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.
I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
I would recommend them to everyone I know!!Jesse
I had a wonderful experience with them.
And they selected my case .
I would definitely recommend them.Martha Brooks
What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
Marlis Espinosa
If you are looking for someone to help you through the VA benefits appeal process, stop the search and give Perkins Studdard LLC a call. They are EXCELLENT! I had been denied VA benefits and needed to file an appeal, but the process is so complicated I didn’t feel confident trying to do it myself. I found Perkins Studdard LLC while searching online, gave them a call and have not been disappointed. It has been great working with Travis, Jessica, and the rest of the team. They are always proactive in all the steps, quickly answer all my questions, and provide updates along the way. They are always highly professional, yet down to earth and easy to talk to. I cannot say enough good things about them. There is no way I would have received the benefit I was awarded without their help.William Slaughter
Jason, can’t thank you enough for continued support during my workers comp case and follow-up even after winning my case. So thankful to your wonderful staff including Alison and Lisa for amazing communication and keeping me up to speed on the case. Jason Perkins at Perkins Studard LLC is absolutely the kind of lawyers needed when fighting for your medical support through Workerscomp.Rich Kid Uzi
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.