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My husband was in the USACorps in War11 He died 15 years ago.

Customer Question
My husband was in the...
My husband was in the USACorps in War11
He died 15 years ago. Was I or am I eligible for military surviver's benifits. Also any P.E.R.S. benifits that he contributed to.
Submitted: 2 years ago.Category: Military Law
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Answered in 6 minutes by:
7/1/2015
Military Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,417
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Hello,Thank you for the information and your question. In order to assist you I will need a bit more information. Can you tell me if your husband was retired military or if he received VA disability compensation? If not, were you married before or after 1957 and how long were you married? Also, I am not sure what you mean by PERS benefits, was he a civilian employee of the Federal Government after he left the military? If not, please explain your reference to PERS.
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Customer reply replied 2 years ago
No, he was not retired. He was discharged with an honorable discharge. We were married after 1957. We were married for 20 years. Please disregard the pers question. That is another question. After discharge he went to work in civil***** *****fe.
Military Lawyer: Marsha411JD, Lawyer replied 2 years ago
Thank you for your reply, it was helpful and I assume that he was not collecting VA disability payments when he passed. If that is not the case, please feel free to let me know, since the answer might change. In any event, if your husband was not receiving VA disability benefits, then since he did not die on active-duty, you would not be eligible for the main type of VA survivors' benefits, which is DIC. However, you may be eligible for a Survivor's Pension if you qualify monetarily. It is a payment that is based on the Veteran's service and need of the surviving spouse. The threshold for qualifying is difficult, but worth looking into. You can find more information about that benefit at: http://www.benefits.va.gov/pension/spousepen.aspIf you want to see a complete list of all possible benefits for survivors depending on qualifications, you can see that at: http://www.va.gov/opa/persona/dependent_survivor.asp Please feel free to ask for clarification after you have read the information at the links I provided. I would be glad to assist you further if I can.
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Military Lawyer: Marsha411JD, Lawyer replied 2 years ago
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 1st. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
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