WELCOME

1. WELCOME WEEK SIX

2. 38 CFR 3.5 Dependency & Indemnity Compensation - DIC Monthly payment because of a service-connected death

3. 38 CFR 3.312 Service-connected death: Cause of Death Direct Contributory Presumptive

4. Direct cause of death: • Military service member who died while on: • active duty • active duty for training • inactive duty training

5. Veteran whose death resulted from a service-related injury or disease as the principle cause of death – immediate or underlying cause

6. Contributory cause of death: • contributed substantially or materially • that it combined to cause death • that it aided or lent assistance to the production of death

7. Presumptive cause of death: Veteran who died of a disability which is a presumptive condition EVEN if the veteran never filed a claim for that disability during his lifetime

8. 38 CFR 3.302    Service connection for cause of death sue to suicide in cases when service connection has been granted for mental disability is presumed due mental unsoundness

9. 38CFR 3.22 DIC may be awarded if the cause of death is not service connected when: 1. Veteran rated totally disabled continuously for 10 years preceding death 2. Veteran rated totally disabled continuously since the veteran’s release from active duty and for at least 5 years preceding death 3. Veteran was a former POW rated totally disabled continuously for not less than one year preceding death

10. 38CFR 3.50  - surviving spouse means a person of the opposite sex whose marriage to the veteran meets the requirements of §3.1(j). VA Form 21-534 a. Legally married under the law of the state of residence, and b. Married for at least one year, or c. If legally married for less than one year with a child born of the relationship

11. Dependency & Indemnity Compensation - DIC Spouse Rates 3.10 Spouse $1,195 Each Child $ 296 If Housebound $ 139 Need Aid & Attendance $ 296 If Veteran was rated totally disabled for 8 years preceding death $ 254

12. 38 CFR 3.250   VA Form 21-535 Dependency of parents 38CFR 3.251    Income of parents

13. 38CFR  3.1600    Payment of burial expenses of deceased veterans payable to person who paid the funeral bill: VA Form 21-530 a. Non service connected death b. Service connected death

14. Other death benefits: Transportation – VA Form 21-530 Headstone – VA Form 40-1330 Medallion – VA Form 40-1330M Flag – VA Form 27-2008 Presidential Memorial Certificate – VA Form 40-0247 Military Honors – Phone call National Cemetery – Phone call

15. Accrued Benefits: Benefits deemed payable to a deceased beneficiary but not yet paid at time of death

16. The total amount of accrued benefits are first payable to the surviving spouse even if not entitled to other death benefits based on receipt of proper application: VA Form 21-534

17. Accrued benefits are payable to the person who paid the veteran’s funeral bill and expenses of last illness if there is no surviving spouse based on receipt of proper applications: VA Form 21-530 VA Form 21-601

18. QUESTIONS?