Research - Rehabilitation - Re-Employment

Sgt. Shaft 12/25/2000

Dear Sgt. Shaft:
I'm 42 years old and have been a widow for almost two years. When my husband dies, he was 100% service connected and had been for about 25 years. I draw DIC (Dependency Indemnity Compensation) widow's benefits. I understand that when I remarry, I will lose my benefits. What I need to know is if the marriage doesn't last, can I get back my benefits? I was married to the veteran for 19 and 1/2 years. I would appreciate your help concerning this matter. Please respond ASAP.

Karen S.
Internet user

Dear Karen:
The simple answer is yes. However, the following is a q & a fact sheet from the Department of Veterans Affairs that may more fully answer your question.

Question: Following the death of my husband, who died in Vietnam, I remarried and by Dependency Indemnity Compensation payments were terminated. I am now divorced from my second husband. Can I have my benefits restored?

Answer: Yes, one of the provisions of the Veterans Benefits Act of 1998 provides for restored entitlement following the termination of a subsequent marriage.

Question: In understand that Now that I am divorced from my second husband, I can have my DIC benefits restored. My divorce was final in January 1995. Am I entitled to benefits retroactive to that date?

Answer: No, the law stipulates that no benefits may be paid under this new provision for any month before October 1998.

Question: Will my benefits be restored automatically?

Answer: No, you must reapply and advise the Department of Veterans Affairs of the termination of the remarriage.

Question: How much will I receive per month under this new amendment to the law?

Answer: Rate payable will conform to the payment provisions associated with the veteran's date of death, i.e., "veteran died prior to 1/1/93" or "veteran died on or after 1/1/93." If the veteran died after 1/1/93, you will be paid the current basic rate of $911 per month (increase effective 12/1/2000). If the veteran died prior to 1/1/93 and you were receiving a higher rate than the basic flat rate, your benefits will be restored at the higher rate.

Shaft Shot
The Sarge joins the American Legion, The Retired Officers Association (TROA) and The Military Coalition (representing 32 veterans organizations with about a 5.5 million membership), in their outrage that a significant number of military personnel are being denied their right to vote in the recent election because absentee ballots were not received in time or because their ballots were discarded for reasons such as absence of a postmark. These administrative details are beyond the control of a service member, particularly in combat zones. Counting of ballots from military personnel abroad is not a political matter but is a matter of individual rights and justice.

As Lt. General Nelson (USAF) (Ret.) President of TROA wrote to the Secretary of the Department of Defense, "TROA believes the Department should either pursue legislation to ensure fair consideration of military ballots or implement whatever procedures are necessary to ensure military ballots comply with all postmark-related requirements. In addition, the entitlement to postage-free mailing for members assigned to combat zones must be implemented in a way that does not take away such members' constitutional right to vote."

Shaft Kudos
Congratulations to good friend Jim Fischl for being promoted to the position of Director of the Veterans Affairs and Rehabilitation division of The American Legion national office. Jim, an Air Force veteran, previously was an official with the Department of Veterans Affairs and has extensive experience in adjudication of claims and veterans benefits assistance. American Legion National Commander Ray Smith said Jim's promotion was part of the Legion's efforts to stay ahead of changes that are taking place in the provision of benefits and services by the federal Department of Veterans Affairs.

Congratulations to Rep. Cliff Stearns (R-FL) on receiving the Congressional Laurel from the Armed Forces Journal. Congressman Stearns received this well-deserved kudos for spearheading legislation aimed at improving health care services for our nation's veterans. Through his leadership, the legislation (H.R. 5109) was endorsed unanimously by the House, then passed by the Senate and signed into law by the president. The lawmakers praised the legislation, saying it contained "provisions that are innovative, useful and workable -- a winning combination for the veterans we serve and for the Department of Veterans Affairs that we are charged to oversee." Also endorsed by organizations representing both caregivers and patients, the legislation will enhance recruitment and retention of the health care professionals, fund major medical facility construction project, and provide for treating qualified veterans in private hospitals when there are no VA facilities within a reasonable distance of veterans' homes. The legislation will breathe new life into an organization sorely in need of life-support assistance. One key provision of this legislation guarantees annual national pay raises for the more than 30,000 VA nurses. It will take sole discretion on nurse pay away from facility directors and provide for greater nurse participation in decision making at VA facilities. The legislation also will revise and increase the rates of special pay for VA dentists and include pharmacists among those whose occupations are exempt from a statutory cap on special salary rates. Rep. Stearns' legislation also will authorize $101 million for medical facility construction projects in Palo Alto and Long Beach, California, and Miami, Florida. Said Rep. Stearns, "Southern and western states continue to see rising VA patient workloads and we must provide them with modern, accessible, and safe facilities."

Heartfelt holiday wishes to Shaft readers, fellow veterans, and those now serving in our nation's armed forces. May you and your families enjoy the rich fruits of our great country in the year 2001.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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