DIC & Other Death Benefits Lawyer

What is Dependency & Indemnity Compensation (DIC) and How Does It Work?

DIC Is a Monthly Payment for Qualifying Survivors of Veterans Who:

  1. Died during service; OR
  2. Died in whole or in major part as a result of a medical condition that is connected to the veteran's military service; OR
  3. Had service-connected injuries or illnesses and were totally disabled for ten years prior to death, five years between discharge and death, or, in limited cases, one year prior to death.

A survivor may be able to demonstrate entitlement to DIC even if the principal or contributory cause of death was not a condition that was service-connected by the VA at the time of death. In fact, a survivor can be entitled to DIC even if no application for VA benefits had ever been filed during the veteran's lifetime. In this situation, the survivor can prove entitlement to DIC by:

  1. Establishing that the veteran had a disease, injury, or disability that was connected to service. It does not matter if the VA denied the veteran disability benefits for the condition during the veteran's lifetime. The surviving family member is entitled to a new opportunity to show that the condition was service-connected.
  2. Showing that this service-connected condition was a principal or contributory cause of death. A service-connected disability will be considered the principal cause of death when the disability by itself, or jointly with some other condition, was the immediate or underlying cause of death or was related to it. A service-connected disability that contributed substantially or materially to the cause of death may be grounds for a determination that the veteran's death was related to service.

DIC should not be confused with a death pension, which is a needs-based benefit for survivors of wartime veterans. The VA rules provide additional ways in which DIC can be established. If you need assistance in appealing your DIC claim, please contact The Vet Law Office.

Who Is Eligible to Apply for DIC?

A surviving spouse is first in line to receive DIC benefits. To qualify as a surviving spouse, you must have had a valid marriage at the time of the veteran's death. Additionally, the spouse may have to show that they:

  1. Were married to the veteran for one year;
  2. Continuously cohabitated with the veteran during the marriage; and
  3. Are not currently remarried.

Certain exceptions apply to the above. Contact us to discuss if you qualify for DIC.

If there is no eligible surviving spouse, a qualifying surviving child of the deceased veteran may apply for DIC payments. To qualify as a surviving child, the child must be the biological child, adopted child, or stepchild of the deceased veteran. The child also must be unmarried and either under the age of 18 or between the ages of 18 and 23 if pursuing a course of education, or permanently incapable of self-support before reaching the age of 18.

Certain surviving parents are eligible for DIC in limited circumstances.

I Don't Qualify for DIC; Is There Another VA Benefit That I May Be Eligible to Receive?

A surviving spouse or child of a veteran whose death is not service-connected may still be eligible for a monthly VA benefit known as a survivor's pension. To be eligible, the veteran have met certain criteria based on their military service:

  • For service prior to September 7, 1980, the Veteran must have had at least 90 days of active military service, with at least one day during a period of war.
  • All veterans who entered active duty after September 7, 1980 must have completed 24 months of active duty or served for the full period for which they were ordered to active duty, with at least one day of service during a period of war.
  • The Veteran must have been discharged from service under conditions other than dishonorable.

The death pension is based on the survivor's financial need. You must earn under a certain amount to qualify for the survivor's pension. The award given to a survivor is reduced by the amount of the survivor's countable income. The general rule is that all income is included unless specifically excluded. Exclusions include:

  • Welfare payments
  • Certain unreimbursed medical expenses
  • Child's income

Surviving spouses who have particularly severe disabilities may receive an additional allowance if they meet the requirements for entitlement to the aid and attendance benefit or the housebound benefit. Lastly, the survivor's net worth must be under $138,489, not including the market value of the survivor's home.

How Is the Amount of a DIC Payment Calculated?

Generally, DIC payments are made in monthly installments. As noted above, the calculation of dependency and indemnity compensation (DIC) is a process that takes into account a number of factors.

For a surviving spouse who is qualified for DIC, the baseline monthly benefit is $1,437.66. With each additional dependent child, as well as a housebound or aid-and-attendance-required survivor, the rate rises proportionately. An additional payment of $306 is added to the DIC of the surviving spouse when there are children under the age of 18 who are eligible for VA benefits. The sum is calculated for the entire family, not for each child.

The Veteran Died Before the Appeal Was Finalized. Can a Spouse Continue the Appeal in Their Place?

A process called substitution allows an eligible surviving spouse or child to be substituted as the veteran for the purposes of processing the claim to completion. The Veteran must have appealed before his death and substitution must be requested within one year of the veteran's death. If successful, a substituted claimant is entitled to the entire amount of benefits that would have been paid had death not occurred.

Contact Our U.S. DIC Benefits Attorney

If you are eligible for DIC payments, a lawyer can help you file the necessary paperwork to receive these benefits. They can also help you appeal a decision if your claim is denied. A lawyer can also represent you in court if you need to file a lawsuit to obtain DIC payments.

The Vet Law Office may be able to help you get the benefits that you deserve. This is because we have the knowledge and experience to help you file the correct paperwork and navigate through the complex bureaucracy of the government. We can also represent you in any appeals or negotiations that may be necessary. Call us today at 1-800-700-4174 or contact us online to set up a consultation and get started.

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