Combining A&A - DIC - Exception

Discussion in 'General Discussion' started by jbjurman, Mar 18, 2011.

  1. jbjurman

    jbjurman Newbie

    I am aware that A&A and DIC are not concurrent benefits, but the regulation below seems to indicate an exception.
    I am hoping someone might be able to help clarify.
    It indicates that a $286 monthly A&A benefit is potentially available for DIC recipients in addition to their DIC payment.
    Would someone currently receiving DIC, in assisted living (not nursing home) that requires meal prep and medication admin services potentially qualify for the additional $286 per month stated in the regulation?
    Comments and advice appreciated.

    8 C.F.R.
    Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation
    § 3.10 Dependency and indemnity compensation rate for a surviving spouse.
    (a) General determination of rate. When VA grants a surviving spouse entitlement to DIC, VA will
    determine the rate of the benefit it will award. The rate of the benefit will be the total of the basic
    monthly rate specified in paragraph (b) or (d) of this section and any applicable increases specified in
    paragraph (c) or (e) of this section.
    (b) Basic monthly rate. Except as provided in paragraph (d) of this section, the basic monthly rate of
    DIC for a surviving spouse will be the amount set forth in 38 U.S.C. 1311(a)(1).
    (c) Section 1311(a)(2) increase. The basic monthly rate under paragraph (b) of this section shall be
    increased by the amount specified in 38 U.S.C. 1311(a)(2) if the veteran, at the time of death, was
    receiving, or was entitled to receive, compensation for service-connected disability that was rated by
    VA as totally disabling for a continuous period of at least eight years immediately preceding death.
    Determinations of entitlement to this increase shall be made in accordance with paragraph (f) of this
    (d) Alternative basic monthly rate for death occurring prior to January 1, 1993.The basic monthly rate
    of DIC for a surviving spouse when the death of the veteran occurred prior to January 1, 1993, will be
    the amount specified in 38 U.S.C. 1311(a)(3) corresponding to the veteran's pay grade in service, but
    only if such rate is greater than the total of the basic monthly rate and the section 1311(a)(2) increase
    (if applicable) the surviving spouse is entitled to receive under paragraphs (b) and (c) of this section.
    The Secretary of the concerned service department will certify the veteran's pay grade and the
    certification will be binding on VA. DIC paid pursuant to this paragraph may not be increased by the
    section 1311(a)(2) increase under paragraph (c) of this section.
    (e) Additional increases. One or more of the following increases may be paid in addition to the basic
    monthly rate and the section 1311(a)(2) increase.
    (1) Increase for children. If the surviving spouse has one or more children under the age of 18 of the
    deceased veteran (including a child not in the surviving spouse's actual or constructive custody, or a
    child who is in active military service), the monthly DIC rate will be increased by the amount set forth
    in 38 U.S.C. 1311(b) for each child.
    (2) Increase for regular aid and attendance. If the surviving spouse is determined to be in need of
    regular aid and attendance under the criteria in §3.352 or is a patient in a nursing home, the monthly
    DIC rate will be increased by the amount set forth in 38 U.S.C. 1311(c).
    38 U.S.C. 1311(c).
    (c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall
    be increased by $286 if the spouse is
    (1) a patient in a nursing home or
    (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and
    attendance of another
  2. vetadmin

    vetadmin Administrator Staff Member

    If the veteran was rated at 100% then yes, the widow can keep the DIC and get the additional money for A&A.

    If that is not the case, then you have to determine which would pay the higher amount - DIC or this Pension as she cannot have both with less than the 100% rating.
  3. Max

    Max Hero Member

    The vetern did not need to be 100%. You can get both benefits. You just can't get DIC and death pension.
  4. jbjurman

    jbjurman Newbie

    Many thanks tp VETADMIN and VSR. I appreciate you taking the time to respond to my lengthy question.
    I am hoping that filing a request for the additional benefit will not mess up mom's current DIC or Social Security payments due to some admin error in the forms I file. Also hoping the VA might consider retro-active A&A payments. I recently became aware of the potential additional A&A benefit and mom has been in assisted living for 6 years. Her savings are nearly depleted.
    Thanks again and all the best to those traveling this path.

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