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:
When a veteran who has a 100% rating for at least ten years prior to death dies for any reason
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.
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:
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.
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.
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
Jason is the best Worker’s compensation attorney in Carrollton! And his law partner, Travis, is the best veteran’s disability attorney in Carrollton too! Together, the team of Perkins Studdard fights for their clients like family!Alex Weatherby
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Trumbauer
I have enjoyed my experience with Perkins Studdard. The team is always available to answer questions and make me feel comfortable, and like I matter. Did a great job with my VA Disability.Matt Strange
I had a great experience with Perkins Studdard Law Firm. The team was professional, responsive, and cared about my case. They explained everything clearly and kept me informed throughout the process. Excellent service and great results — I highly recommend them to anyone looking for reliable legal representation.Victor Martinez
This law firm did a great job and listened to all my concerns and had compassion for my case. They directed me through this process with graceTara Dean
The care, knowledge and professionalism shown by Jason and Tina of Perkins Studdard were beyond reproach. I was informed and updated through every phase of the process and the overall outcome was to my advantage. I highly recommend that if you ever have the need for a workman's comp or VA compensation attorney, Perkins Studdard are the ones that you need to call hands down. True concerned knowledgeable professionals.S Oz
Extremely happy, after many years of uncertainty.
Very thankful for all their support helping me get what I deserve! From the VADibujando con FJ
I cant thank the office of Perkins Studdard enough for helping me get through what I thought would be a stressful situation. Let me just say if you have any questions or doubt about what to do or if you need an attorney please give Perkins Studdard a phone call. They were able to set my mind at ease from the beginning and took a weight off my shoulders when I knew what my options were. They've assisted me every step of the way and have touched base with me through the entire process. I really can't think them enough for helping me get through a major bump in the road and I'm truly thankful for the work Mr. Perkins and everyone at Perkins Studdard put in for me. I'm urging you to give them a call if you find yourself in a similar situation. It's great to know you're in the hands of people that truly care about what's best for you and lay out and explain all of your different options with careful detail.Matt Chastain
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.