Can I Qualify for VA Survivor DIC Benefits?

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.

Grandmother and granddaughter reading book together 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:

  1. 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).
  2. 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)

In either of these situation, you can still potentially qualify for VA DIC widows benefits.  Substitution allows you to go after the benefits your veteran was due before death.  Filing for VA DIC widows benefits allows you to get the survivors benefits that should be paid to you if your veteran died from a service-connected disability or was service-connected at 100% for ten years prior to death.

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?

Doctor explaining medication prescription to senior couple

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.

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
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life! Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process. This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too. Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along. Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.” Respectfully, Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience! James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me. I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot

Related Posts

Contrast:

Font Size: