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.

My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best. I am very grateful with their assistance in filling my claim with the VA and winning They have done an outstanding job. They are professional ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
Jason provided provided outstanding counsel and support. His communication was exemplary, with prompt and informative responses to all my inquiries. The entire team was professional, knowledgeable, and genuinely caring, transforming a potentially stressful experience into a positive one. I cannot recommend their services highly enough. Thanks Jason!Cody
I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
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Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
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