When a veteran passes away due to a service-related condition, the emotional and financial impact on their family members can be devastating. Federal law provides for Dependency and Indemnity Compensation (DIC), a tax-free monthly payment to eligible survivors. It is important for spouses and dependents to understand how DIC works, who is eligible and how to apply to ensure they receive the benefits they are entitled to.
What Is Dependency and Indemnity Compensation (DIC)?
DIC is a monthly financial assistance payment provided by the United States Department of Veterans Affairs (VA) to certain family members of deceased veterans. This benefit is authorized by 38 U.S.C. § 1310, which provides for compensation when a veteran’s death was caused by a service-related disability.
Unlike other VA benefits, DIC does not depend on income, is not subject to taxation, and is paid out on a fixed monthly basis, with potential additional payments for dependents or specific circumstances.
Who Is Eligible for DIC Benefits?
Eligibility for DIC typically includes:
- Surviving spouses
- Unmarried children under the age of 18 (or up to 23 if still in school)
- Children who have become permanently unable to support themselves before the age of 18
To qualify, the veteran must have died from a service-connected disability or been rated 100% disabled for at least 10 years prior to death, or be totally disabled and rated for at least five years after discharge, or have been a prisoner of war and rated totally disabled for one year or more.
How Much Is DIC Compensation?
DIC is paid on a monthly basis at a rate set by Congress and periodically adjusted. Additional amounts may be paid if:
- The surviving spouse has dependent children.
- The veteran was totally disabled for a period before death.
- The surviving spouse requires assistance and care.
The Department of Veterans Affairs (VA) publishes updated DIC rates each year, and payments are made regardless of other sources of income, including Social Security benefits.
Common Challenges in DIC Claims
Although DIC (disability compensation) is a valuable benefit, claims are often denied. Some common reasons for denial include:
- VA (Veterans Affairs) determination that the death was not related to service.
- Lack of sufficient medical evidence linking the death to service.
- Errors in the survivor’s eligibility documentation.
- Failure to recognize entitlement under the long-term disability rules.
Survivors have the right to appeal a denied DIC claim under 38 U.S.C. § 7105. However, the process can be challenging and time-consuming without professional representation.
Why Survivors Turn to Tabak Law
The VA only allows accredited individuals and attorneys to represent claimants in most benefits cases. At Tabak Law, survivors are guided by attorneys who understand both the law and the internal decision-making process of the VA.
Moving Forward After Loss
DIC benefits exist to honor the sacrifices of veterans and provide support for their families. Unfortunately, the Department of Veterans Affairs (VA) does not always approve these benefits without difficulty. If you are a surviving spouse or dependent facing a denied or delayed disability compensation claim, you do not have to face this process alone.
Tabak Law is here to help you secure the benefits you deserve. We offer a free consultation to survivors nationwide. Contact our Milwaukee-area office at (414) 626-2668 or online for assistance. Your loved one’s service matters, and your rights matter too.