Unfortunately, VA’s disability benefit system moves too slow for many veterans. Many veterans pass away before they receive the benefits they should.
If you are a widow of a veteran, this can put you in a confusing situation. Can you qualify for VA dependency and indemnity compensation (DIC) benefits if your veteran’s disability was not service connected before death?
In this article, I am going to address that question and discuss many of the situations in which it arises.
Does the veteran have to qualify for VA disability benefits before death in order for me to receive DIC widow’s benefits?
No. Your veteran does not have to have a decision from VA before death granting service connection in order for you to qualify for VA DIC widow’s benefits.
If your veteran has a pending VA disability claim, you may be able to actually go in and substitute yourself in place of the veteran in order to keep the claim ongoing. This can be especially important if your veteran has fought with VA for months or years to try to get VA to grant service connection.
VA has special rules about who can substitute for a veteran and when that person has to file a request for substitution. In addition to getting the benefits your veteran should have received prior to death, substitution may allow you to establish service-connection for a particular condition prior to your veteran’s death. If you establish service connection for the condition which caused your veteran’s death, you are most of the way to establishing entitlement to VA benefits.
Can I qualify for DIC benefits if my veteran applied for VA disability benefits while living but was denied?
Your veteran may have applied for VA benefits and was denied while still alive, you may wonder whether you can apply for and receive VA DIC widows benefits. There are two type of situation where this happens:
Your veteran receives a denial from VA but appeals that denial and the appeal is still pending when your veteran dies (in this situation, you will normally be able to substitute in for your veteran as I have described above).
Your veteran receives a denial from VA and does not appeal (or your veteran appeals but the appeal is denied and becomes final at some point before your veteran dies)
Just because your veteran did not win their claim, that does not prevent you from making an application. You can try to gather the evidence you need to prove service-connection to VA.
Think of it in much the same way as a veteran who applies for VA disability benefits. If that veteran gets denied, he or she can later file to reopen the case with additional evidence and potentially win.
It is not different for survivors of veterans who apply for DIC benefits. You are kind of in the same boat as your veteran. You can make your own application to essentially reopen the case.
If you can see what VA was missing when they previously denied your veteran, you can hopefully see what evidence VA was missing. Then you can go get that evidence and pursue the claim and make it stronger that your veteran was able to while they were still alive.
Just because your veteran was previously denied does not mean you get denied automatically. Do not let VA tell you that.
What if my veteran never filed for VA disability benefits before death?
This is a third situation that confuses many people about VA DIC benefits. Can you qualify for them if your veteran never filed for VA disability benefits before death?
Yes, you can. You are not prevented from now making an application as a survivor. Even though your veteran may not have applied for benefits or received benefits while he was alive for a service connected disability, you can still apply for and potentially receive VA survivors benefits now.
To do so, you can simply file your application for dependency and indemnity compensation and VA should start processing that claim. You may be able to take advantage of certain VA presumptions, especially if your veteran was a Vietnam veteran. As long as you are an eligible beneficiary and can demonstrate service connection for the condition that led to your veteran’s death, you should be able to qualify for VA DIC benefits.
Proving service connection after the death of a veteran
Dealing with VA can be difficult. It can be especially difficult to prove service connection to VA when your veteran has passed away. But, that should not discourage you from applying for benefits if you believe your veteran’s death was connected to their service.
Presumptions, like the Agent Orange presumption for Vietnam veterans, make proving service connection for certain conditions a lot easier. Even if your veteran does not qualify for a presumption. there is often enough evidence to provide VA with the proof they need to grant service connection. You just need to put it together correctly.
Many people want help applying for VA DIC benefits or gathering the evidence needed by VA. A veterans disability attorney can be helpful in doing that.
Before making a decision about whether you need to hire one to help you. I would suggest that you schedule a free consultation. This will help you learn how having an attorney could help.
Setting up a free consultation is easy and only takes a few minutes. Just complete and submit the form on this page to schedule a free VA DIC benefits 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.
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
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I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
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Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
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Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
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After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
