Dependency and Indemnity Compensation Laws

A tax-free benefit called Dependency and Indemnity Compensation (DIC) is given to the family members of military personnel who have died in the line of duty. The Department of Veterans Affairs is in charge of managing these payments (VA).

Veterans’ disability compensation benefits (i.e., for service-connected conditions like PTSD, type 2 diabetes, sleep apnea, hypertension, back injuries, etc.) do not continue after the veteran’s passing, which is an important point to remember. Instead, dependents and surviving spouses must submit an application for Dependency and Indemnity Compensation (DIC).

DIC is a tax-free financial benefit given to eligible survivors of Servicemembers who passed away in the line of duty, eligible survivors of Veterans whose death was caused by a service-related illness or injury, or eligible survivors of Veterans who passed away as the result of a non-service-connected injury but who also met other eligibility requirements.

As all military families know, a wounded veteran’s spouse and children frequently care for them. As a result, DIC benefits serve as an unofficial token of appreciation for what spouses and other family members have done to support Veterans throughout their lives.

Since the American Revolution, survivors of Servicemembers and Veterans have received benefits akin to DIC. Benefits for survivors increased during the Civil War. Then, in 1917, the War Risk Insurance Act was passed by Congress, altering the system to better serve World War I Veterans and their survivors.

Due to what has come to be known as the Bradley Report, the death compensation system started to resemble the system in use today in 1956. The DIC program has undergone a few modifications since 1956 (e.g., in 1969, the number of years of service was no longer used to determine eligibility for benefits, rate tables were eliminated, and a flat monthly rate was reinstated; in 2003, it was decided that surviving spouses who remarried after turning 57 years old would still be able to retain their DIC benefits). However, not much else has changed with the DIC program recently.

You should submit an application for DIC as soon as practicable after the veteran’s passing. As long as the DIC claim was submitted within a year of the date the report of the veteran’s actual or supposed death was made, the effective date for claims based on a Veteran’s death in service is the first day of the month in which the veteran died or was presumed to have died.

Otherwise, the date the DIC claim was actually submitted to the relevant VA Pension Management Center shall serve as the effective date.

The effective date will be the first day of the month in which the veteran passed away if their death occurred after service and the DIC claim was submitted within a year of that death. The effective date would be the day the VA Pension Management Center received the DIC claim if the death occurred after service and the DIC claim was submitted more than one year after the veteran’s death.

If a surviving spouse remarries, DIC benefits will end. DIC benefits, however, can be reinstated if the succeeding marriage dissolves for any reason (i.e., death, divorce, annulment). If the surviving spouse remarried on or after turning 57 and on or after December 16, 2003, they might continue to receive DIC benefits.

Like the majority of other government programs, DIC benefits have criteria you must meet in order to be accepted for them.

Applicants must present proof proving specific requirements that the veteran and surviving spouse must satisfy in order to be given DIC payments.

Who is Eligible for Compensation?

DIC may be given to qualified survivors of:

• A military member who passed away while performing active duty
• A veteran who passed away due to a sickness or injury sustained while serving

Survivors who qualify include:

• Survivors who haven’t remarried their spouses
• Under-18s who are not married
• Children enrolled in a school recognized by the VA
• Parents with low incomes

Furthermore, DIC may be reinstated in the event that the surviving spouse marries again, but the union terminates in death, divorce, or annulment.

How Might a Qualified Survivor Apply?

A survivor should only need to complete VA Form 21-534 if they are eligible. Application for Dependency and Indemnity Compensation, Death Pension, and Accrued Benefits by a Surviving Spouse or Child” is the name of this form. The survivor should mail it to the regional VA office after it is finished. An eligible survivor should simply need to call 1-800-827-1000 for more information if they want to reinstate DIC benefits.

Being Eligible for DIC

The VA’s standard monthly rate for DIC payments is $1,437.66 as of December 1, 2021. The sum is paid to the remaining family member for the remainder of their life and is tax-free.

It is possible to become eligible for DIC benefits in a number of ways:

• When a service member dies in the line of duty;
• When a veteran already service-connected by VA dies from a service-connected condition, either as the primary cause of death or a contributing factor;
• When a veteran was service-connected and rated 100% permanently and totally disabled for at least 10 years prior to the veteran’s death;
• When a veteran who was not service-connected by VA has died, then the surviving spouse must demonstrate that a service-related condition was the cause of death

Deadline for Filing

According to VA regulations, there is no deadline for submitting a DIC claim. To safeguard any potential retroactive compensation, a DIC claim should be submitted as soon as possible. A surviving family member who qualifies may be eligible to receive benefits going back to the veteran’s death date if they submit a DIC claim within a year of the veteran’s passing.

Retroactive Advantages

VA then assigns a rating based on the severity of the ailment after granting service connection for a disability. The rating assigned corresponds to a monthly payment amount. Most of the time, the veteran receives compensation going all the way back to the claim’s start date.

This means that in addition to the future monthly payments, VA must also pay the monthly amount for the disability for each month the claim was open, which is often awarded in a lump sum.

Service Relationship

Veterans who sustained injuries while serving in the military or who made those injuries worse may be entitled to disability benefits. When a service member sustains a bodily injury while doing their duties, compensation claims may be made because the injury is readily apparent.

In other instances, symptoms don’t appear for years after service, like in the case of cancer brought on by exposure to dangerous substances like Agent Orange, burn pits, asbestos, or mental health issues.

Brain Injuries

When a veteran is injured in the head or the entire body while serving in the military, there may be long-lasting consequences known as residuals of a traumatic brain injury. Because they didn’t lose consciousness during the incident, many veterans aren’t even aware that they’ve had a TBI. A TBI can result from a minor concussion or being flung around in an explosion.

Do I Need an Attorney?

Your rights as an eligible survivor can be explained to you by a family lawyer. Dealing with the appropriate agencies may be facilitated by legal counsel.