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.
Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
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
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 Jordan
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.