Dependency and Indemnity Compensation (DIC) Benefits

Dependency and indemnity compensation (DIC) benefits are benefits which are paid to certain survivors of a veteran.  These survivor benefits are paid in two primary situations:

  1. When a veteran who has a 100% rating for at least ten years prior to death dies for any reason
  2. When a veteran dies because of a service-connected disability

100% (total) Disability for Ten Years Prior to Death

Regardless of the reason the veteran died, eligible survivors of veterans  will qualify for DIC if the veteran had a 100% disability (either because of TDIU or otherwise) for ten years prior to the veteran’s death.  This is sometimes easily established if the veteran was already receiving benefits.  However, it can also be established after the veteran’s death if the veteran had a pending claim with an early enough effective date.  If you want to do this with a pending claim, then the eligible survivor will probably want to substitute for the veteran in the pending claim.

In some situations, the ten years prior to death can be shortened to five years or one year.  These shorter time frames apply to veterans who had the 100% disability since their release from active duty service and to former prisoners of war respectively.  In other words, the time frame that must be established is shorter for a former prisoner of war and for a veteran who has immediate 100% disability upon leaving active duty.

Establishing That a Veteran Died Because of a Service-Connected Disability

If the veteran died because of a service-connected disability, then eligible survivors can receive DIC benefits.  If the veteran had already established service-connection for the disability, then this can often be straightforward.  For example, the spouse of a veteran who died as a result of service-connected cancer should be eligible to receive DIC benefits.

Sometimes, the cause of death may not be as clear.  It may be necessary to get the correct cause of death listed on a death certificate.  In some situations, it may be necessary to get an autopsy to determine the cause of death.

Even if the veteran’s disability was not “service connected” prior to the veteran’s death, a surviving spouse can still file for and receive DIC benefits.  In some situations, the veteran may die from a potentially service-connected condition while the claim for service connection is still pending.  If this happens, the eligible survivor will want to consider substituting for the veteran in the pending claim.  In other situations, a claim for service-connection may not have even been filed yet.  The survivor eligible for DIC benefits can still prove the service-connection of the veteran’s cause of death in the DIC claim.

Sometimes, the survivor applying for DIC benefits can take advantage of certain presumptions that have been put in place by VA.  Unfortunately, many Vietnam veterans develop heart problems, cancer, diabetes, or other problems that were caused by their exposure to Agent Orange in Vietnam.  If a veteran dies from one of these conditions and it was caused by his exposure to Agent Orange in Vietnam, then his surviving spouse should receive DIC benefits.  With the VA’s Agent Orange rules, a surviving spouse will often benefit from the presumption that the veteran was exposed to Agent Orange and that the medical condition was caused by the exposure to Agent Orange.

Mother and daughter cooking breakfast 1 Which survivors are eligible for DIC benefits?

Generally speaking, a surviving spouse who was married to the veteran at least a year before the veteran’s death can apply for dependency and indemnity compensation benefits.  In limited situations, a spouse may be eligible even if the marriage was for less than a year.  Sometimes, even a former spouse can be eligible.

Children are eligible for DIC benefits if they are under 18 years of age.  This eligibility can extend to age 23 if they stay in school.  Disabled adult children are also eligible.  Parents of the veteran may be eligible as well.

Dependency and Indemnity Compensation Benefit Amounts

The amount of DIC benefits changes year to year.  It also varies depending upon how many dependents are eligible for benefits.  In the case of a surviving spouse, there are a number of factors that can affect the amount of the benefits including:

  • The number of children
  • Whether the spouse requires aid and attendance
  • Whether the spouse is housebound

The dependency and indemnity compensation amounts as of December 1, 2014, can be found here.  If you were married for eight years prior to death and your spouse received or was eligible to receive service-connected total disability benefits for eight years prior to death, you may be eligible for “enhanced DIC”.

How do you apply for DIC benefits?

In 2015, VA changed its rules to require the use of standard forms to apply for benefits.  Anyone eligible for DIC benefits should complete VA Form 21-534EZ to apply for DIC benefits.

Questions about DIC benefits?

Eligibility for DIC benefits can be confusing.  Many people with questions find it helpful to talk to an attorney accredited to handle VA claims.  Just click here to learn about how to set up a free consultation.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
Perkins Studdard LLC is the place you need to be if you have a Workers Comp case going on! Mr. Jason Perkins and his staff get the results that you need. They work with you and fight for you.Coming from another lawyer my husband and I were really surprised and appreciated the communication and honesty and understanding throughout the entire process. My husband loves the videos because they held so much information and helped him understand what what was going on. Thank you so much for representing us!!!Deborah Tompkins
I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn
Helped me when I needed after getting hurt at work. Thank you for everything!The Knight Family
I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
I'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams

Related Posts

Contrast:

Font Size: