DIC Claims

Understanding Dependency and Indemnity Compensation claims and how they provide financial support for families of deceased veterans is crucial for ensuring your receive the benefits you deserve.

Dependency and Indemnity Compensation (DIC) is a tax-free benefit provided to surviving spouses, children, and dependent parents of veterans who die on active duty or due to service-connected conditions.
DIC claims can be filed when a veteran dies while on active duty or when their death is linked to a service-connected condition, and the process begins with submitting VA Form 21-534EZ along with supporting documentation.
Additional DIC benefits, such as Aid and Attendance, housebound benefits, and transitional benefits, are available for survivors requiring extra assistance due to disability or children under 18.
Common challenges in DIC claims include proving that the veteran’s death was service-related and ensuring that all required documents are properly submitted to avoid delays or denial.
A veterans’ disability lawyer can assist survivors in navigating the complex application process, gathering necessary evidence, and appealing denied claims to improve the chances of a favorable outcome.

Dependency and Indemnity Compensation (DIC) is a critical benefit designed to provide financial support to the surviving family members of veterans who have died in the line of duty or as a result of service-connected conditions. This tax-free monetary benefit offers crucial support to spouses, children, and dependent parents, helping ease the financial burden during a difficult time. Here’s an overview of how DIC claims work, the application process, and the challenges survivors may face.

Dependency and Indemnity Compensation (DIC)

When a service member dies in the line of duty or from a service-related disability, their dependents may be eligible for Dependency and Indemnity Compensation (DIC). This benefit is generally available to dependent children, surviving spouses, and parents who meet specific criteria, such as a parent’s financial reliance on the deceased veteran.

To obtain these DIC benefits, the surviving spouse, child, or parent needs to complete an application tailored to their situation. Once approved, the dependents receive a monthly tax-free payment. The amount of this benefit varies based on the type of survivor.

VA DIC Benefit Highlights

As of December 1, 2023, the basic monthly rate of Dependency and Indemnity Compensation (DIC) for deaths occurring on or after January 1, 1993, was $1,612.75.

Additional allowances include:

Totally Disabling Condition: An additional $342.86 if the Veteran was receiving or entitled to receive compensation for a service-connected disability rated as totally disabling (including individual unemployability) for at least 8 consecutive years before their death, and the surviving spouse was married to the Veteran for the same period.
Dependent Children: An additional $399.54 for each dependent child under 18, between 18 and 23 if attending school, or for helpless children over 18.
Aid and Attendance: An additional $399.54 if the surviving spouse qualifies for Aid and Attendance.
Housebound Status: An additional $187.17 if the surviving spouse qualifies for Housebound benefits.
Transitional Benefit: An additional 2-year transitional benefit of $342.00 if the surviving spouse has one or more children under 18 included in the award.

Eligibility for Dependency and Indemnity Compensation

To qualify for benefits, the deceased service member must have died under one of the following conditions:

While on active duty, inactive duty training, or active duty for training, OR
From an injury or illness that is linked to military service, OR
From a non-service-related illness or injury but was receiving, or was entitled to receive, VA Compensation for a service-connected total disability for at least 10 years immediately before death or since the Veteran’s release from active duty and for at least five years prior to death, or for at least one year before death if the Veteran was a former prisoner of war and died after September 30, 1999.

Additional DIC Eligibility for Surviving Spouses, Children, and Parents

A surviving spouse is eligible if they:

Were married to a service member who died on active duty, active duty for training, inactive duty training, or
Married the Veteran within 15 years of their discharge from the period of military service in which the disease or injury that caused the Veteran’s death began or was aggravated or
Validly married the Veteran before January 1, 1957, or
Were married to the Veteran for at least one year or
Had a child with the Veteran and lived continuously with the Veteran until their death, or if separated, was not at fault for the separation and
Are not currently remarried.

A surviving spouse who remarries on or after December 16, 2003, and after reaching age 55 is still eligible to continue receiving DIC.

Surviving children are eligible if they:

Are not included in the surviving spouse’s DIC award,
Are unmarried, and
Are under age 18, or between 18 and 23 and attending school.
A child adopted out of the Veteran’s family may still be eligible for DIC if all other criteria are met. Certain helpless adult children may also qualify.

Parents’ Dependency and Indemnity Compensation (DIC) is a tax-free, income-based benefit for parents of military service members who died in the line of duty or veterans whose death resulted from a service-related mental or physical condition. To be eligible, surviving parents must have an income below a legally established threshold.

When Can DIC Be Claimed?

DIC benefits can be claimed in specific situations related ot the veteran’s death, including death while on active duty or as a result of service-connected conditions.

Death on Active Duty

If a veteran dies while on active duty, their surviving dependants, such as their spouse, children, or parents, may be eligible for DIC. The benefit acknowledges the sacrifice of service membbers and ensures that their families receive financial assistance after their passing.

Death to to Service-Connected Conditions

Survivors may also claim DIC if the veteran’s death was due to a service-connected condition or if the veteran had a disability rating of totally disabled for at least 10 years before their death. This helps ensure that families are compensated for conditions linked to the veteran’s military service.

In short, this means that if a veteran dies because of a condition caused by their active duty service, their loved ones can still claim this compensation, even if they passed away decades after service.

Applying for DIC

Applying for DIC involves several important steps. Completing the necessary forms and providing accurate documentation is critical to ensuring a smooth application process. Below is a breakdown of the steps involved.

Step 1: Filing VA Form 21P-534EZ

The first step in claiming DIC benefits is to submit VA Form 21P-534EZ. This form is used by survivors to apply for compensation and requires personal details about the veteran and their death, as well as information about the survivor’s relationship to the veteran. Ensuring that all information is correctly filled out is essential to prevent delays in processing.

Download VA Form 21P-534EZ

Step 2: Supporting Evidence

Along with the form, survivors must submit relevant documentation to support their claim. This includes:

The veteran’s death certificate, showing that their death was survice related.
Proof of marriage for surviving spouses, such as a marriage certificate.
Birth certificates for surviving children.

Providing complete and accurate evidence is key to the success of the application and will help minimize delays in the review process.

Step 3: The VA Review Process

Once the application is submitted, the VA will review the claim and determine eligibility for DIC benefits. The review process can take several months, depending on the complexity of the case. During this period, the VA may request additional information or clarification, and it’s important to respond to these requests promptly in order to ensure the process continues in a timely manner.

Additional DIC Benefits

In addition to the standard DIC benefit, certain survivors may be entitled to additional financial support depending on their circumstances. These benefits are designed to provide further assistance for survivors who require additional help.

Aid and Attendance (A&A) Benefits

Survivors who require assistance with daily activities, such as bathing, dressing, or preparing meals, may be eligible for Aid and Attendance benefits. This additional compensation helps cover the costs of care for those who are unable to manage these types of tasks on their own.

Housebound Benefits

Surviving spouses who are housebound due to disability or age may qualify for housebound benefits. This financial assistance is available to those who are unable to leave their home and require ongoing care.

Transitional Benefits

For survivors with dependent children under the age of 18, transitional benefits are available for the first two years following the veteran’s death. These payments provide additional financial support to help families adjust to life without the veteran and ensure that children continue to receive the care they need.

Common Challenges in DIC Claims

Applying for DIC benefits can be a complex process, and many survivors face challenges along the way. From gatherine the necessary documentarion to proving the service connection of the veteran’s death, understanding these common issues can help to avoid potential roadblocks.

Proving Service Connection

One of the most significant challenges in DIC claims is proving that the veteran’s death was caused by or related to their military service. This can require extensive medical documentation, service records, and sometimes expert testimony. Without clear evidence linking the death to the veteran’s service, claims may be delayed or denied.

Denial of Claims

DIC claims can be denied for several reasons, including incomplete documentation, failure to establish a service connection, or missed deadlines. When claims are denied, survivors often face additional stress, making it crucial to understand how to properly file the claim and respond to requests for further information.

Appealing a DIC Denial

If a DIC claim is denied, survivors are not without options. They can appeal the decision and provide additional evidence to support their case. Understanding how to navigate the appeals process can be the difference between a denial and an approved claim.

Survivors can request a higher-level review, submit new evidence, or appeal to the Board of Veterans’ Appeals (BVA) if they believe the initial decision was incorrect. This process can be complicated, and it is often beneficial to have legal representation to help navigate the appeal.

How a Veterans’ Disability Lawyer Can Help with DIC Claim Appeals

If a DIC claim is denied, a veterans’ disability lawyer can assist in filing an appeal, gathering additional evidence, and representing the survivor during the appeals process. This increases the chances of a successful appeal and ensures that survivors have the best chance of receiving the benefits they deserve. Working with a VA attorney to file your DIC claim appeal can also help to prevent any roadblocks associated with legal error, ensuring your claim doesn’t take longer than it needs to.

Contact Bartlett Legal Group for Help with Your DIC Claim

At Bartlett Legal Group, we are committed to helping surviving families navigate the complexity of DIC claim appeals. If you are facing a denied claim, our experienced attorneys are here to help. To schedule a free consultation, please contact us at 850-332-6434 or schedule an appointment online.

Questions about DIC Claims

What documents are needed for a DIC claim?

Survivors must submit VA Form 21P-534EZ, a death certificate showing a service-related cause of death, and proof of relationship to the veteran, such as a marriage or birth certificate.

Can I receive DIC if the veteran’s death was not immediately related to their service?

Yes, if the veteran was rated totally disabled for at least 10 years before their death, their survivors may still be eligible for DIC.

How long does it take to receive DIC benefits?

The VA review process for DIC claims can take several months. The length of time depends on the complexity of the claim and the completeness of the submitted documentation.