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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13313
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am a veteran 100% disabled and drawing a payment each

Customer Question

I am a veteran 100% disabled and drawing a payment each month. My question is if I suddenly deceased, what is the percent of my current monthly payment (50%, 75%, 90%, etc) would my wife receive? I understand about the Social Security payment calculation?
Submitted: 1 year ago.
Category: Tax
Expert:  PDtax replied 1 year ago.

Hi from just answer. I'm PDtax, and can assist.

I need some additional background first. I assume you are receiving regular social security, and that is the benefit to evaluate.

What is your age? Hers?

How long have you been married?

Does she claim a benefit now?

Customer: replied 1 year ago.
I am 69 years old. She is 67 years old. I receive my SS and I know she can take my SS when I die because my SS is more than hers. (she will not get all of my SS....but it will be more than her SS) NO the benefit I need you to answer is how much of my Veteran's Disability check will she receive? Currently she does not get any of my military disability check, but will she receive 50, 75, or even 100% of my check? I think this is a military question not a CPA tax question really.37 years.She has her own Social Security that she is currently receiving. This is not part of my retirement SS or disability check.
Expert:  PDtax replied 1 year ago.
Ok. I will opt out. Other experts can review and advise.
Expert:  Robin D. replied 1 year ago.

Hello,
What you are asking about is the Dependency and Indemnity Compensation (DIC). It is a tax free monetary benefit paid to eligible survivors of military Service members who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

She would need to complete VA Form 21-534, "Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child and mail to the regional office.

Although the 100% disability is required for a spouse to collect, the amount is set by congress.

Basic Monthly Rate = $1215 (38 U.S.C. 1311(a)(1))

Additional Allowances:

  1. Add $258 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))
  2. Add the following allowance for each dependent child under age 18: *
    • Effective 12/1/12 $301 per child (38 U.S.C. 1311(b))
  3. If the surviving spouse is entitled to A&A, add $301. (38 U.S.C. 1311(c))
  4. If the surviving spouse is entitled to Housebound, add $141 (38 U.S.C. 1311(d))

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