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.
Mr Perkins has helped me on two workers comp cases. Twenty years apart. Jason and his staff have taken care of everything I needed. They are very professional and I would highly recommend them.Chris Chapman
I highly recommend Perkins Studdard law office to any one looking for a Worker's Compensation attorney. The knowledge and professionalism that the entire staff gives to you is amazing. Jason is down to earth and makes your experience feel so much better, he takes alot of the worry off of your shoulders. Definitely would hire this firm again if needed!!Lori Clark
I had an outstanding experience with Perkins Studdard LLC for my workers’ compensation case. Jason Perkins and his team were incredibly knowledgeable, responsive, and compassionate throughout the entire process. They took the time to explain every step, answered all my questions promptly, and ensured I understood my rights. Their dedication led to a successful outcome, and I felt supported the entire way through. I highly recommend Perkins Studdard LLC to anyone in need of a skilled and caring workers’ compensation attorney.Breezie I B
Travis Studdard is an outstanding attorney. I had given up on my VA claim over ten years go. Travis revived my claim and was able to get me secondary service connection for sleep apnea (secondary to residuals of septoplasty). I am thrilled at the results. Travis was able to expertly navigate the VA system to reach a positive result. I very, very highly recommend Perkins Studdard.Ilya Poluektov
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
Went with Perkins Studdard for assistance with my VA claim and received the result I was looking for! The team is extremely professional and provides great communication. I highly recommend!Desirae
I highly recommend going to Perkins studdard for VA claims! We have been fighting with the VA on service connected disabilities for 5 years and they helped us get our claims processed. Thank you guys!!!Chelsea
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.
