enjoyed it!