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Disabled American Veterans Department of New York, 200 Atlantic Avenue, Lynbrook, New York 11563
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NEWSLETTER
A Publication for Members of the Disabled American Veterans Dept. of NY
July 2004

DEPENDENCY & INDEMNITY COMPENSATION (DIC) RETENTION AFTER REMARRIAGE

Public Law 108-183, the Veteran's Benefit Act of 2003 was signed into law on 16 December, 2003. The law allows survivors of veterans/retirees whose deaths were service connected to retain dependency and indemnity (DIC) payments if they remarry after age 57. Also, the law allows those survivors who had already remarried and were age 57 or older at the time of remarriage to apply for reinstatement of DIC.

Previously, surviving spouses lost this entitlement if they remarried at any age and the only provision to regain the benefit was if the latter marriage ended in death or divorce.

For calendar year 2004, the basic rate is $967 and payable without regard to any other income the survivors may be receiving; furthermore, DIC is exempt from federal income taxation.

To apply for the reinstatement of DIC, qualified survivors should apply using "DECLARATION OF STATUS OF DEPENDENTS," VA Form 21-686c. The form can be downloaded from the NAUS Home page or at the VBA web site.

Another source for those who do not have Internet access is to call a VA representative at (800) 827-1000and ask for VA Form 21-686c.

The deadline for applying is December 2004. Since VA has no way of determining where eligible persons reside currently, it will not be sending out notification letters. Therefore, to ensure eligible survivors know about this important change and receive the full entitlement of benefits, readers are urged to make this information known within their churches, local senior citizen centers and nursing homes.

{Source: NAUS Update 21 May 04}

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