A Military Veterans Guide To Disability Compensation and Pension Benefits - Survivors Benefits

This is a part of a larger knol that is published to share knowledge about earned benefits from the Department of Veterans Affairs.

This is a work in progress and is not complete unto itself.

If you arrived here without entering the front page, "A Military Veterans Guide To Disability Compensation and Pension Benefits", please return to that page to read co-author's biographies and our disclaimer.


Our Disclaimer

This Knol is provided to you to describe general processes and procedures that occur during the application for disability compensation and pension and other benefits within the Department of Veterans Affairs System. Any author you find here is not providing you with legal advice. Any information provided by this Knol or any contributor to this Knol is not intended as and should not be construed as legal advice. You should always consult an attorney to help answer specific questions regarding how VA laws apply to you and/or your situation. The summaries provided here are incomplete, and the DVA laws and regulations are subject to change. We do not guarantee and we are not liable for the accuracy or completeness of any of the information provided, or any results or outcome as a result of the use of this information.

My friend and a constant reader of VAWatchdog dot org, Mr. John King (Florida) wrote to remind me I needed to include a guide to the benefits available to the family of the veteran after the veteran is gone. This knol segment is thus dedicated to the selfless thought John had for the dependent spouses, children and parents of America's warriors. Thanks John!

Dependency and Indemnity Compensation (DIC)

The most frequently requested information regarding a survivor's benefit concerns DIC. As is so often the case, the VA web site is a rich source of data about the benefit. Most of what you'll read here is culled directly from the VA site and presented in a format that may be easier to read and understand.

Over the years I've received hundreds of inquiries regarding DIC benefits. Of all of these there is a single problem that is at the front of most of those questions. That is that during his life, the veteran never spoke with the widow about the VA or any benefits he received.

For most of us such a thing seems incomprehensible. However, in many families the veteran is the one who deals with the bills, the bank accounts and the financial structure of the family. He may not share any information at all about VA for any number of reasons. (I'm using "he" as in my experience, the great majority of the issues I've seen have been those of the male veteran. I recognize that a survivor may be a male widower of a female veteran.)

When the time comes that the veteran passes on, the survivors are often left completely unaware of any of the activities that may have been ongoing with the VA. The widow will find all the paperwork in an old desk drawer and view it as unreadable with the legalese and technical mumbo-jumbo.

All too often the survivor will heed the advice they find on a letter from VA and they'll call the toll free number to inquire of any benefits that may be owed them. The usual response from VA is to tell the widow she shouldn't bother with all that, there are no benefits to be had.

The widow may seek the help of a Veterans Service Officer through an organization her veteran held a life membership to. Again, in my experience, the VSO is of little help and will often repeat just what the VA has said, "Don't bother."

Any veteran who receives any benefit from VA should frequently update dependents on the paperwork and routines necessary should the veteran die. Having a will isn't a substitute for a complete understanding of what the widow is likely eligible for and how to apply. Along with the will the responsible veteran should have all the necessary forms and other supporting documents available so that survivors won't find themselves lost in a maze of VA bureaucracy.

At first glance, survivors benefits seem complex. At the most basic level, they aren't. There are a few simple rules to keep in mind and for most of us, that's the end of it.

What is DIC?

DIC is a monthly benefit paid to eligible survivors of a:

Military service member who died while on active duty, OR

Veteran whose death resulted from a service-related injury or disease, OR

Veteran whose death resulted from a non service-related injury or disease, and who was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
for at least 10 years immediately before death, OR

since the veteran’s release from active duty and for at least five years immediately preceding death, OR
for at least one year before death if the veteran was a former prisoner of war who died after September 30, 1999.

Who are eligible survivors for DIC?

The unremarried surviving spouse if he or she:

validly married the veteran before January 1, 1957, OR

was married to a service member who died on active duty, OR

married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

was married to the veteran for at least one year, OR

had a child with the veteran, AND

cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

is not currently remarried.

The surviving child(ren) if he or she is:

unmarried AND

under age 18, or between the ages of 18 and 23 and attending school.

(Note:  Certain helpless adult children are entitled to DIC.)
The surviving parents may be eligible for an income-based benefit.

What is the application process?

First-time applicants should complete VA Form 21-534 (Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child) and submit it the VA regional office serving the applicant’s area. The process is simpler on requests for restored DIC. Call the toll-free number below for information about supporting materials that VA may need, special instructions on requests for restoration of DIC, location of VA regional offices, and information on other VA benefits and services.





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Jim Strickland
Jim Strickland
Veteran
Bloomingdale, Georgia, USA
  • Katrina Eagle
    Attorney at The Veterans Law Office of Eagle & Wildhaber, LLP, San Diego, CA
  • Douglas Rosinski
    Attorney at Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Columbia, South Carolina
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Last edited: Dec 17, 2008 5:48 PM.

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