FOR IMMEDIATE RELEASE
May 21, 2009
Contact: Katie Laning Niebaum, Leah Vest
(202) 224-4843

Lincoln Introduces Veterans Survivor Fairness Act

Washington – U.S. Senator Blanche Lincoln (D-Ark.) today introduced legislation to enhance benefits for survivors of severely disabled veterans and to increase access to these benefits for more families.  Lincoln’s Veterans Survivor Fairness Act is part of her series of bills unveiled this week to honor our military service members, veterans, and their families in advance of Memorial Day.

“Current inequities exist in the Veteran Administration’s Dependency and Indemnity Compensation program for survivors of severely disabled veterans,” Lincoln said.  “Our military service members, veterans, and their families have given much on our behalf, and as a grateful nation we should do our part to ensure their benefits are reflective of their commitment to our country.”

Lincoln’s Veterans Survivor Fairness Act would address inequities in the VA’s Dependency and Indemnity Compensation (DIC) program by: 1.) Increasing the basic DIC rate so it is equivalent to the rate paid to survivors of federal civilian employees, 2.) Providing a graduated scale of benefits so many survivors are no longer denied benefits because of an arbitrary eligibility restriction, and 3.) Allowing surviving spouses who remarry after age 55 to retain DIC benefits.

DIC is a payment to the surviving dependents of a deceased military member—partially in order to replace family income lost due to the member’s death, and partially to serve as reparation for the death.  Arkansas is home to 5,815 DIC beneficiaries. 

Lincoln’s Veterans Survivor Fairness Act would increase the DIC rate so it is equivalent to the rate for survivors of federal civilian employees.  This increase would provide approximately $300 more per month for survivors of severely disabled veterans.  

The bill also would provide a graduated scale of benefits and addresses an arbitrary eligibility restriction to ensure more survivors have access to the benefit.  Currently, if a veteran's death was not caused by their service-connected condition, survivors can also be paid DIC if their veteran spouse was rated totally disabled for a period of 10 years prior to death. Many veterans in this disability category, because of age and general ill health, often die of causes not directly attributable to their service-connected condition before their total disability rating has been in effect for 10 years. Survivors are denied any portion of DIC benefits if the arbitrary 10-year threshold is not met, often leaving the family in dire economic circumstances.

This bill provides a graduated scale of benefits, starting at the five-year threshold, to ensure that more survivors have access to this benefit. Thus, if a veteran is rated as totally disabled for five years and dies as a result of a non service-connected cause, a survivor would be entitled to 50 percent of total DIC benefits. This scale continues until the 10-year threshold and the maximum amount of DIC benefits is awarded.  

Finally, the Veterans Survivor Fairness Act would allow surviving spouses who remarry after age 55 to retain DIC benefits, as consistent with other Federal survivor programs.  Current law allows surviving spouses who remarried after the age of 57 to retain their DIC benefits. 

Lincoln’s legislation is endorsed by the Disabled American Veterans (DAV), the Association of the United States Navy (AUSN), the Military Officers Association of America (MOAA), the National Guard Association of the United States (NGAUS), the National Military Family Association, and the Reserve Officer’s Association (ROA).

“This legislation will address a long-standing inequity that has adversely impacted many surviving spouses of those who have sacrificed so much for our nation,” said Disabled American Veterans National Commander Raymond E. Dempsey. “It will doubtless improve the financial status of many who have been unfairly penalized by unfair, arbitrary policies and restrictions.”

Kathleen B. Moakler, Government Relations Director, The National Military Family Association said, “The National Military Family Association appreciates Senator Lincoln’s concerns for the survivors of disabled veterans.  We support an increase to the DIC and the enhanced eligibility for DIC payments for other survivors.  We have long supported the provision to allow survivors who marry after age 55 to maintain their eligibility for DIC.  Thank you for recognizing the sacrifices that the families of our disabled service members have made through the years and continue to make today.”

Colonel Ladd Pattillo, ROA National President, said “One of the Reserve Officers Association priorities is supporting the families of wounded Veterans, some of whom are Reserve Component members. A spouse who has taken care of a totally disabled veteran should receive Dependency and Indemnity Compensation at rates comparable to other federal agencies, but the law must be changed to remove arbitrary thresholds. Given the heavy reliance on the Reserve in today's conflicts, there are greater numbers of spouses in this situation now and will be more in the future. This is an important issue.”

As part of her series of bills in advance of Memorial Day, Lincoln has introduced legislation to ensure education benefits for National Guard and Reserve members keep pace with the national average cost of tuition and a bill to ensure medical readiness for Guard and Reserve members.

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