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Congress and the Department of Defense are fighting to keep earned benefits away from widows who already
face a 70% to 80% loss of income the moment the veteran dies.
Some in government are fond of saying that they believe
the United States is living up to Abraham Lincoln’s pledge to care for “him who has borne the battle, and his
widow and his orphan.” Based on the action taken by the Department of Defense and the inaction by Congress the
answer is an emphatic no when it comes to the care of widows and orphans.
A widow is eligible to receive slightly
more than half of the veterans military retirement pay (SBP) when he dies, and Dependent Indemnity Compensation (DIC) if death
is due to a service-connected illness, disability or VA care. But the widow is not permitted to receive both SBP and
DIC - under the law, according to the Department of Defense.
In "Sharp v. The United States," the U.S.
Court of Federal Claims found that the DoD's dollar-for-dollar deduction of DIC payments from SBP benefits was based on a
faulty interpretation of federal law by the Department of Defense and has ordered DoD to refund Survivor Benefit Plan (SBP)
annuities that were withheld from three widowed spouses who also received veterans' Dependency and Indemnity Compensation
(DIC) from the Department of Veterans Affairs. The Department of Defense has appealed the court's decision. But
no matter how the next higher court rules the case most likely will be headed to the Supreme Court.
So how many
widows are eligible for both Survivor Benefit Plan (SBP) annuities and Indemnity Compensation (DIC)?
During
the six year period 2003 to 2008, approximately 4,788 military personnel died while serving in Iraq and Afghanistan.
Of that number approximately 196 or 4% had completed 20 years of service and were eligible for retired pay when they
died, and it is their widows who are eligible to receive both SBP and DIC. In addition, its estimated that 10% of the
approximately 103,000 severely disabled veterans that died during the same period were military retirees drawing retired pay,
and it is their widows who are eligible to receive both SBP and DIC, too.
Military retirement pay and disability
compensation is the only income for many families. So when a disabled military retiree dies so does 73% to 82% of the
family income. Compounding this loss is the fact that many veterans have little to no life insurance, because their
service-connected disability makes them uninsurable. Congress and the Department of Defense could lessen the loss by
permitting the widows to keep both Survivor Benefit Plan (SBP) annuities and Dependency and Indemnity Compensation (DIC).
In 2008, congress passed legislation to provide an extra $50.00 a month to widows that were effected by the SBP-DIC
dollar for dollar offset. This amount will increase by $10.00 each year until 2014 when the benefit dies. Congress
is attempting to increase that amount to $95.00 a month. How generous.
At a time when Congress and the Department
of Defense rely on the spouse to maintain the home front when the veteran is away at war, and to stand by him when he chooses
to stay in service, and to care for him when he comes home damaged by war, then why does she become expendable the moment
the veteran dies. Has she not served her country too and is she not deserving of our support and entitled to just compensation?
By denying widows the right to keep both SBP and DIC, then what message is the Department of Defense and Congress
sending to the wives of our warriors, and what would be the cost to the country if the wives begin to think that retention
comes at too high of a price.
What would be the cost to replace highly trained and seasoned veterans who may choose
not to stay in the military. Department of Defense policy is based on laws passed by Congress. How do our elected
officials feel about removing the SBP-DIC dollar for dollar offset? They need to be asked. And if they say "We're
in favor of improved benefits for widows, but...," then it may be time to vote there butts out of office.
Note.
In mid-2009, the senate passed by a voice vote S-1390 to repeal the SBP-DIC dollar for dollar offset.
On October 26, 2009, the Federal Circuit Court of Appeals upheld the lower court's decision to repeal the SBP-DIC dollar for
dollar offset for certain widows of deceased military retirees. Congress, however, chose to keep the SBP-DIC offset
in place and to deny benefits to 56,000 widows because of cost, $6 billion to $8 billion over ten years. In the meantime,
six years after declaring victory in Iraq, the price tag for eight years of war is rapidly approaching $1 trillion.
Question. If Congress cannot keep promises to 56,000 widows, then how can we expect them to put together
a healthcare plan to benefit 40 million people who remain uninsured?
VeteransFirst.com Seek answers,
ask questions, verify, stay informed.
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