Who Is Eligible for VA DIC Benefits?

Posted by Gregory M. Rada | State Veteran Benefits

If you are the surviving spouse, surviving child, or surviving parent (as defined by the VA) of a veteran who died due to a service-connected injury or illness, you may qualify for Dependency and Indemnity Compensation (DIC) benefits.

You may also qualify if the veteran was totally disabled (100% rating or individual unemployability) for the last 10 years of their life, or totally disabled for the last 5 years of their life beginning from when they were discharged from active duty. Finally, survivors are also eligible when a veteran was a former POW and was rated as totally disabled for at least 1 year prior to their death.

What are VA DIC Benefits?

Dependency and Indemnity Compensation (DIC) benefits are a tax-free benefit for the surviving family members of a deceased veteran. DIC benefits are paid monthly to eligible survivors of:

• Veterans who died as a result of a service-connected illness or injury; or
• Veterans whose death was not due to service-related disease or injury, but who had been rated by the VA as totally disabled:
  • For at least 10 years before death,
  • Since their release from active duty, and for at least 5 years before death, or
  • For at least 1 year before death, if they were a former prisoner of war.

Who Is Eligible for VA DIC Benefits?

The surviving spouse, surviving child, or surviving parent of a veteran may be eligible for VA DIC benefits.

Definition of a Surviving Spouse

VA defines a surviving spouse as the person who is the spouse of the veteran at the time of their passing. In addition, the surviving spouse may have to meet the following additional requirements:

• One year of marriage to the veteran;
• Continuous cohabitation with the veteran during the marriage or deemed valid marriage; and
• No remarriage after the veteran’s death (except in limited circumstances).

The VA recognizes common law marriages as long as the veteran and spouse met the requirements for their place of residence.

Definition of a Surviving Child

VA defines a surviving child as an unmarried biological child, adopted child, or stepchild of a veteran. In general, the child must be under the age of 18, but can be between the age of 18 and 23 if they are pursuing a course of education. A surviving child can also be over the age of 18 if they were determined to be permanently incapable of self-support (helpless child) before reaching the age of 18.

Grandchildren do not qualify as a surviving child unless the veteran legally adopted the grandchild.

Definition of a Surviving Parent

A parent will meet VA’s definition of a surviving parent in very limited circumstances. VA defines a surviving parent as a person who had (1) a parental relationship to the veteran, and (2) was financially dependent on the veteran.

How to Make a Claim for DIC Benefits

To make a claim for DIC benefits, complete and submit a VA Form 21P-534EZ to the VA. You’ll want to also submit to the VA a copy of the death certificate and any evidence that you have indicating the cause of death should be service connected.

If the veteran had been rated as totally disabled for the 10 years preceding their death, the VA will grant VA benefits without issue. Remember, “totally disabled” not only means veterans who had a 100% rating, but also veterans who had a total disability rating based on individual unemployability (TDIU or IU).

DIC claims can become more difficult when you have to prove that a service-connected condition was the cause of death. An easy fact scenario is where a veteran’s lung cancer is service connected and the veteran passes from the lung cancer. A more difficult scenario would be where a veteran passes from non-service-connected brain cancer, and you need to prove that the brain cancer was caused by chemical exposure from military service.

The more difficult cases usually involve having to hire a medical expert to link the cause of death to military service. A good VA benefits attorney should help you find the right medical expert to win the DIC claim.

How Much Are VA DIC Benefits?

DIC benefit rates vary based on when the veteran passed, and whether you are a surviving spouse or surviving child.

DIC Rates for Surviving Spouse if Veteran Died on or Before January 1, 1993

As of the date of this post, if you are the surviving spouse of a veteran who died on or after January 1, 1993, your basic DIC monthly rate is $1,437.66. You may also be eligible for additional allowances depending on certain factors.

Possible additional monthly amounts include:

• $305.28 if at the time of the veteran’s death, the VA had rated them as totally disabled or unemployable due to a service-connected illness. The Veteran must have been rated so for a continuous period of at least eight years, AND you must have been married to them for the same period.
• $356.16 for each dependent child younger than 18, or younger than 23 if attending school, or helpless children older than 18.
• A 2-year $306.00 transitional benefit if you have one or more children younger than 18.
• $356.16 if you have a disability and need help with regular daily activities such as eating, bathing, or dressing.
• $166.85 if you are unable to leave your home due to a disability.

DIC Rates for Surviving Spouse if Veteran Died Before January 1, 1993

If you are the surviving widow of a veteran who passed before January 1, 1993, the VA will determine your monthly DIC benefits depending on the veteran’s pay grade and entitlement to any additional allowances that might apply to you.

DIC Rates for Surviving Children

If you are the surviving child of a veteran, you are eligible for DIC benefits at the following monthly rates:

• $301.74 if you are between 18 and 23 years and attending a qualified school program.
• $607.02 if you are a helpless child older than 18 years.

Reasons Why the VA Might Deny Your DIC Claim

Applying for DIC benefits can be frustrating, especially during a time of intense mourning. The VA tries to decide DIC claims fairly, but they don’t always get it right. Common reasons that DIC claims are denied are:

• Lack of service connection: The VA may deny your DIC claim if you cannot establish a link between the veteran’s cause of death and their service in the military.
• Not meeting the criteria for DIC benefits: The surviving spouse, child, or parent don’t meet VA’s definition of surviving spouse, child, or parent.
• Separation from the veteran: The VA might deny DIC claims for surviving spouse if you can’t prove that you are married. This happens frequently in common law marriage situations.

If your initial DIC benefits claim is denied, you can appeal that decision. However, you will need to submit additional evidence that goes to the reason that VA denied your claim. An experienced VA benefits attorney will:

• Help you determine why the initial claim was denied; and
• Develop additional evidence, such as obtaining private medical nexus opinions, to win the appeal.

How I Can Help

DIC claims can be difficult, especially when a veteran’s cause of death is not clearly related to the military or a service-connected condition. That is why it is important to hire an attorney who can help you develop the medical evidence needed to win your claim. For more information on how I might be able to help you win your DIC benefits claim, schedule a free consultation with me.