What Is DIC and Who Can Receive It?
Under 38 U.S.C. § 1311 and § 1318, DIC provides ongoing income for survivors when:
- The Veteran died on active duty, active-duty training, or inactive-duty training; or
- The Veteran died from a service-connected condition; or
- The Veteran was rated totally disabled (P&T or TDIU) for certain periods before death.
Eligible Beneficiaries
- Surviving Spouse: Married the Veteran for at least one year (or had a child together) and did not remarry before age 57.
- Dependent Children: Unmarried and under 18, or between 18–23 while in school or permanently incapacitated before 18.
- Parents: May qualify for Parents’ DIC if financially dependent on the Veteran.
How DIC Rates Are Calculated
DIC rates adjust each year based on the Cost-of-Living Adjustment (COLA) set by the Social Security Administration.
Rates typically increase by 2–3 percent annually and include additional allowances for dependents and special circumstances.
| Benefit Type | Current Base Monthly Rate (Approx.) | Additional Amounts |
|---|---|---|
| Base DIC Rate for Surviving Spouse | ≈ $1,653 | + $387 for each dependent child under 18 |
| Eight-Year Provision | Add $331 | Veteran was P&T for 8 years and married same spouse for those years |
| Aid and Attendance (A&A) | Add $387 | For spouses needing personal assistance |
| Housebound Allowance | Add $183 | For spouses confined to home |
Always verify current rates on the official VA DIC rates page.
Eligibility Examples
You may qualify for DIC if:
- Your spouse died from a service-connected illness such as cancer linked to Agent Orange, Gulf War exposure, or combat injury.
- Your spouse was rated 100 percent disabled (Permanent and Total or TDIU) for at least 10 years before death.
- The death occurred within five years of discharge from active service.
How to Apply for DIC Benefits
- Complete VA Form 21P-534EZ: Application for DIC, Death Pension, and/or Accrued Benefits.
- Gather Evidence: Marriage certificate, death certificate, birth records for children, and any VA rating letters.
- Submit to the VA: You can apply online through VA.gov or by mailing to your regional VA office.
- Track the Decision: VA will confirm receipt and may request additional medical or service records.
If you’re unsure whether your loved one’s death qualifies, a Veterans law attorney can review service records to determine eligibility and maximize benefits.
Special Add-Ons and Programs
- Aid and Attendance (A&A): For survivors who need daily help with personal care.
- Housebound Benefits: For those unable to leave home due to disability.
- Transitional Benefits: Surviving spouses with minor children receive an extra amount for two years after the Veteran’s death.
- Chapter 35 DEA: Dependents may receive education assistance through the Dependents’ Educational Assistance Program.
Appealing a Denied DIC Claim
If the VA denied your claim, you may have several options:
- You may be eligible to request a Higher-Level Review within one year of the decision.
- You might submit a Supplemental Claim (VA Form 20-0995) with new medical or service evidence.
- It may also be possible to appeal directly to the Board of Veterans’ Appeals if you believe the VA misapplied the law.
At Berry Law, we help surviving spouses and families prove eligibility and recover wrongfully denied DIC benefits — including retroactive payments.
Frequently Asked Questions About DIC Benefits
How is DIC different from a survivor’s pension?
DIC is for survivors of Veterans who died from service-connected causes. A survivor’s pension applies to low-income families of wartime Veterans whose death was not service-related.
Do I lose DIC if I remarry?
If you remarry after age 57, you generally continue to receive DIC. Remarriage before that age may affect eligibility.
Can I receive DIC and Social Security at the same time?
Surviving spouses may be eligible to receive both Dependency and Indemnity Compensation (DIC) and Social Security Survivor Benefits at the same time. DIC is tax-free and does not typically affect the amount of Social Security benefits received.
How long does it take to receive DIC after approval?
Processing time varies by claim complexity, but most payments begin within two months after approval.
Can DIC be paid retroactively?
Yes. Retroactive benefits may be awarded to the date the claim was filed or the Veteran’s date of death, whichever is later, if filed within one year.
Contact Berry Law
If you lost a spouse or family member who served, you don’t have to navigate the VA alone. Our team of Veterans serving Veterans will help you understand your rights, gather evidence, and file for the full benefits your family deserves.
Call 888-883-2483 or visit our website for a free consultation.
