Do I Qualify For Dependency and Indemnity Compensation?
Losing a loved one who served in the military is incredibly difficult, and many surviving family members may be unaware of the benefits available to them. The U.S. Department of Veterans Affairs (VA) offers Dependency and Indemnity Compensation (DIC) to eligible survivors of Veterans whose deaths were connected to their military service. This tax-free monthly benefit helps provide financial security to spouses, children, and dependent parents. Additionally, accrued benefits may be available if the Veteran had a pending claim at the time of their passing. Understanding these benefits and the eligibility requirements is essential for ensuring that families receive the support they deserve. If you need help navigating the DIC claims process, VetLaw is here to assist. Our experienced team can help you file a strong claim and maximize the benefits you’re entitled to—contact us today for a free consultation.
What is DIC (Dependency and Indemnity Compensation)?
Dependency and Indemnity Compensation (DIC) is a monthly tax-free benefit provided by the U.S. Department of Veterans Affairs (VA) to a surviving family member of a Veteran who has died as a result of their military service. A Veteran’s death is caused by service when the death can be linked to toxic exposures during service, an in-service event or injury, the development of an additional disease from an already service-connected disability, or death from a condition that is already service-connected. In addition, if the Veteran was rated at 100% or TDIU for at least ten years prior to their date of death, DIC will be presumptively granted.
The VA currently pays a surviving spouse of a Veteran without any dependents $1,653.07 a month if DIC is granted.
What are Accrued Benefits?
Accrued benefits refer to benefits the deceased Veteran was entitled to receive but did not due to their death. This applies when the Veteran had a pending claim or appeal when they passed away. A survivor can be substituted in as claimant and can stand in the Veteran’s place to finish their claim or appeal. If additional service-connection is granted that changes the Veteran’s overall disability rating, the survivor will receive one lump sum of back pay. The survivor does not receive a monthly benefit.
It is not possible to file new claims to increase the Veteran’s percentage after the Veteran has passed away. It is also not possible to file appeals on conditions that were denied more than a year prior after the Veteran’s death.
A survivor does not receive a monthly compensation check for the Veteran’s service-connected disabilities.
Who Qualifies for DIC and Accrued Benefits?
There are several categories of people who may be eligible for DIC and accrued benefits, and each group has specific qualifications:
Surviving Spouse: A surviving spouse of a veteran is someone who was married to the Veteran for at least a year at the time of the Veteran’s death.
If a surviving spouse remarries on or after January 5, 2021 and was at least 55 years old at the time of the remarriage, they may still be considered the surviving spouse of the deceased Veteran.
If a surviving spouse remarries on or after December 16, 2003- January 4, 2021 and was at least 57 years old at the time of the remarriage, they may still be considered the surviving spouse of the deceased Veteran.
VA will recognize someone as the surviving spouse in a common law marriage if the state of residence currently recognizes common law marriage and there is evidence the couple held themselves out to their community as a married couple. States that recognize common law marriage include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas.
If the individual divorced the Veteran prior to the Veteran’s death, the previous spouse will not be recognized as the surviving spouse and does not qualify for DIC benefits.
If there is not a surviving spouse, then a surviving child may be eligible if they meet the below qualifications.
Children: Unmarried children under the age of 18 (or up to age 23 if attending school full-time) may be eligible for DIC benefits. Disabled children of any age who were permanently disabled before reaching the age of 18 may also qualify.
Adult children who are not permanently disabled do not qualify for DIC benefits.
If there is not a surviving spouse or a surviving child that meets these outlined qualifications, a dependent parent may qualify.
Dependent Parents: Dependent parents of a Veteran may qualify for DIC if they meet certain income limitations. The parent must demonstrate they were financially dependent on the deceased Veteran and that their income is less than $7,937 a year. Income does include social security, but medical expenses can be subtracted from the income.
What May Be Needed to Prove a DIC Case?
When applying for DIC, survivors will need to provide several pieces of documentation to prove eligibility:
Death Certificate
Marriage Certificate: If the applicant is a surviving spouse, a marriage certificate or other proof of marriage to the Veteran will be required.
Proof of Children’s Status: For surviving children, applicants will need to provide birth certificates and potentially school records to verify their age and full-time student status, or proof of disability if applicable.
Income Documentation: For dependent parents, documentation of income will be necessary to verify financial need.
Medical Records
Independent Medical Exam: This may be needed to provide a nexus between the Veteran’s cause of death and service and/or service-connected disabilities
Aid and Attendance Once DIC is Granted
Once a survivor is granted Dependency and Indemnity Compensation (DIC), they may also be eligible for additional financial support through the Aid and Attendance (A&A) benefit. This benefit provides an increased DIC payment for survivors who need assistance with daily living activities due to physical or mental impairments. It is designed to help those who require help with basic tasks such as dressing, bathing, eating, or managing medications, often due to age-related conditions or disabilities.
Eligibility for Aid and Attendance
To qualify for the Aid and Attendance benefit, the survivor must meet certain criteria beyond just being approved for DIC. These criteria generally include:
- Need for Assistance with Daily Living: The survivor must demonstrate a need for help with activities of daily living (ADLs), such as:
- Bathing, dressing, and grooming
- Eating and feeding
- Toileting
- Managing medications
- Moving around the home or needing help to leave the house
- Medical Evidence: Medical documentation from a doctor or healthcare provider is required to show that the survivor has a physical or mental health condition that limits their ability to perform these daily tasks independently.
- Housebound Status: If the survivor is unable to leave their home without significant assistance, they may qualify for Aid and Attendance. This could be due to severe mobility issues or the need for constant supervision.
- No Income Limits: Unlike the Survivor’s Pension, which is means-tested (income and asset limitations apply), Aid and Attendance is not based on income or assets. It is solely based on need.
How Much Does Aid and Attendance Pay?
The additional payment provided through Aid and Attendance is added to the base DIC amount and can significantly increase the monthly benefit. As of 2025, a surviving spouse eligible for DIC and Aid and Attendance can receive an additional monthly amount of approximately $409.53.
This payment is designed to help cover the costs of care, which could include hiring in-home caregivers, paying for assisted living, or covering other types of long-term care.
Conclusion
DIC and accrued benefits are designed to help the families of veterans who have passed away due to their military service, offering a vital source of financial support for surviving spouses, children, and dependent parents. To qualify, individuals must meet specific criteria and provide proper documentation to prove eligibility. Understanding the process and knowing the necessary paperwork can help ensure that those who qualify receive the benefits they are entitled to.
For survivors navigating the process, Werner Hoffman Greig & Garcia stands ready to assist to ensure claims and appeals are properly filed and supported by the correct documentation.
