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The Fight for VA Survivors Benefits: VA Takes DIC Benefit from Widow

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Chisholm Chisholm & Kilpatrick LTD

The U.S. Court of Appeals for Veterans Claims case of Lorio v. McDonough explores the Survivor Benefit Plan (SBP) and Dependency and Indemnity Compensation (DIC) within survivors' benefits claims, argued by CCK Law. Overpayments can arise when survivors are entitled to both benefits. In this particular case, VA took Ms. Lorio's retroactive DIC benefits to satisfy her SBP overpayment with the DoD.

Understand the significant legal challenges and implications of withholding DIC to cover SBP overpayments. We discuss the rights to due process and the administration of these benefits, providing insights into broader challenges within the VA system.

About CCK Law: https://ccklaw.com/whyhirecckfor...

Survivors' Benefits Explained: https://ccklaw.com/blog/vasurvivors...

Appealing to the CAVC: https://ccklaw.com/blog/whatisthe...

Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at ccklaw.com or call (888) 5591385.

0:00 Introduction
0:30 About the Survivor's Benefits Plan (SBP) and Dependency and Indemnity Compensation (DIC)
1:15 The Main Issue At Hand: Overpayments of SBP Benefit
1:41 What Did the Board of Veterans' Appeals Decide?
2:03 VA Takes DIC and Gives to DoD: CCK's Argument to the CAVC
3:40 What Did VA Disagree With?
4:28 What is the CAVC Likely to Do Here?

posted by d0ughb0iiip