In this video, we'll be discussing disability benefits for widows and widowers of deceased veterans. My name is Zack Evans and I'm a disability benefits attorney with Woods and Woods Attorneys in Evansville, Indiana. The three types of benefits that we're going to limit this video to are accrued, substitution, and DIC benefits, commonly known as death benefits. The first category, accrued benefits, require you to file within one year of the veteran's death. It is a standalone claim, and your entitlement to accrued benefits is based on claims pending at the time of the veteran's death. Unfortunately, you cannot start a new claim if you submit an accrued claim. Additionally, under the accrued benefits tract, it is a closed record, so you cannot submit additional evidence. The amount of your accrued benefits depends on the date of the veteran's death. If it's a death on or after December 16, 2003, it is the total amount of past due benefits that would have or should have been awarded to the veteran. If the death is prior to December 16, 2003, you're limited to two years of past due benefits. Notably, the two years are not necessarily the most recent two years before death, as previously mandated by the VA. There has been some litigation in court that has clarified this distinction. The second type is substitution. Substitution claims have similar qualifications to accrued claims, but there are some significant differences. The substitute stands in place of the veteran, essentially like a baton being passed. Unlike accrued claims, substitution is not a separate claim. Therefore, in a substitution claim, you are just a substituted claimant standing in the veteran's shoes. Unlike accrued claims, substitution allows you to submit new evidence. This is advantageous if there is missing information or an expert...
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Va accrued benefits fact sheet Form: What You Should Know
WHAT IS VA DEPRECIATION? VA is required to reduce the amount of a veteran's pension to the date of death, if the veteran is at least 62 years old or has been receiving VA pension benefits for more than ten years. What is Veteran's Insurance Coverage? Veterans are entitled to receive benefits through the Veterans Administration.  VA is an insurance company that runs a “premium insurance” system for veterans, meaning it provides insurance under-insured benefits to veterans in a manner similar to mutual or individual-only life insurance. The coverage is underwritten on behalf of veterans by private insurance companies. However, insurance underwriters, such as UC CAC and CIA, are not the same as insurance carriers — they are simply providing insurance on behalf of the VA. Benefits are generally provided through a number of mechanisms depending on the benefit type you are requesting Veterans with Disabilities Benefits — CCK LAW Note: If you are not currently receiving VA disability benefits, you must attach a completed application to the VA Form 21-2680 in order for VA to make a decision Who Can Get Benefits and Which Veterans Get Benefits? Anyone with a service-connected disability for at least 36 months after the date of enactment of title 38, United States Code. See page 31-1, in PDF form for complete list of qualifying conditions which includes physical, functional, and mental impairments. You must have been rated as severely disabled before the date of enactment of title 38, United States Code. What Type of Disability Do I Need? — CCK Law NOTE: If you are still receiving your VA pension benefits, attach a completed application to the VA Form 21-2680 in order for VA to make a decision Note: If you have a disability rating from the VA that is higher than the maximum VA pension rate, VA will pay you 75% of the disability rating — not your full disability rate. So say you are retired because of severe PTSD symptoms, and the VA rating says you will be worth 80% of the maximum What Are the Pensions Currently Paid, and How Will They Change? A pension payer is an insurer, or employer, who accepts compensation from the VA for the payment of pensions, or annuities, to veterans. The type of pension depends largely on the veteran's age at the time of the veteran's death (age 40-65, or 65+).
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