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Video instructions and help with filling out and completing Va accrued benefits fact sheet
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 gonna limit this video to are accrued substitution and di see benefits or dependency and indemnity compensation benefits those are commonly known as death benefits so the first category accrued benefits you must file within one year of the veterans death it is a standalone claim and your entitlement to accrued benefits is based on claims pending at the time of the veterans death so you can't start a new claim if you submit an accrued claim you can't open a new issue unfortunately under the accrued benefits tract it is a closed record so you cannot submit additional evidence the amount of your accrued benefits if it's a death on or after December 16 2022 it's 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 2022 you're limited to two years of past due benefits now that's not the most recent two years so the two years right before death it's just any two years there's been some litigation in court that has drawn out that distinction previously the VA was limiting it to the two years right before death but that's inappropriate the second type is substitution substitution claims are very special they are the same qualifications that will get you into an accrued claimant position will qualify you for substitution but there are some big differences so the the biggest of them is that it's not a separate claim the substitute stands in place of the vet I like to think of this as a baton that attract me so whenever you're in a substitution claim you're a substituted claimant you stand in the veterans spikes so an accrued claim stops the race you go back to the starting line and you have to wait for the gun again but a substitution is a simple handoff of the claim it's much faster and a huge advantage of substitution claims is that you can submit new evidence so if there is a missing link between this condition that condition the records silent on some level of disability during a pendency of a claim then you can obtain that expert opinion and submit that in furtherance of your claim the third type and my favorite is dependency and indemnity compensation or di C claims so essentially we're trying to link cause of death to service and the reason that I like this is it provides an ongoing maintenance payment to your widow after you pass away there's a base rate of about $1,300 a month it goes up if you have dependent children if you need Aiden attendance with your activities of daily living or other similar considerations such as.